Immigration (Fees)
(Jersey) Order 2017
THE MINISTER FOR
HOME AFFAIRS,
in pursuance of sections 67A, 67B and 67C of the Immigration Act 2014
as extended to Jersey, with modifications, by the Immigration (Jersey)
Order 2016, orders as follows –
Commencement [see endnotes]
1 Interpretation[1]
In this Order –
“1971 Act” means the Immigration Act 1971 (c.77) of
the United Kingdom as extended to Jersey, with modifications, by the Immigration
(Jersey) Order 1993;
“Article 3 or Refugee Convention application” means
an application for leave to remain in Jersey made on the basis that the
applicant is –
(a) a
person making a claim for asylum which has either not been determined or has
been granted;
(b) a
person who has been granted humanitarian protection under the Jersey
Immigration Rules;
(c) a
person claiming that, due to an ongoing medical condition, removal from Jersey would
be incompatible with Article 3 of the European Convention on Human Rights;
(d) a
person who is a dependant of a refugee or person granted humanitarian
protection under the Jersey Immigration Rules and is applying for leave to remain
in Jersey under paragraphs 352A to 352FI of the Jersey Immigration
Rules; or
(e) a
child who was born in Jersey to a person referred to in paragraph (a) or (b);
“claim for asylum” means a claim that it would be
contrary to Jersey’s obligations under the United Nations Convention and
Protocol relating to the Status of Refugees for the claimant to be removed
from, or required to leave, Jersey;
“child” means a person who has not attained the age of 18 years;
“dependant”, in relation to a person (“P”),
means –
(a) the
spouse or civil partner of P;
(b) a
person who has been living with P in a relationship akin to a marriage or civil
partnership for at least 2 years; or
(c) any
other person whose entitlement to make an application, for which a fee may be
set by this Order, arises from a connection between that person and P;
“Jersey Immigration Rules” means the directions, as
amended from time to time, given under section 1(4A) of the 1971 Act;
“Human Rights Law” means the Human Rights (Jersey)
Law 2000;
“leave to remain in Jersey” means leave to remain in
Jersey in accordance with the provisions of the 1971 Act or the Jersey
Immigration Rules and any subsequent variation of that leave;
“seasonal employment”
means employment –
(a) in
the agriculture and hospitality sectors; or
(b) on
fishing vessels as crew;
“sector-based employment”
means employment in the construction industry;
“specified human rights application” means an application
for limited leave to remain in Jersey under –
(a) paragraph 276ADE(i)
of the Jersey Immigration Rules; or
(b) any
other application other than an Article 3 or Refugee Convention
application in which the applicant relies solely or primarily on a claim that to
remove the applicant from Jersey or to require the applicant to leave Jersey
would be unlawful under Article 7(1) of the Human Rights Law (public
authority not to act contrary to Convention rights).
2 Fees –
limited leave to remain
(1) This
Article applies to an application for leave to remain in Jersey for a limited
period.
(2) The
fee that must accompany an application is as follows –
|
|
Person
in respect of which an application is made
|
Fee
|
|
(a)
|
student
|
£475.00
|
|
(b)
|
dependant of a student
|
£475.00
|
|
(c)
|
person holding a work
permit, where that work permit authorises the person’s seasonal
employment for a period not exceeding 9 months
|
£244.00
|
|
(ca)
|
person holding a work
permit, where that work permit authorises the person’s sector-based
employment for a period not exceeding one year (which permit may be extended
for a further period)
|
£244.00
|
|
(cb)
|
person holding a work
permit under (ca) which is to be or has been extended for a further period
|
£244.00
|
|
(cc)
|
dependant of a person
mentioned in paragraph (cb)
|
£244.00
|
|
(d)
|
person holding a work
permit other than a person mentioned in paragraph (c) or (ca)
|
£704.00
|
|
(e)
|
dependant of a person
mentioned in paragraph (d)
|
£704.00
|
|
(f)
|
investor
|
£1,623.00
|
|
(g)
|
dependant of an investor
|
£1,623.00
|
|
(h)
|
person seeking leave to
remain for a period of 30 months, under Appendix HK(J) British National
(Overseas) to the Jersey Immigration Rules, as a BN(O) status holder or a
BN(O) household member
|
£180.00
|
|
(i)
|
dependant of a person
mentioned in paragraph (h)
|
£180.00
|
|
(j)
|
person seeking leave to
remain for a period of 5 years, under Appendix HK(J) British National
(Overseas) to the Jersey Immigration Rules, as a BN(O) status holder or a
BN(O) household member
|
£250.00
|
|
(k)
|
dependant of a person
mentioned in paragraph (j)
|
£250.00
|
|
(l)
|
a person who is not a
person mentioned in any of paragraphs (a) to (k)
|
£1,033.00[2]
|
3 Fees –
indefinite leave to remain[3]
The fee that must accompany an application for leave to remain in
Jersey for an indefinite period is £2,389.
3A [4]
4 Exceptions
No fee need accompany an
application under Article 2 or 3 if the application is –
(a) in
respect of an Article 3 or Refugee Convention application;
(b) made
in respect of a victim of domestic violence under paragraph 289A of, or
Appendix FM (J) to, the Jersey Immigration Rules where, at the time of
making the application, the applicant appears to the Minister to be destitute;
(c) in
respect of a specified human rights application where to require payment of the
fee would be incompatible with the applicant’s Convention rights (within
the meaning of the Human Rights Law);
(d) made
to an immigration officer on arrival at a port of entry in Jersey in respect of
a person seeking variation of leave to remain in Jersey for a period of up to
6 months;
(e) made
for the initial period of limited leave to remain in Jersey as a stateless
person (within the meaning of paragraph 401 of the Jersey Immigration
Rules), or as the family member of a stateless person, under Part 14 of
the Jersey Immigration Rules;
(f) made
in respect of a person who, at the time the application is made, is a child who
is being provided with any form of assistance by the States; or
(g) in
respect of an application for leave to remain by an EEA citizen, a family
member of an EEA citizen or a family member of a qualifying British citizen
under Appendix EU(J) to the Jersey Immigration Rules.[5]
5 Citation
This Order may be cited as the Immigration (Fees) (Jersey)
Order 2017.