Immigration (Fees) (Jersey) Order 2017[1]

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 11 May 2021 to 11 April 2022

Immigration (Fees) (Jersey) Order 2017

Article

1             Interpretation. 3

2             Fees – limited leave to remain. 4

3             Fees – indefinite leave to remain. 5

3A                        5

4             Exceptions. 5

5             Citation. 6

Table of Legislation History. 7

Table of Endnote References. 7

Immigration (Fees) (Jersey) Order 2017

1        Interpretation[2]

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 –

3        Fees – indefinite leave to remain[4]

The fee that must accompany an application for leave to remain in Jersey for an indefinite period is £2,389.

3A     [5]

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.[6]

5        Citation

This Order may be cited as the Immigration (Fees) (Jersey) Order 2017.

Endnotes

Table of Legislation History

Table of Endnote References