Immigration
(Fees) (Jersey) Order 2022
THE MINISTER
FOR HOME AFFAIRS makes this Order under sections 67A, 67B and 67C of the Immigration
Act 2014, and under sections 86, 87 and 88 of the Immigration Act 2016, as
those provisions are extended to Jersey, with modifications, by the Immigration (Jersey) Order 2021 –
Commencement [see endnotes]
Part 1
Interpretation
1 Interpretation
In this Order –
“1971 Act” means the Immigration Act 1971
of the United Kingdom as extended to Jersey, with modifications, by the Immigration
(Jersey) Order 2021;
“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 rules, as
amended from time to time, made under section 1(4) of the 1971 Act;
“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;
“passport” means a United Kingdom passport as
defined in section 33 of the Immigration Act 1971;
“seasonal employment” means employment of
limited duration –
(a) in the agriculture and
hospitality sectors;
(b) on fishing vessels as
crew; or
(c) in the construction
industry;
“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 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 (Jersey) Law
2000 (public authority not to act contrary to Convention rights).
Part 2
Leave
to remain
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 –
|
|
|
|
|
|
1
|
Student
|
558
|
558
|
|
2
|
Minister of religion
|
943
|
943
|
|
3
|
Investor
|
2,000
|
2,000
|
|
4
|
Person holding a work permit, if
the work permit authorises the person’s seasonal employment for a period not
exceeding 9 months
|
340
|
n/a
|
|
5
|
Person holding a work permit, if
the work permit authorises the person’s sector-based employment for a period
not exceeding 1 year (which permit may be extended for a further period)
|
340
|
n/a
|
|
6
|
Person holding a work permit
under row 5 that is to be or has been extended for a further period
|
340
|
n/a
|
|
7
|
Person holding a work permit
other than a person mentioned in row 4, 5 or 6
|
943
|
943
|
|
8
|
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
|
206
|
206
|
|
9
|
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
|
285
|
285
|
|
10
|
Person seeking to enter Jersey to
establish themselves in business
|
1,693
|
1,693
|
|
11
|
Person seeking leave to remain as
a Visitor under Appendix V(J) Visitor to the Jersey Immigration Rules
|
1,172
|
n/a
|
|
12
|
Person who is not mentioned in
any of rows 1 to 11
|
1,407
|
n/a[1]
|
3 Fees – indefinite leave
to remain[2]
The fee that must
accompany an application for leave to remain in Jersey for an indefinite period
is £3,226.
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 (Jersey) Law
2000);
(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.
Part 3
Passports
5 Fees payable for
passport applications
(1) This
Article applies to an application for a passport.[3]
(2) The
fee that must accompany an application is as follows –
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|
|
|
|
|
|
|
1
|
First issue of passport
|
80
|
115.50
|
156.50
|
192
|
|
2
|
Replace a lost, stolen or damaged passport
|
80
|
115.50
|
156.50
|
192
|
|
3
|
Replace an expired or expiring passport, or amend an existing
passport
|
80
|
115.50
|
156.50
|
192
|
|
4
|
Extend a restricted validity passport
|
80
|
115.50
|
156.50
|
192
|
|
5
|
Temporary emergency passport
|
125
|
125
|
n/a
|
n/a
|
|
6
|
Temporary emergency passport – out of office hours
|
245
|
245
|
n/a
|
n/a
|
|
7
|
Arranging the return of supporting documents accompanying an
application for a passport
|
Cost of postage or £5, whichever is lower
|
Cost of postage or £5, whichever is lower
|
Cost of postage or £5, whichever is lower
|
Cost of postage or £5, whichever is lower[4]
|
Part 4
Repeal
and final provision
6 [5]
7 Citation and
commencement
This Order may be cited as the Immigration (Fees) (Jersey) Order
2022 and comes into force on the same day as the Immigration
(Jersey) Order 2021.