Contents

Endnotes

THE MINISTER FOR HOME AFFAIRS makes this Order under section 9(2) and (6) of the Immigration Act 1971 as extended to Jersey with modifications by the Immigration (Jersey) Order 1993[1] and the Immigration (Jersey) (Amendment) Order 2017[2] –

“ “exempt work activity” means an activity listed in the Appendix to the Jersey Immigration Rules titled “Visitor: Permitted Activities”, except those activities listed in paragraphs PA(J) 1, PA(J) 2 and PA(J) 16.1 to PA(J) 18;”;

“ “Jersey Immigration Rules” means the directions, as amended from time to time, given under sections 1(4A) and 3(2) of the Act;

“occupation or employment” includes the following activities in Jersey (whether paid or unpaid) –

(a)     undertaking employment;

(b)     doing any work for an organisation or business;

(c)     establishing or running a business as a self-employed person;

(d)     undertaking a work placement or internship;

(e)     undertaking any direct selling to the public;

(f)      fulfilling a contract to provide goods or services;

“permitted paid engagement” means an engagement listed in paragraph V(J)13.3 of the Appendix to the Jersey Immigration Rules titled “V(J): Visitor”;

“permitted payment” means a payment of a type listed in paragraph V4.6.(a) to (f) of the Appendix to the Jersey Immigration Rules titled “V(J): Visitor”, read without regard to the condition in paragraph V(J)4.6.(f) that the requirements of paragraphs V(J)13.1 to V(J)13.3 are met;”.

“(iv)   he or she is an excluded person for the purposes of section 8B of the Act,

(v)     he or she is excluded from the United Kingdom by an order under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052 of the United Kingdom).”;

“(1A) In paragraph (1)(b)(v) the reference to an order under the Immigration (European Economic Area) Regulations 2016 (the “2016 Regulations”) is to –

(a)     an order made, on or after the commencement of Article 2 of the European Union (Repeal and Amendment) (Jersey) Law 2018[4], under the 2016 Regulations as they have effect in the United Kingdom under the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209 of the United Kingdom); or

(b)     an order made before that commencement under the 2016 Regulations, if that order continues in force in the United Kingdom under paragraph 2 of Schedule 3 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309 of the United Kingdom).”.

“(1)    This Article applies for the purposes of Articles 2 and 4 to a visa national who is a citizen of a country listed in paragraph (2), if that person –”;

“(2)    The listed countries are –

(a)     India;

(b)     the People’s Republic of China.”.

“(2A) This Article does not apply to a person who has leave to enter or remain in Jersey, or may be granted that leave, by virtue of Appendix EU(J) to the Jersey Immigration Rules.

(2B)   This Article does not apply to a person to whom Article 4A applies.”;

“(9)    Without prejudice to the generality of paragraph (2A), the restriction and condition set out in paragraphs (4) and (6) cease to apply to a person if this Article ceases, by virtue of paragraph (2A), to apply to that person.”.

“4A   Permitted paid engagement

(1)     Subject to paragraph (2), this Article applies to a person who does not have the right of abode in Jersey under section 2 of the Act and is not an Irish citizen, if that person –

(a)     enters Jersey on a local journey from the Republic of Ireland after having entered the Republic of Ireland –

(i)      on coming from a place outside the common travel area, or

(ii)      after leaving Jersey whilst having limited leave to enter or remain there which has since expired; and

(b)     at the time of the person’s entry to Jersey, intends, and has a previously arranged invitation, to undertake a permitted paid engagement in Jersey.

(2)     This Article does not apply to a person who –

(a)     arrives in Jersey with leave to enter or remain in Jersey which is in force but which was given to the person before their arrival; or

(b)     requires leave to enter Jersey by virtue of Article 2 or of section 9(4) of the Act.

(3)     Subject to paragraph (5), a person to whom this Article applies is subject to the restriction and conditions in paragraph (4).

(4)     The restriction and conditions are that –

(a)     the period for which the person may remain in Jersey is not more than one month from the date on which the person entered Jersey;

(b)     the person must not engage in any occupation or employment, except an exempt work activity or the permitted paid engagement referred to in paragraph (1)(b); and

(c)     the person must not receive any payment for any occupation or employment, other than a permitted payment for undertaking that exempt work activity or permitted paid engagement.

(5)     The restriction and conditions in paragraph (6) apply to a person if –

(a)     the person left Jersey at a time when this Article applied to the person; and

(b)     without first leaving the common travel area, the person subsequently re-enters Jersey.

(6)     The restriction and conditions are that –

(a)     the period for which the person may remain in Jersey is not more than 7 days from the date on which the person entered Jersey;

(b)     the person must not engage in any occupation or employment, except an exempt work activity or a permitted paid engagement; and

(c)     the person must not receive any payment for any occupation or employment, other than a permitted payment for undertaking that exempt work activity or permitted paid engagement.”.