Immigration
(Control of Entry Through Republic of Ireland) (Jersey) Order 2018
THE MINISTER
FOR HOME AFFAIRS, in pursuance of section 9(2) and (6) of the Immigration
Act 1971 as extended to Jersey with modifications by the Immigration
(Jersey) Order 1993 and the Immigration (Jersey) (Amendment)
Order 2017, orders as follows –
Commencement [see endnotes]
1 Interpretation
In this Order –
“Act” means the Immigration Act 1971 (c.77) of the United
Kingdom as extended to Jersey with modifications by the Immigration (Jersey)
Order 1993 and the Immigration (Jersey) (Amendment) Order 2017;
“1988 Act” means the Immigration Act 1988 (c.14) of
the United Kingdom as extended to Jersey with modifications by the Immigration
(Jersey) Order 1993;
“EEA national” means a national of an EEA State who is
not also a British citizen;
“EEA” means the European Economic Area;
“EEA State” means, other than the United
Kingdom –
(a) a
member State of the European Union;
(b) Norway,
Iceland, Liechtenstein and Switzerland;
“Jersey” has the meaning given in Article 2 of the Immigration
(Jersey) Order 1993;
“visa national” means a person, including a stateless
person, who in accordance with the Jersey Immigration Rules is required on
entry into Jersey to produce a passport or other document of identity endorsed
with a visa for his or her entry into Jersey.
2 Immigration
control in respect of certain persons travelling through the Republic of
Ireland
(1) This Article applies
to –
(a) any
person (other than a citizen of the Republic of Ireland) who arrives in Jersey
on an aircraft which began its flight in that Republic if he or she entered
that Republic in the course of a journey to Jersey which began outside the
common travel area and was not given leave to land in that Republic in
accordance with the law in force there;
(b) any
person (other than a person to whom sub-paragraph (a) refers) who arrives
in Jersey on a local journey from the Republic of Ireland if he or she satisfies
any of the following conditions, that is to say –
(i) he or she is a
visa national who has no valid visa for his or her entry into Jersey, save for
a visa national to whom Article 3 applies,
(ii) he
or she entered that Republic unlawfully from a place outside the common travel
area,
(iii) he or
she entered that Republic from a place in the United Kingdom or Islands (that
is to say, the Channel Islands and the Isle of Man) after entering there
unlawfully, or, if he or she had a limited leave to enter or remain there,
after the expiry of the leave, provided that in either case he or she has not
subsequently been given leave to enter or remain in the United Kingdom or any
of the Islands,
(iv) he or
she is a person in respect of whom directions have been given by the Minister
for Home Affairs for that person not to be given entry to Jersey on the ground
that his or her exclusion is conducive to the public good, or
(v) he or she is a person
who has been prohibited from entering the United Kingdom by an order made by
the Secretary of State under any provision made under section 2(2) of the European
Communities Act 1972 of the United Kingdom.
(2) In relation only to
persons to whom this Article applies, the Republic of Ireland shall be excluded
from section 1(3) of the Act (provisions relating to persons travelling on
local journeys in the common travel area).
3 Recognition
of certain 90 day visit visas issued by the Republic of Ireland
This Article applies to a visa national who is a citizen of a
country specified in the Schedule who –
(a) has applied to the
Republic of Ireland authorities for a visa to travel to the Republic;
(b) has made the
application mentioned in paragraph (a) to the Republic of Ireland
authorities based in the country listed in the Schedule where the visa national
is a citizen;
(c) has been granted a visa
to travel to the Republic of Ireland by the Republic of Ireland authorities for
the purpose of a stay of a period of 90 days or fewer, as a result of the
application mentioned in paragraph (a), which is endorsed with the letters
“BIVS”;
(d) has since been given
permission by the Republic of Ireland authorities, endorsed on his or her
passport, to land or be in the Republic of Ireland pursuant to the visa
mentioned in paragraph (c); and
(e) is in possession of
both the valid Irish visa mentioned in paragraph (c) and the valid
endorsement from the Republic of Ireland authorities conferring permission to
land or to be in the Republic mentioned in paragraph (d), at the time when
he or she enters Jersey on a local journey from the Republic of Ireland.
4 Restrictions
and conditions
(1) Subject to paragraph (2),
this Article applies to any person who does not have the right of abode in
Jersey under section 2 of the Act and is not an EEA national, or a person
who is entitled to enter or remain in Jersey by virtue of section 7 of
the 1988 Act, who enters Jersey on a local journey from the Republic
of Ireland after having entered that Republic –
(a) on
coming from a place outside the common travel area; or
(b) after
leaving Jersey whilst having a limited leave to enter or remain there which has
since expired.
(2) This Article shall not
apply to any person who arrives in Jersey with leave to enter or remain in
Jersey which is in force but which was given to that person before his or her
arrival or who requires leave to enter Jersey by virtue of Article 2 or
section 9(4) of the Act.
(3) A person to whom this
Article applies by virtue only of paragraph (1)(a) shall, unless that
person is a visa national without a valid visa for entry to Jersey and who is
also a visa national to whom Article 3 applies, be subject to the
restriction and condition set out in paragraph (4).
(4) The restriction and
condition referred to in paragraph (3) are that –
(a) the period
for which the person may remain in Jersey shall not be more than 3 months
from the date on which he or she first entered Jersey; and
(b) the
person shall not engage in any occupation for reward or in any employment.
(5) In relation to a person
who is a visa national without a valid visa for entry to Jersey and who is also
a visa national to whom Article 3 applies, the restriction and condition
set out in paragraph (6) shall apply instead of the provisions contained
in paragraph (4).
(6) The restriction and
condition referred to in paragraph (5) are that –
(a) the
period for which the visa national may remain in Jersey ends on the date of the
expiry of the permission to land or to be in the Republic of Ireland mentioned
in Article 3(d); and
(b) the
person shall not engage in any occupation for reward or in any employment.
(7) A person to whom this
Article applies by virtue of paragraph (1)(b) (whether or not he or she is
also a person to whom this Article applies by virtue of paragraph (1)(a))
shall be subject to the restriction and condition set out in paragraph (8).
(8) The restriction and
condition referred to in paragraph (7) are that –
(a) the
period for which the person may remain in Jersey shall not be more than
7 days from the date on which he or she first entered Jersey; and
(b) the
person shall not engage in any occupation for reward or in any employment.
(9) The restriction and
condition set out in paragraphs (4), (6) and (8) shall cease to apply to a
person if that person becomes entitled to enter or remain in the United Kingdom
by virtue of section 7 of the 1988 Act.
5 Citation
This Order may be cited as the Immigration (Control of Entry Through
Republic of Ireland) (Jersey) Order 2018.