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[1], orders as follows –
Commencement
[see endnotes]
1 Interpretation
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[2];
“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, means the spouse or civil partner of the person or a
child of the person or of the spouse or civil partner;
“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[3];
“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;
“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);
“spouse”, in
relation to a person, includes the person’s civil partner or the
person’s unmarried partner (whether or not of the same sex).
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 the application is –
(a) where
the application is made in relation to a person who is a work permit holder, or
a person who is a dependant of a work permit holder, and the application is
made –
(i) before
1st June 2017, £664, or
(ii) on, or after
1st June 2017, £677;
(b) where
the application is made in relation to a person who is not a work permit
holder, or a person who is dependant of a person who is not a work permit
holder and the application is made –
(i) before
1st June 2017, £811, or
(ii) on, or after
1st June 2017, £993.
3 Fees –
indefinite leave to remain
The fee that must
accompany an application for leave to remain in Jersey for an indefinite period
is, where the application is made –
(a) before
1st June 2017, £1,875; or
(b) on,
or after 1st June 2017, £2,297.
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; or
(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.
5 Citation
This Order may be cited as the Immigration (Fees) (Jersey)
Order 2017.