The Immigration (Jersey) Order 2021

Made: 10th November 2021

Coming into force in accordance with article 1(1)

At the Court at Windsor Castle, the 10th day of November 2021Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the enactments specified in article 2, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Immigration (Jersey) Order 2021 and comes into force on such day or days (after this Order has been registered by the Royal Court of Jersey) as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes.

• (2) In this Order—

• “the 1971 Act” means the Immigration Act 1971[^f00001];

• “the 1981 Act” means the British Nationality Act 1981[^f00002];

• “the 1982 Act” means the Criminal Justice Act 1982[^f00003];

• “the 1988 Act” means the Immigration Act 1988[^f00004];

• “the 1993 Act” means the Asylum and Immigration Appeals Act 1993[^f00005];

• “the 1996 Act” means the Asylum and Immigration Act 1996[^f00006];

• “the 1999 Act” means the Immigration and Asylum Act 1999[^f00007];

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002[^f00008];

• “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004[^f00009];

• “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006[^f00010];

• “the 2007 Act” means the UK Borders Act 2007[^f00011];

• “the 2009 Act” means the Borders, Citizenship and Immigration Act 2009[^f00012];

• “the 2014 Act” means the Immigration Act 2014[^f00013];

• “the 2015 Act” means the Counter-Terrorism and Security Act 2015[^f00014];

• “the 2016 Act” means the Immigration Act 2016[^f00015];

• “the 2017 Act” means the Policing and Crime Act 2017[^f00016];

• “the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018[^f00017];

• “the 2020 Act” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020[^f00018].

• (3) In this Order—

• “the Acts” means the Acts referred to in paragraph (2);

• “the Minister” means the Minister for Home Affairs (of Jersey).

• (4) The Interpretation (Jersey) Law 1954[^f00019] applies—

• (a) to this Order;

• (b) to the provisions of the Acts as extended by this Order; and

• (c) in relation to an enactment made— ,

• (i) under this Order, or

• (ii) under the provisions so extended,

as though this Order and the provisions so extended were a Law.

• (5) In construing the Acts as extended by this Order –

• (a) a reference to an enactment of the United Kingdom is a reference to that enactment as it has effect in Jersey;

• (b) a reference to the Immigration Acts is a reference to the Immigration Acts of the United Kingdom as they have effect for the time being as extended to Jersey;

• (c) a reference to the standard scale is a reference to the standard scale for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993[^f00020].

Enabling powers

2

The enactments conferring the powers under which this Order is made are—

• (a) section 36 of the 1971 Act (power to extend provisions to the Islands);

• (b) section 53(5) of the 1981 Act (citation, commencement and extent);

• (c) section 81(11) and (12) of the 1982 Act (citation and extent);

• (d) section 12(5) of the Immigration Act 1988 Act (short title, interpretation, commencement and extent);

• (e) section 15(1) of the 1993 Act (extent);

• (f) section 13(5) of the 1996 Act (short title, interpretation, commencement and extent);

• (g) section 170(7) of the 1999 Act (short title, commencement and extent)

• (h) section 163(4) of the 2002 Act (extent);

• (i) section 49(3) of the 2004 Act (extent);

• (j) section 63(3) of the 2006 Act (extent);

• (k) section 60(4) of the 2007 Act (extent);

• (l) section 57(5) of the 2009 Act (extent);

• (m) section 76(6) of the 2014 Act (extent);

• (n) section 51(3) of the 2015 Act (extent);

• (o) section 95(5) of the 2016 Act (extent);

• (p) section 183(7) of the 2017 Act (extent);

• (q) section 63(6) of the 2018 Act (extent); and

• (r) section 8(2) and (3) of the 2020 Act (extent).

Extension of the 1971 Act to Jersey

3

• (1) Each of the provisions of the 1971 Act specified in column 1 of Schedule 1 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 1A to this Order sets out the provisions of the 1971 Act as extended to Jersey.

Extension of the 1988 Act to Jersey

4

• (1) Each of the provisions of the 1988 Act specified in column 1 of Schedule 2 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 2A to this Order sets out the provisions of the 1988 Act as extended to Jersey.

Extension of the 1993 Act to Jersey

5

• (1) Each of the provisions of the 1993 Act specified in column 1 of Schedule 3 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 3A to this Order sets out the provisions of the 1988 Act as extended to Jersey.

Extension of the 1999 Act to Jersey

6

• (1) Each of the provisions of the 1999 Act specified in column 1 of Schedule 4 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 4A to this Order sets out the provisions of the 1999 Act as extended to Jersey.

Extension of the 2002 Act to Jersey

7

• (1) Each of the provisions of the 2002 Act specified in column 1 of Schedule 5 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 5A to this Order sets out the provisions of the 2002 Act as extended to Jersey.

Extension of the 2004 Act to Jersey

8

• (1) Each of the provisions of the 2004 Act specified in column 1 of Schedule 6 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 6A to this Order sets out the provisions of the 2004 Act as extended to Jersey.

Extension of the 2006 Act to Jersey

9

• (1) Each of the provisions of the 2006 Act specified in column 1 of Schedule 7 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 7A to this Order sets out the provisions of the 2006 Act as extended to Jersey.

Extension of the 2007 Act to Jersey

10

• (1) Each of the provisions of the 2007 Act specified in column 1 of Schedule 8 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 8A to this Order sets out the provisions of the 2007 Act as extended to Jersey.

Extension of the 2009 Act to Jersey

11

• (1) Each of the provisions of the 2009 Act specified in column 1 of Schedule 9 to this Order shall extend to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 9A to this Order sets out the provisions of the 2009 Act as extended to Jersey.

Extension of the 2014 Act to Jersey

12

• (1) Each of the provisions of the 2014 Act specified in column 1 of Schedule 10 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 10A to this Order sets out the provisions of the 2014 Act as extended to Jersey.

Extension of the 2015 Act to Jersey

13

• (1) Each of the provisions of the 2015 Act specified in column 1 of Schedule 11 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 11A to this Order sets out the provisions of the 2015 Act as extended to Jersey.

Extension of the 2016 Act to Jersey

14

• (1) Each of the provisions of the 2016 Act specified in column 1 of Schedule 12 to this Order is extended to Jersey with the modifications (if any) specified in column 2 of the Schedule.

• (2) Where a provision specified in column 1 has been amended, substituted or inserted by other provisions, the reference in column 1 is to the provision as amended, substituted or inserted by the other provisions specified in column 1 in relation to the provision extended.

• (3) Schedule 12A to this Order sets out the provisions of the 2016 Act as extended to Jersey.

Revocation of existing Orders

15

• (1) The following Orders are revoked—

• (a) Immigration (Jersey) Order 1993[^f00021];

• (b) Asylum and Immigration Act 1996 (Jersey) Order 1998[^f00022];

• (c) Immigration and Asylum Act 1999 (Jersey) Order 2003[^f00023];

• (d) The Immigration (Jersey) Order 2012[^f00024];

• (e) The Immigration and Asylum (Jersey) Order 2012[^f00025];

• (f) The Immigration (Jersey) Order 2015[^f00026];

• (g) The Immigration (Jersey) Order 2016[^f00027];

• (h) The Immigration (Jersey) (Amendment) Order 2017[^f00028];

• (i) The Counter-Terrorism and Security (Jersey) Order2017[^f00029];

• (j) The Immigration (Biometric Registration) (Jersey) Order 2018[^f00030];

• (k) The Immigration (Biometric Information) (Jersey) Order 2018[^f00031];

• (l) The Immigration (EU Withdrawal) (Jersey) Order 2020[^f00032] (“the 2020 Order”) (subject to paragraph (2)).

• (2) The Minister may make provision by Order under section 5 of the 2020 Act, as extended to Jersey by the 2020 Order, as though the 2020 Order had not been revoked; and—

• (a) any provision made under the said section 5, as so extended, before the coming into force of this Order shall remain in force until amended or revoked;

• (b) references in the said section 5, as so extended, to provision made on or before the appointed day shall include provision extended by this Order.

Transitional and saving provisions

16

• (1) Anything done under or for the purposes of an Act extended to Jersey by the Orders revoked by article 15(1) shall, in so far as any corresponding action could be taken under or for the purposes of an Act extended to Jersey by this Order, have effect as if done by way of action so taken, and in relation to anything so done the Act extended to Jersey by this Order shall apply accordingly.

• (2) For the purpose of paragraph (3) a “relevant Order” is an Order that was—

• (a) made under an Act extended to Jersey by an Order revoked by article 15(1); and

• (b) in force immediately before the commencement of this Order.

• (3) A relevant Order is to be treated as if it is made by the Minister under the Act extended to Jersey by this Order and shall remain in force until revoked or replaced by an Order under the said Act.

• (4) Paragraph (5) applies to any provision of Regulations or an Act of the States that was—

• (a) made by under an Act extended to Jersey by an Order revoked by article 15(1); and

• (b) in force immediately before the commencement of this Order.

• (5) A provision to which this paragraph applies is to be treated as if made by the States of Jersey under the relevant Act as extended by this Order and shall remain in force until revoked or replaced by Regulations or an Act of the States, as the case may be, under the said Act.

• (6) Rules made by the Minister under section 1(4) of the 1971 Act as extended to Jersey by an Order revoked by article 15(1) and in force immediately before the commencement of this Order, are to be treated as if made by the Minister as an Order under section 1(5) of the 1971 Act as extended to Jersey by this Order and shall remain in force until revoked or replaced by an Order under the said section.

• (7) Paragraph (8) applies to the following directions issued under an Act extended to Jersey by an Order revoked by article 15(1)—

• (a) the Immigration (Leave to Enter and Remain) Directions 2017[^f00033];

• (b) the Immigration (Landing and Embarkation Cards) Directions 2017[^f00034];

• (c) the Immigration (Passenger, Crew and Service Information) (Jersey) Directions 2017[^f00035];

• (d) the Immigration (Form and Manner of Passenger Information) (Jersey) Directions 2019[^f00036]; and

• (e) the immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020[^f00037].

• (8) Directions to which this paragraph applies take effect on the commencement of this Order as if made by the Minister as an Order under the provision of the Act that corresponds to the provision under which the direction was issued, and remain in force until revoked or replaced by an Order under that provision.

• (9) The Minister may by Order make such other transitional or saving provision as the Minister thinks appropriate in connection with the commencement of—

• (a) this Order; and

• (b) any provision extended to Jersey by this Order.

• (10) An Order under paragraph (9) may amend an enactment.

SCHEDULE 1 — Extension and modification of the Immigration Act 1971