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[1]
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;
“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” has
the meaning given in Article 2 of the Immigration (Jersey) Order 1993;
“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;
“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 an Irish citizen) 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 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).[2]
(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, 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).[3]
(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
(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 –
(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 paragraph (2), 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]
(2) The listed countries
are –
(a) India;
(b) the
People’s Republic of China.[5]
4 Restrictions
and conditions
(1) Subject to paragraphs (2),
(2A) and (2B), 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,
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.[6]
(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.
(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.[7]
(2B) This Article does not apply to a
person to whom Article 4A applies.[8]
(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 6 months
from the date on which he or she first entered Jersey; and
(b) the
person must not engage in any occupation or employment except an exempt work
activity, for which the person may receive a permitted payment.[9]
(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(1)(d); and
(b) the
person must not engage in any occupation or employment except an exempt work activity,
for which the person may receive a permitted payment.[10]
(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 2 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.[11]
(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.[12]
4A Permitted
paid engagement[13]
(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.
5 Citation
This Order may be cited as the Immigration (Control of Entry Through
Republic of Ireland) (Jersey) Order 2018.