Legislation – The Immigration (Jersey) Order 2021

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Introduction

1 Citation, commencement and interpretation

2 Enabling powers

3 Extension of the 1971 Act to Jersey

4 Extension of the 1988 Act to Jersey

5 Extension of the 1993 Act to Jersey

6 Extension of the 1999 Act to Jersey

7 Extension of the 2002 Act to Jersey

8 Extension of the 2004 Act to Jersey

9 Extension of the 2006 Act to Jersey

10 Extension of the 2007 Act to Jersey

11 Extension of the 2009 Act to Jersey

12 Extension of the 2014 Act to Jersey

13 Extension of the 2015 Act to Jersey

14 Extension of the 2016 Act to Jersey

15 Revocation of existing Orders

16 Transitional and saving provisions

SCHEDULES

SCHEDULE 1 Extension and modification of the Immigration Act 1971

SCHEDULE 1A Provisions of the Immigration Act 1971 as extended to Jersey

SCHEDULE 2 ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY ETC.

SCHEDULE 3 SUPPLEMENTARY PROVISIONS AS TO DEPORTATION

SCHEDULE 4 INTEGRATION WITH JERSEY LAW OF IMMIGRATION LAWS OF THE UNITED KINGDOM, GUERNSEY AND THE ISLE OF MAN

SCHEDULE 4A ENFORCEMENT POWERS IN RELATION TO SHIPS

SCHEDULE 2 Extension and modification of the Immigration Act 1988

SCHEDULE 2A Provisions of the Immigration Act 1988 as extended to Jersey

SCHEDULE 3 Extension and modification of the Asylum and Immigration Appeals Act 1993

SCHEDULE 3A Provisions of the Asylum and Immigration Appeals Act 1993 as extended to Jersey

SCHEDULE 4 Extension and modification of the Immigration and Asylum Act 1999

SCHEDULE 4A Provisions of the Immigration and Asylum Act 1999 as extended to Jersey

SCHEDULE 1 SALE OF TRANSPORTERS

SCHEDULE 15 TRANSITIONAL PROVISIONS AND SAVINGS

SCHEDULE 5 Extension and modification of the Nationality, Immigration and Asylum Act 2002

SCHEDULE 5A Provisions of the Nationality, Immigration and Asylum Act 2002 as extended to Jersey

SCHEDULE 6 Extension and modification of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

SCHEDULE 6A Provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as extended to Jersey

SCHEDULE 3 REMOVAL OF ASYLUM SEEKER TO SAFE COUNTRY

SCHEDULE 7 Immigration, Asylum and Nationality Act 2006

SCHEDULE 7A Provisions of the Immigration, Asylum and Nationality Act 2006 as extended to Jersey

SCHEDULE 8 UK Borders Act 2007

SCHEDULE 8A Provisions of the UK Borders Act 2007 as extended to Jersey

SCHEDULE 9 Borders, Citizenship and Immigration Act 2009

SCHEDULE 9A Provisions of the Borders, Citizenship and Immigration Act 2009 as extended to Jersey

SCHEDULE 10 Immigration Act 2014

SCHEDULE 10A Provisions of the Immigration Act 2014 as extended to Jersey

SCHEDULE 11 Counter-Terrorism and Security Act 2015

SCHEDULE 11A Provisions of the Counter-Terrorism and Security Act 2015 as extended to Jersey

SCHEDULE 1 SEIZURE OF PASSPORTS ETC FROM PERSONS SUSPECTED OF INVOLVEMENT IN TERRORISM

SCHEDULE 2 URGENT TEMPORARY EXCLUSION ORDERS: REFERENCE TO THE COURT ETC

SCHEDULE 3 TEMPORARY EXCLUSION ORDERS: PROCEEDINGS

SCHEDULE 4 TEMPORARY EXCLUSION ORDERS: APPEALS AGAINST CONVICTIONS

SCHEDULE 12 Immigration Act 2016

SCHEDULE 12A Provisions of the Immigration Act 2016 as extended to Jersey

Signature

Explanatory note

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SCHEDULE 4INTEGRATION WITH JERSEY LAW OF IMMIGRATION LAWS OF THE UNITED KINGDOM, GUERNSEY AND THE ISLE OF MAN

Section 9

Annotations:
Commencement Information

I1Sch. 4n1 comes into force in accordance with art. 1(1)

Leave to enter

1.—(1) Where under the immigration laws of any of the United Kingdom, Guernsey or the Isle of Man a person is or has been given leave to enter or remain in the island or, as the case may be, the United Kingdom, or is or has been refused leave, this Act shall have effect in relation to him, if he is not a British citizen or an Irish citizen, as if the leave were leave (of like duration) given under this Act to enter or remain in Jersey, or, as the case may be, as if he had under this Act been refused leave to enter Jersey.

(2) Where under the immigration laws of the United Kingdom, Guernsey or the Isle of Man a person has a limited leave to enter or remain in the island or, as the case may be, the United Kingdom subject to any such conditions as are authorised in Jersey by section 3(1) of this Act (being conditions imposed by notice given to him, whether the notice of leave or a subsequent notice), then on his coming to Jersey this Act shall apply, if he is not a British citizen or an Irish citizen, as if those conditions related to his stay in Jersey and had been imposed by notice under this Act; and for the purposes of this sub-paragraph a condition requiring a person to register with the police or any other body or person shall be treated as a condition requiring him to register under section 4(3) of this Act.

(3) Without prejudice to the generality of sub-paragraphs (1) and (2) above, anything having effect in Jersey by virtue of either of those sub-paragraphs may in relation to Jersey be varied or revoked under this Act in like manner, and subject to the like appeal (if any) or right of review, as if it had originated under this Act as mentioned in that sub-paragraph.

(4) Where anything having effect in Jersey by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by anything done under this Act, sub-paragraph (1) or (2) shall not thereafter apply to it or, as the case may be, shall apply to it as so altered in effect.

(5) Nothing in this paragraph shall be taken as conferring on a person a right of appeal against or of review of any decision or action taken in the United Kingdom, Guernsey or the Isle of Man.

2. Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in Jersey shall not continue to apply on his return to Jersey after an absence if he has during that absence entered the United Kingdom, Guernsey or the Isle of Man in circumstances in which he is required under the immigration laws of the United Kingdom or, as the case may be, of Guernsey or the Isle of Man, to obtain leave to enter.

Deportation

3.—(1) Subject to sub-paragraph (2) below, where under the immigration laws of the United Kingdom, Guernsey or the Isle of Man, a person is or has been ordered to leave the United Kingdom or, as the case may be, Guernsey or the Isle of Man, and forbidden to return, then, if he is not a British Citizen or an Irish citizen, this Act shall have effect in relation to him as if the order were a deportation order made against him under this Act.

(2) The Minister shall not by virtue of sub-paragraph (1) above have power to revoke a deportation order made in the United Kingdom, Guernsey or the Isle of Man, but may in any particular case direct that sub-paragraph (1) shall not apply in relation to an order so made; and nothing in this paragraph shall render it unlawful for a person in respect of whom such an order is in force in the United Kingdom, Guernsey or the Isle of Man to enter Jersey on his way from the United Kingdom or, as the case may be, Guernsey or the Isle of Man, to a place outside Jersey.

Illegal entrants

4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not a British citizen or an Irish citizen to enter Jersey from any of the United Kingdom, Guernsey or the Isle of Man where his presence was unlawful under the immigration laws of the United Kingdom or, as the case may be, of Guernsey or the Isle of Man, unless he is given leave to enter.