The Immigration (Jersey) Order 2021

PART I U.K. REGULATION AND ENTRY INTO AND STAY IN JERSEY

Commencement Information

I1 Sch. 1A Pt. I comes into force in accordance with art. 1(1)

General Principles
1.—(1) All those who are in this Act expressed to have the right of abode in Jersey shall be free to live in, and to come and go into and from, Jersey without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person. (2) Those not having that right may live, work and settle in Jersey by permission and subject to such regulation and control of their entry into, stay in and departure from Jersey as is imposed by this Act; and indefinite leave to enter or remain in Jersey shall, by virtue of this provision, be treated as having been given under this Act to those in Jersey at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain). (3) Arrival in and departure from Jersey on a local journey from or to the United Kingdom, Guernsey, the Isle of Man or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter Jersey on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act Jersey and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”. (4) The rules laid down by the Minister as to the practice to be followed in the administration of this Act for regulating the entry into and stay in Jersey of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering Jersey. (5) The Minister may by Order regulate the taking of employment by persons not having the right of abode who are given leave to enter Jersey. (6) Before making an Order under subsection (5) the Minister must consult the Chief Minister.
Statement of right of abode in Jersey.
2.—(1) A person is under this Act to have the right of abode in Jersey if— (a) he is a British citizen; or (b) he is a Commonwealth citizen who— (i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in Jersey by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and (ii) has not ceased to be a Commonwealth citizen in the meanwhile. (2) In relation to Commonwealth citizens who have the right of abode in Jersey by virtue of subsection (1)(b) above, this Act, except this section, section 5(2) and section 25, shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.
Deprivation of right of abode
2A.—(1) The Minister may by order remove from a specified person a right of abode in Jersey which he has under section 2(1)(b). (2) The Minister may make an order under subsection (1) in respect of a person only if the Minister thinks that it would be conducive to the public good for the person to be excluded or removed from Jersey. (3) An order under subsection (1) may be revoked by order of the Minister. (4) While an order under subsection (1) has effect in relation to a person– (a) section 2(2) shall not apply to him, and (b) any certificate of entitlement granted to him shall have no effect.
General provisions for regulation and control. 3.—(1) Except as otherwise provided by or under this Act, where a person is not a British citizen – (a) he shall not enter Jersey unless given leave to do so in accordance with the provisions of, or made under, this Act; (b) he may be given leave to enter Jersey (or, when already there, leave to remain in Jersey) either for a limited or for an indefinite period; (c) if he is given limited leave to enter or remain in Jersey, it may be given subject to all or any of the following conditions, namely— (i) a condition restricting his work or occupation in Jersey; (ia) a condition restricting his studies in Jersey; (ii) a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; (iii) a condition requiring him to register with the police; (iv) a condition requiring him to report to an immigration officer or the Minister; and (v) a condition about residence. (2) The Minister shall from time to time (and as soon as may be) present to the States statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in Jersey of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality). If a statement presented to the States under this subsection is disapproved by resolution passed at the sitting at which it is so presented or at the next following sitting of the States then the Minister shall make changes or further changes in the rules as appear to him to be required in the circumstances and the statement of those changes shall be presented to the States as soon as practicable after the said resolution was passed. (3) In the case of a limited leave to enter or remain in Jersey,— (a) a person’s leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and (b) the limitation on and any conditions attached to a person’s leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from Jersey within the period limited for the duration of the earlier leave. (4) A person’s leave to enter or remain in Jersey shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to Jersey in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply. (5) A person who is not a British citizen is liable to deportation from Jersey if— (a) the Minister deems his deportation to be conducive to the public good; or (b) another person to whose family he belongs is or has been ordered to be deported. (6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from Jersey if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so. (7) Where it appears to Her Majesty proper so to do by reason of restrictions or conditions imposed on British citizens, British overseas territories citizens or British Overseas citizens when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not British citizens from embarking in Jersey, or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in Jersey; and Her Majesty may also make provision by Order in Council to enable those who are not British citizens to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition. (8) When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is. (9) A person seeking to enter Jersey and claiming to have the right of abode there shall prove it by means of– (a) a United Kingdom passport describing him as a British citizen, (b) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or (c) a certificate of entitlement.
Irish citizens.
3ZA.—(1) An Irish citizen does not require leave to enter or remain Jersey, unless subsection (2), (3) or (4) applies to that citizen. (2) This subsection applies to an Irish citizen if the Irish citizen is subject to a deportation order made under section 5(1). (3) This subsection applies to an Irish citizen if— (a) the Minister has issued directions for the Irish citizen not to be given entry to Jersey on the ground that the Irish citizen’s exclusion is conducive to the public good, (b) Minister has given the Irish citizen notice of the directions, and (c) the directions have not been withdrawn. (4) This subsection applies to an Irish citizen if the Irish citizen is an excluded person for the purposes of section 8B (persons excluded under international obligations etc). (5) Where subsection (2), (3) or (4) applies to an Irish citizen, section 1(3) does not permit the Irish citizen to enter Jersey without leave on arriving Jersey on a local journey from any place in the common travel area.
Further provision as to leave to enter.
3A.—(1) The Minister may by Order make further provision with respect to the giving, refusing or varying of leave to enter Jersey. (2) An Order under subsection (1) may, in particular, provide for— (a) leave to be given or refused before the person concerned arrives in Jersey; (b) the form or manner in which leave may be given, refused or varied; (c) the imposition of conditions; (d) a person’s leave to enter not to lapse on his leaving the common travel area. (3) The Minister may by Order provide that, in such circumstances as may be prescribed— (a) an entry visa, or (b) such other form of entry clearance as may be prescribed, is to have effect as leave to enter Jersey. (4) An Order under subsection (3) may, in particular— (a) provide for a clearance to have effect as leave to enter— (i) on a prescribed number of occasions during the period for which the clearance has effect; (ii) on an unlimited number of occasions during that period; (iii) subject to prescribed conditions; and (b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Minister or an immigration officer so that it ceases to have that effect. (5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed. (6) In subsections (3), (4) and (5) “prescribed” means prescribed in an Order made under subsection (3). (7) The Minister may, in such circumstances as may be prescribed in an Order made by him, give or refuse leave to enter Jersey. (8) An Order under subsection (7) may provide that, in such circumstances as may be prescribed by the Order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Minister of functions which he has as a result of the Order, as if references to an immigration officer included references to the Minister. (9) Subsection (8) is not to be read as affecting any power conferred by subsection (10). (10) An Order under this section may— (a) contain such incidental, supplemental, consequential and transitional provision as the Minister considers appropriate; and (b) make different provision for different cases. (11) This Act and any provision made under it has effect subject to any Order made under this section.
Further provision as to leave to remain.
3B.—(1) The Minister may by Order make further provision with respect to the giving, refusing or varying of leave to remain in Jersey. (2) An Order under subsection (1) may, in particular, provide for— (a) the form or manner in which leave may be given, refused or varied; (b) the imposition of conditions; (c) a person’s leave to remain in Jersey not to lapse on his leaving the common travel area. (3) An Order under this section may— (a) contain such incidental, supplemental, consequential and transitional provision as the Minister considers appropriate; and (b) make different provision for different cases. (4) This Act and any provision made under it has effect subject to any Order made under this section.
Continuation of leave pending variation decision.
3C.—(1) This section applies if— (a) a person who has limited leave to enter or remain in Jersey applies to the Minister for variation of the leave, (b) the application for variation is made before the leave expires, and (c) the leave expires without the application for variation having been decided. (2) The leave is extended by virtue of this section during any period when— (a) the application for variation is neither decided nor withdrawn, or (b) an administrative review of the decision on the application for variation— (i) could be sought, or (ii) is pending. (3) Leave extended by virtue of this section shall lapse if the applicant leaves Jersey. (3A) Leave extended by virtue of this section may be cancelled if the applicant— (a) has failed to comply with a condition attached to the leave, or (b) has used or uses deception in seeking leave to remain (whether successfully or not). (4) A person may not make an application for variation of his leave to enter or remain in Jersey while that leave is extended by virtue of this section. (5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a). (6) The Minister may make Orders determining when an application is decided for the purposes of this section; and such an Order– (a) may make provision by reference to receipt of a notice, (b) may provide for a notice to be treated as having been received in specified circumstances, and (c) may make different provision for different purposes or circumstances. (7) In this section— “administrative review” means a review conducted under the immigration rules; the question of whether an administrative review is pending is to be determined in accordance with the immigration rules.
Administration of control.
4.—(1) The power under this Act to give or refuse leave to enter Jersey shall be exercised by immigration officers, and the power to give leave to remain in Jersey, or to vary any leave under section 3(3)(a) (whether as regards duration or conditions) or to cancel any leave under section 3C(3A), shall be exercised by the Minister; and, unless otherwise allowed by or under this Act, those powers shall be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by Order. (2) The provisions of Schedule 2 to this Act shall have effect with respect to— (a) the appointment and powers of immigration officers and medical inspectors for purposes of this Act; (b) the examination of persons arriving in or leaving Jersey by ship or aircraft , and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and (c) the exercise by immigration officers of their powers in relation to entry into Jersey, and the removal from Jersey of persons refused leave to enter or entering or remaining unlawfully; and (d) the detention of persons pending examination or pending removal from Jersey; and for other purposes supplementary to the foregoing provisions of this Act. (3) The Minister may by Order make provision as to the effect of a condition under this Act requiring a person to register; and such Order may include provision— (a) as to the body or person by whom registers are to be maintained, and as to the form and content of the registers; (b) as to the body or person with whom and as to the place and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances; (c) as to the issue of certificates of registration and as to the payment of fees for certificates of registration; and the Order may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the Order. (4) The Minister may by Order make such provision as appears to him to be expedient in connection with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether British citizens or not) who stay at any such premises to supply the necessary information.
Procedure for, and further provisions as to, deportation.
5.—(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Minister may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering Jersey; and a deportation order against a person shall invalidate any leave to enter or remain in Jersey given him before the order is made or while it is in force. (2) A deportation order against a person may at any time be revoked by a further order of the Minister, and shall cease to have effect if he becomes a British citizen. (3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left Jersey after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect. (4) For the purposes of deportation the following shall be those who are regarded as belonging to another person’s family— (a) where that other person is a man, his wife or civil partner, and his or her children under the age of eighteen; and (b) where that other person is a woman, her husband or civil partner, and her or his children under the age of eighteen, and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and “wife” includes each of two or more wives. (5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from Jersey of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation. (6) Where a person is liable to deportation under section 3(5) or (6) above but, without a deportation order being made against him, leaves Jersey to live permanently abroad, the Minister may make payments of such amounts as he may determine to meet that person’s expenses in so leaving Jersey, including travelling expenses for members of his family or household.
Recommendations by court for deportation.
6.—(1) Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court. (2) A court shall not recommend a person for deportation unless he has been given not less than seven days’ notice in writing stating that a person is not liable to deportation if he is a British citizen, describing the persons who are British citizens and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of a court to adjourn shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse. (3) For purposes of section 3(6) above— (a) a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and (b) the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or persons who have not previously been sentenced to imprisonment; and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly. (4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life. (5) Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence. (6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal.
Exemption from deportation for certain existing residents.
7.—(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in Jersey— (a) shall not be liable to deportation under section 3(5) if at the time of the Minister’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands; (b) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands. (2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws. (3) The “last five years” before the material time under subsection (1)(a) or (b) above is to be taken as a period amounting in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more. (4) For purposes of subsection (3) above— (a) “sentence” includes any order made on conviction of an offence; and (b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and (c) a person shall be deemed to be detained by virtue of a sentence— (i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and (ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced. In paragraph (c)(ii) above “relevant enactment” means the Criminal Procedure (Jersey) Rules 2021 and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands. (5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
Exceptions for seamen, aircrews and other special cases.
8.—(1) Where a person arrives at a place in Jersey as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either— (a) there is in force a deportation order made against him; or (b) he has at any time been refused leave to enter Jersey and has not since then been given leave to enter or remain in Jersey; or (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act; he may without leave enter Jersey at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave. (2) The Minister may order that any person or class of persons be exempt, either unconditionally or subject to such conditions as the Minister may impose, from all or any of the provisions of this Act relating to those who are not British citizens. An exemption under this section with respect to a class of persons must be made by Order to which Article 11 of the Legislation (Jersey) Law 2021 shall apply. (3) Subject to subsection (3A) below, the provisions of this Act relating to those who are not British citizens shall not apply to any person so long as he is a member of a mission (within the meaning of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled to the like immunity from jurisdiction as is conferred by that Law on a diplomatic agent. (3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1998 Law) is not to count as a member of a mission unless— (a) he was resident outside Jersey, and was not in Jersey, when he was offered a post as such a member; and (b) he has not ceased to be such a member after having taken up the post. (4) The provisions of this Act relating to those who are not British citizens, other than the provisions relating to deportation, shall also not apply to any person who falls within Article 3(3) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017. (5) Where a person having a limited leave to enter or remain in Jersey becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired or otherwise ceased to be in force; and a person is not to be regarded for purposes of this Act as having been settled in Jersey at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or ordered under subsection (2) above. (5A) An exemption ordered under subsection (2) above may, as regards any person or class of persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the order) as settled in Jersey for the purposes of section 1(1) of the British Nationality Act 1981.
Persons ceasing to be exempt.
8A.—(1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3). (2) If a person who is exempt— (a) ceases to be exempt, and (b) requires leave to enter or remain in Jersey as a result, he is to be treated as if he had been given leave to remain in Jersey for a period of 90 days beginning on the day on which he ceased to be exempt. (3) If— (a) a person who is exempt ceases to be exempt, and (b) there is in force in respect of him leave for him to enter or remain in Jersey which expires before the end of the period mentioned in subsection (2), his leave is to be treated as expiring at the end of that period. (4) References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).
Persons excluded from Jersey under certain instruments.
8B.—(1) An excluded person must be refused— (a) leave to enter Jersey; (b) leave to remain in Jersey, (and any leave given to a person who is an excluded person is invalid). (2) A person’s leave to enter or remain in Jersey is cancelled on his becoming an excluded person. (3) Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person. (4) “Excluded person” means— (a) a person named by or under, or of a description specified in, an instrument falling within subsection (5), or (b) a person who is an excluded person in accordance with a provision falling within subsection (A5). (5) An instrument falls within this subsection if it is a resolution of the Security Council of the United Nations and it— (a) requires that a person is not to be admitted to Jersey (however that requirement is expressed); or (b) recommends that a person should not be admitted to Jersey (however that recommendation is expressed). (A5) A provision falls within this subsection if it is a provision of an Order under Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 under which a person is an excluded person for the purposes of this section. (5A) Subsection (1), (2) or (3) does not apply to a person if— (a) the application of that subsection to that person would be contrary to the obligations by which Jersey is bound under— (i) the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or (ii) the Refugee Convention (within the meaning given by that provision), or (b) the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1), (2) or (3), as the case may be, under a process applying by virtue of the instrument falling within subsection (5). (5B) In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, a provision falling within subsection (A5).
Further provisions as to common travel area.
9.—(1) Schedule 4 to this Act shall have effect for the purpose of taking account in Jersey of the operation in the United Kingdom, Guernsey or the Isle of Man of the immigration laws there. (2) Persons who lawfully enter Jersey on a local journey from a place in the common travel area after having either— (a) entered the United Kingdom, Guernsey or the Isle of Man or the Republic of Ireland on coming from a place outside the common travel area; or (b) left Jersey while having a limited leave to enter or remain which has since expired; if they are not British citizens or Irish citizens (and are not to be regarded under Schedule 4 to this Act as having leave to enter Jersey), shall be subject in Jersey to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register as provided under section 4(3) above or both, as may be imposed by an Order of the Minister and may be applicable to them. (3) Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an Order under subsection (2) above as if the provisions of the Order applicable to him were terms on which he had been given leave under this Act to enter Jersey. (4) Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not a British citizen or an Irish citizen may not by virtue of section 1(3) enter Jersey without leave on a local journey from a place in the common travel area if either— (a) he is on arrival in Jersey given notice by an immigration officer stating that, the Minister having issued directions for him not to be given entry to Jersey on the ground that his exclusion is conducive to the public good, he is accordingly refused leave to enter Jersey; or (b) he has at any time been refused leave to enter Jersey and has not since then been given leave to enter or remain in Jersey. (5) The Minister may by Order exclude Guernsey or the Isle of Man from section 1(3) above for such purposes as may be specified in the Order where, by reason of differences between the immigration laws of the United Kingdom and the relevant island, the Secretary of State has done so, and references in this Act to the Islands shall apply to the island so excluded so far only as is provided by the Order. (6) The Minister shall also have power by Order to exclude the Republic of Ireland from section 1(3) for such purposes as may be specified in the Order.
Construction of references to entry, and other phrases relating to travel.
11.—(1) A person arriving in Jersey by ship or aircraft shall for purposes of this Act be deemed not to enter Jersey unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter Jersey so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered Jersey shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act or section 62 of the Nationality, Immigration and Asylum Act 2002. (2) In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above – (a) references to disembarking in Jersey do not apply to disembarking after a local journey from a place in Jersey or elsewhere in the common travel area; and (b) references to embarking in Jersey do not apply to embarking for a local journey to a place in Jersey or elsewhere in the common travel area. (3) Except in so far as the context otherwise requires, references in this Act to arriving in Jersey by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship. (4) For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which— (a) in the case of a journey to a place in Jersey, began its voyage from, or has during its voyage called at, a place not in the common travel area; or (b) in the case of a journey from a place in Jersey, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area. (5) A person who enters Jersey lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter Jersey.