The Immigration (Jersey) Order 2021

Section 9

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

Commencement Information

I1 Sch. 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.