The Isle of Jersey has its own immigration rules. These rules are loosely based on the UK Immigration Rules but there are some important differences.
The types of family visas for Jersey are the same as for the UK:
- Spouse or partner visa
- Fiancé or proposed civil partner visa
- Parent of a child
- Adult dependent relative
The main advantage of the Jersey Immigration rules
Although the visa fee is the same as for other parts of the UK, there is no Immigration Health Surcharge and a family visa to Jersey offers a saving of over £5000 over the five-year period.
Unlike the UK Immigration Rules, Jersey appendix FM does not have the minimum income requirement. Instead, you have to demonstrate that you will be able to accommodate and maintain the applicant without recourse to public funds.
This requirement is not as prescriptive as the minimum salary requirement, yet you will have to make out a case that available income will suffice for the joining family members. Since the requirement is less prescriptive and does not exclude guaranteed income of the non-British partner, you have more flexibility in the choice of the sources of income and potentially, third party support.
Adequate maintenance funds
Adequate maintenance funds are assessed in respect of net income (i.e. after deduction of taxes and national insurance contributions) minus housing costs and comparing it to the level of Income Support or an equivalent benefit for the family.
Adequate accommodation requirement
For all family visas, you will have to show that adequate accommodation is available on the Isle of Jersey. Adequate means that it will not be considered overcrowded.
Accommodation can be shared with other people but you have to have a private room. You can rely on a room or rooms in a shared house or flat. You can share one room with your partner as long as it is classed as a double bedroom. Children will need additional space. A child will need their own bedroom and two children of the same sex can share a bedroom. Children of opposite sexes cannot share a bedroom after the age of 11.
You will need a title deed for the property to prove ownership or a tenancy agreement if you are renting accommodation. You may also rely on a letter from the landlord supported by evidence of payment of rent.
Who can act as the sponsor for the partner or fiancé visa for Jersey
In order to sponsor your partner for the Isle of Jersey you have to be resident in Jersey and be a British or Irish citizen or either hold indefinite leave to remain in the UK or have a pre-settled or settled status under the EU settlement scheme.
Applying with children from a previous relationship
If you are applying with a child from a previous relationship, your will have to show that you have sole responsibility for the upbringing of the child. The child has to be under the age of 18 at the time of the first application and not lead an independent life.
English language requirement
The language requirement is the same as for the rest of the UK – A1 in speaking and listening in the first application, A2 – in the second application, and B1 and Knowledge of Life in the UK for the application for indefinite leave to remain.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
