“Perpetual student” loophole closed

Thursday 24 January 2019

Changes have been made to the immigration rules preventing a non-European from becoming a “perpetual student” in order to get residence qualifications.

The Minister for Home Affairs, Constable Len Norman, signed off the law changes this month to ensure that those who come to Jersey to gain qualifications are not able to stay indefinitely.

The law now stipulates that those wanting to study in Jersey cannot enrol on a course here if they have previously been a full-time student in the UK or elsewhere in the Channel Islands in the last five years.

A report outlining the Minister's decision reads: “At present, the [Immigration] rules… do not set a limit for the total period of time that a person can spend on a degree course in the United Kingdom and the islands. The changes… rectify this position.”

A spokesperson for the States further clarified the rationale behind the changes to Express: “The rationale in this respect is to ensure that we avoid scenarios where a person becomes a ‘perpetual student’ and uses such an approach to accrue residence to qualify for indefinite leave to remain via the 10 year route.” 

At present, the Immigration Rules only apply to nationals from outside the European Economic Area (EEA).

Pictured: Home Affairs Minister Constable Len Norman has signed off on the changes to the Immigration Rules.

“As a matter of course, the Immigration Rules wouldn’t allow for a non-EEA national who has completed a degree in the UK to then enrol on another programme in Jersey. In exceptional circumstances, and where it can be clearly demonstrated that the concerns around someone becoming a ‘perpetual student’ didn’t apply, the Minister for Home Affairs could exercise some discretion,” the spokesperson explained. 

In the same decision, Constable Norman also ruled that students who come to Jersey for further education will be permitted to work either on a placement as part of the course, or to get a job whilst they’re studying.

Therefore, those “who are on a recognised course of no longer that five years duration” will now be allowed to work and study at the same time. The decision states that foreign students can “take employment during term time of no more than 20 hours per week and employment (of any duration) during vacations where the student is following a full-time degree course in Jersey."

These changes were brought into effect last week when the decision was signed off by the Minister.