Skip to main content

Extension of eligibility criteria for election candidates

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

STATES OF JERSEY

EXTENSION OF ELIGIBILITY CRITERIA FOR ELECTION CANDIDATES

Lodged au Greffe on 11th March 2025 by Deputy C.S. Alves of St. Helier Central Earliest date for debate: 1st April 2025

STATES GREFFE

2025  P.20

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Privileges and Procedures Committee to bring forward all necessary legislative amendments in time for the General Election in 2026 to extend the criteria for qualification to stand for, and be elected to, the States of Jersey to include any individual who is not a British citizen, provided that they have –

  1. met the conditions for permanent Entitled status under the Control of Housing  and  Work  (Residential  and  Employment  Status)  (Jersey) Regulations 2013; and
  2. passed the Knowledge of Life (Citizenship Test).

DEPUTY C.S. ALVES OF ST. HELIER CENTRAL

REPORT

Background

The eligibility criteria for election candidates have been the subject of numerous debates in the States Assembly in recent years but there has been an on-going reluctance to extend the criteria to allow the election of non-British citizens.

It is important to accept that the characteristics of Jersey's population have changed and Chapter 3 of the 2021 Census illustrates the diversity of the Island's residents. The time has come for this diversity to be reflected in the Island's elected parliament and for it to be truly representative of the diverse and wider Jersey community.

It is not my intention to revisit points raised in previous propositions or debates, but to move forward with a constructive proposition to allow individuals who have shown a commitment to Jersey to become involved in the making of laws, the determining of taxes and holding the Government to account.

Permanent Entitled Status

A person's residential and employment status in Jersey as identified in  Control of Housing and Work (Jersey) Law 2012 is determined by satisfying the conditions for that status Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 ("the Regulations").

This proposition seeks to extend the eligibility criteria to include a person who holds permanent Entitled status as referred to under the Regulations. For the avoidance of doubt, once a person has gained permanent Entitled status it cannot be lost.

The table below is taken from Residential and employment statuses and what they mean on the gov.je website and details the conditions necessary to obtain this status.

 

Circumstances

Gaining Entitled status

Losing Entitled status

I was born in Jersey

You must live in Jersey for a combined period of 10 years

Once  you  gain  your  status,  it's permanent

I wasn't born in Jersey

You must live in Jersey for a continuous period of 10 years

You'll keep your status as long as the total  amount  of  time  you  spend living away from Jersey is not more than 5 years

 

 

You'll  gain  permanent  status  if you've lived in Jersey continuously for 30 years up to the date that you make an application for a registration card

I  wasn't  born  in  Jersey, but  moved  here  before  I was  20  and  have  an Entitled parent

You must live in Jersey for a combined period of 10 years before you're 40

Once  you  gain  your  status,  it's permanent

I wasn't born in Jersey but moved here before I was 16

You must live in Jersey for a continuous period of 10 years

Once  you  gain  your  status,  it's permanent

Page - 3

P.20/2025

The four different circumstances shown all involve specific, and in some cases lengthy, periods of residence in the Island to acquire permanent Entitled status.

The Knowledge of Life (Citizenship Test)

Part (ii) of the proposition requires a person to have passed the Knowledge of Life (Citizenship Test) which can be taken at Highlands College at a cost of £62. There are 18 questions based on a book about the United Kingdom and 6 questions about Jersey based on the Jersey Supplement. The latter covers a number of topics including a history of Jersey, a profile of Jersey today and how Jersey is governed.

This test is a requirement for those wishing to apply for naturalisation to become a British citizen. Once successfully completed, persons can apply to become a British Citizen. The cost of the above test is substantially lower than the cost of applying for which is currently shown to be £1,500 on the gov.je at Immigration and nationality fees.

This proposition is not seeking to remove British citizenship as part of the eligibility criteria, which has been of concern in previous debates. Instead, it offers additional criteria to enable a wider selection of candidates to stand for election and allow those who have shown a commitment to Jersey to be involved in the running of decision- making processes of the Island.

Financial and staffing implications

Financial and staffing implications  would be limited to Legislative  Drafting time relating to the inclusion of clauses.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.