The Immigration (Electronic Travel Authorisations) (Jersey) Order 2025
This Order, made by His Majesty in Council, extends Section 75 of the UK's Nationality and Borders Act 2022 to the Bailiwick of Jersey, thereby establishing the requirement for individuals to possess an Electronic Travel Authorisation (ETA) for travel to Jersey, subject to specific modifications detailed in Schedule 1.
The legislation grants the Jersey Minister for Justice and Home Affairs powers to make subordinate orders concerning the effects of ETAs granted elsewhere (e.g., by the UK), and to arrange for the UK Secretary of State to perform administrative functions related to ETA granting in Jersey.
Arguments For
Establishes a formal legal framework for implementing Electronic Travel Authorisations (ETAs) for travel to Jersey, aligning border security measures with the UK.
Enables the Jersey Minister for Justice and Home Affairs to make specific orders concerning ETAs issued by the UK or other Islands, ensuring coordinated immigration policy across jurisdictions.
Allows the Jersey Minister to delegate specific ETA granting functions to the UK Secretary of State via arrangement, streamlining processing and leveraging existing UK infrastructure.
Provides necessary legal backing to amend the Immigration Act 1971 as it applies in Jersey to incorporate ETA requirements and related deception offences.
Arguments Against
Imposes new pre-travel authorisation requirements on individuals, potentially adding administrative burdens and friction for travellers to Jersey, particularly from the UK and other Islands.
The extension of the UK Act requires specific modifications, which could lead to complexity in understanding which rules apply in Jersey versus the rest of the UK or the Common Travel Area.
Reliance on the UK Secretary of State to perform functions may create dependence or introduce delays if arrangements are not perfectly managed.
Although focused on Jersey, the introduction of ETA requirements impacts border policy, which is typically a reserved matter, potentially raising questions about devolved authority.
At the Court at Buckingham Palace, the 15th day of October 2025
Present,
The King’s Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred upon Him by section 86(4) of the Nationality and Borders Act 2022¹, is pleased, by and with the advice of His Privy Council, to order as follows:
This preamble establishes the authority for the legal instrument, indicating it was made at Buckingham Palace on October 15, 2025, in the presence of the King acting on the advice of the Privy Council.
His Majesty exercises powers granted under section 86(4) of the Nationality and Borders Act 2022 to issue this Order by Order in Council.
Citation, commencement and interpretation
1.
(1)This Order may be cited as the Immigration (Electronic Travel Authorisations) (Jersey) Order 2025 and comes into force on such day or days (after this Order has been registered by the Royal Court of Jersey) as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes.
(2)In this Order—
“the 2022 Act” means the Nationality and Borders Act 2022;
“the Minister” means the Minister for Justice and Home Affairs (of Jersey).
(3)For the purposes of construing provisions of an Act as part of the law of Jersey, a reference to an enactment which extends to Jersey is to be construed as a reference to that enactment as it has effect in Jersey.
This section provides the title of the legislation: the Immigration (Electronic Travel Authorisations) (Jersey) Order 2025.
It specifies that the Order only takes full effect after being registered by the Royal Court of Jersey, and that commencement dates can be set separately for different parts or aims.
It defines key terms, naming the '2022 Act' as the Nationality and Borders Act 2022 and designating 'the Minister' as Jersey's Minister for Justice and Home Affairs.
Any reference within this legislation to Acts extending to Jersey must be interpreted according to how those Acts operate within Jersey's legal framework.
Extension of the 2022 Act to Jersey
2.
(1)Section 75 of the 2022 Act (electronic travel authorisations) shall extend to Jersey subject to the modifications specified in Schedule 1 to this Order.
(2)Schedule 2 to this Order sets out the provisions of Section 75 of the 2022 Act as extended to Jersey by this Order.
(3)In case of any conflict between Schedule 1 and Schedule 2, the former prevails.
This article officially extends Section 75 of the 2022 Act, concerning Electronic Travel Authorisations (ETAs), to apply in Jersey.
This extension is not absolute; it is subject to modifications detailed in Schedule 1 of this Order.
Schedule 2 presents the full text of Section 75 as it will read once extended to Jersey.
If there is any disagreement between the modifications listed in Schedule 1 and the text in Schedule 2, the rules specified in Schedule 1 take precedence.
SCHEDULE 1
MODIFICATIONS OF SECTION 75 OF THE NATIONALITY AND BORDERS ACT 2022 AS IT EXTENDS TO JERSEY
Article 2(1)
1.
In subsection (2), in the inserted Part 1A, in section 11C—
(a)in subsections (1), (2), (3) and (4) for “the United Kingdom” in each place substitute “Jersey”;
(b)for subsection (5) substitute—
“(5)The rules may impose the requirement mentioned in subsection (2) on an individual who—
(a)travels to Jersey on a local journey from a place in any of the other Islands or in the United Kingdom, and
(b)has leave to enter or remain in the place from which the individual is travelling,
only if it appears to the Minister necessary to do so by reason of differences between the immigration laws of Jersey and that place.”.
(c)in subsection (6)(d)(ii) for “the United Kingdom” substitute “Jersey”.
2.
In subsection (2), in the inserted Part 1A, in section 11D—
(a)For the heading substitute “Electronic travel authorisations, the United Kingdom and the other Islands”;
(b)For subsections (1) and (2) substitute—
“(1)The Minister may by Order make provision about the effects in Jersey of the grant or refusal under the law of any of the other Islands or the United Kingdom of an authorisation in electronic form to travel to any of the other Islands or the United Kingdom.
(2)An Order under subsection (1) may in particular make provision about—
(a)the recognition in Jersey of an authorisation granted as mentioned in subsection (1);
(b)the conditions or limitations that are to apply in Jersey to such an authorisation;
(c)the effects in Jersey of such an authorisation being varied or cancelled under the law of the United Kingdom or any of the other Islands;
(d)the circumstances in which the Minister or an immigration officer may vary or cancel such an authorisation (so far as it applies in Jersey).”;
(c)omit subsection (3);
(d)in subsection (4) for “Regulations” substitute “An Order made”;
(e)omit subsections (5) and (6).
3.
In subsection (2), in the inserted Part 1A, after section 11D insert—
“11E.Arrangements for functions in relation to ETAs
(1)The Minister may—
(a)request the Secretary of State to carry out any function in relation to the granting of ETAs conferred on the Minister or any other person (“the decision-maker”), by immigration rules made under section 11C or an Order made under section 11D, and
(b)arrange for the Secretary of State to carry out any such function.
(2)A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1)(b) is for all purposes carried out by the decision-maker under the immigration rules or regulations concerned.
(3)Every decision or act, taken by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken by the decision-maker.
(4)An arrangement under subsection (1)(b)—
(a)may be varied or terminated at any time by the Minister, but without prejudice to any decision or act already taken pursuant to that arrangement or to the making of a new arrangement, and
(b)does not prevent the performance of the function by the decision-maker concerned whilst the arrangement subsists.
(5)A variation or termination under (4)(a) may be made with immediate effect or take effect at a time specified by the Minister.
(6)This section has effect for the removal of any doubt and is not to be construed as impliedly invalidating anything done in conformity with any other enactment or rule of law, either before or after this section comes into force.”
4.
In subsection (3) for “Kingdom” substitute “Jersey”.
5.
Omit subsection (5).
Schedule 1 details the specific modifications made to Section 75 of the 2022 Act as it applies in Jersey.
The primary modification is consistently substituting references to 'the United Kingdom' with 'Jersey' in several subsections of new sections 11C and 11D.
In Section 11C(5), the requirement to have an ETA for local journeys from the UK or other Islands only applies if the Jersey Minister deems it necessary due to differences in immigration laws between Jersey and the point of origin.
Section 11D is significantly altered to focus on the Minister's power to create Orders about recognising, limiting, or varying ETAs granted by the UK or other Islands concerning travel to Jersey, replacing UK-specific references with Jersey-specific ones.
New Section 11E is inserted, allowing the Jersey Minister to request or arrange for the UK Secretary of State to handle specific ETA functions, ensuring those actions are considered validly performed by the Jersey decision-maker.
Other minor technical modifications are also made, such as omitting specific subsections.
SCHEDULE 2
SECTION 75 OF THE NATIONALITY AND BORDERS ACT 2022 AS EXTENDED TO JERSEY
Article 2(2)
Electronic travel authorisations
75.
(1)The Immigration Act 1971² is amended in accordance with subsections (2) to (4).
(2)After Part 1 insert—
“PART 1A
ELECTRONIC TRAVEL AUTHORISATIONS
11C. Electronic travel authorisations
(1)In this Act, “an ETA” means an authorisation in electronic form to travel to Jersey.
(2)Immigration rules may require an individual of a description specified in the rules not to travel to Jersey from any place (including a place in the common travel area), whether with a view to entering Jersey or to passing through it without entering, unless the individual has an ETA that is valid for the individual’s journey to Jersey.
(3)The rules may not impose this requirement on an individual if—
(a)the individual is a British citizen, or
(b)the individual would, on arrival in Jersey, be entitled to enter without leave.
(4)In relation to an individual travelling to Jersey on a local journey from a place in the common travel area, subsection (3)(b) applies only if the individual would also be entitled to enter without leave if the journey were instead from a place outside the common travel area.
(5)The rules may impose the requirement mentioned in subsection (2) on an individual who—
(a)travels to Jersey on a local journey from a place in any of the other Islands or the United Kingdom, and
(b)has leave to enter or remain in the place from which the individual is travelling,
only if it appears to the Minister necessary to do so by reason of differences between the immigration laws of Jersey and that place.
(6)The rules must—
(a)provide for the form or manner in which an application for an ETA may be made, granted or refused;
(b)specify the conditions (if any) which must be met before an application for an ETA may be granted;
(c)specify the grounds on which an application for an ETA must or may be refused;
(d)specify the criteria to be applied in determining—
(i)the period for which an ETA is valid;
(ii)the number of journeys to Jersey during that period for which it is valid (which may be unlimited);
(e)require an ETA to include provision setting out the matters mentioned in paragraph (d)(i) and (ii);
(f)provide for the form or manner in which an ETA may be varied or cancelled;
(g)specify the grounds on which an ETA must or may be varied or cancelled.
(7)The rules may also—
(a)provide for exceptions to the requirement described in subsection (2), and
(b)make other provision relating to ETAs.
(8)Rules made by virtue of this section may make different provision for different cases or descriptions of case.
11D. Electronic travel authorisations, the other Islands and the United Kingdom
(1)The Minister may by Order make provision about the effects in Jersey of the grant or refusal under the law of any of the other Islands or the United Kingdom of an authorisation in electronic form to travel to that place.
(2)An Order under subsection (1) may in particular make provision about—
(a)the recognition in Jersey of an authorisation granted as mentioned in subsection (1);
(b)the conditions or limitations that are to apply in Jersey to such an authorisation;
(c)the effects in Jersey of such an authorisation being varied or cancelled under the law of the United Kingdom or any of the other Islands;
(d)the circumstances in which the Minister or an immigration officer may vary or cancel such an authorisation (so far as it applies in Jersey).
(3)…
(4)An Order made under subsection (1)—
(a)may make provision modifying the effect of any provision of, or made under, this Act or any other enactment (whenever passed or made);
(b)may make different provision for different purposes;
(c)may make transitional, transitory or saving provision;
(d)may make incidental, supplementary or consequential provision.
11E. Arrangements for functions in relation to ETAs
(1)The Minister may—
(a)request the Secretary of State to carry out any function in relation to the granting of ETAs conferred on the Minister or any other person (“the decision-maker”), by immigration rules made under section 11C or an Order made under section 11D, and
(b)arrange for the Secretary of State to carry out any such function.
(2)A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1)(b) is for all purposes carried out by the decision-maker under the immigration rules or regulations concerned.
(3)Every decision or act taken by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken by the decision-maker.
(4)An arrangement under subsection (1)(b)—
(a)may be varied or terminated at any time by the Minister, but without prejudice to any decision or act already taken pursuant to that arrangement or to the making of a new arrangement; and
(b)does not prevent the performance of the function by the decision-maker concerned whilst the arrangement subsists.
(5)A variation or termination under subsection (4)(a) may be made with immediate effect or take effect at a time specified by the Minister.”.
(3)In section 24A (deception), in subsection (1)(a)—
(a)after “obtain” insert— “ (i)”;
(b)after “Jersey” insert— “, or (ii) an ETA”.
(4)In section 33 (interpretation), in subsection (1), at the appropriate place insert—
“ an ETA” has the meaning given by section 11C; ”.
(5)In section 126 of the Nationality, Immigration and Asylum Act 2002³ (compulsory provision of physical data), in subsection (2), before paragraph (a) insert—
“(za)an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)),”.
Schedule 2 presents the extended text of Section 75 of the Nationality and Borders Act 2022, which amends the primary Immigration Act 1971 by inserting a new Part 1A regarding ETAs for Jersey.
New Section 11C defines an ETA as an electronic authorisation to travel to Jersey and specifies that immigration rules may require travellers (excluding British citizens or those entitled to enter without leave) to possess a valid ETA before travel, including local journeys from the Common Travel Area.
New Section 11D gives the Jersey Minister power to create Orders regarding how Jersey recognises or deals with ETAs granted by the UK or other Islands, and how Jersey immigration officers can vary or cancel them.
New Section 11E allows the Minister to request or arrange for the UK Secretary of State to perform functions related to ETA granting, ensuring that actions taken by the Secretary of State are legally treated as if performed by the Jersey decision-maker.
Finally, the schedule amends existing sections concerning deception (creating an offence related to deception regarding obtaining an ETA) and interpretation, as well as amending the Nationality, Immigration and Asylum Act 2002 to include ETAs in provisions concerning compulsory physical data.
EXPLANATORY NOTE (This note is not part of the Order)
This Order extends to the Bailiwick of Jersey, with modifications, section 75 of the Nationality and Borders Act 2022.
These provisions, as extended and modified, provide for Electronic Travel Authorisations to be required for travel to the Bailiwick of Jersey.
These provisions also give the Jersey Minister for Justice and Home Affairs a power to—
(a)make an Order dealing with the effect of Electronic Travel Authorisations which are granted or refused in the United Kingdom, the Bailiwick of Guernsey or the Isle of Man; and
(b)request that the Secretary of State carries out any functions with respect to the granting of Electronic Travel Authorisations.
The Explanatory Note confirms that the purpose of this Order is to extend Section 75 of the 2022 Act, along with its modifications, into the law of Jersey.
This creates the requirement for ETAs for anyone travelling to the Bailiwick of Jersey.
Furthermore, the note highlights that the Jersey Minister gains specific powers.
These include the ability to issue Orders that manage the interaction of Jersey's rules with ETAs issued elsewhere (specifically the UK, Guernsey, and the Isle of Man) and the ability to delegate the administrative function of granting ETAs to the UK Secretary of State.