Extension of Section 75 (Electronic Travel Authorisations) of the Nationality and Borders Act 2022 to Jersey (P.58/2025): comments
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STATES OF JERSEY
EXTENSION OF SECTION 75 (ELECTRONIC TRAVEL AUTHORISATIONS) OF THE NATIONALITY AND BORDERS ACT 2022 TO JERSEY (P.58/2025): COMMENTS
Presented to the States on 3rd September 2025
by the Children, Education and Home Affairs Scrutiny Panel
STATES GREFFE
2025 P.58 Com.
COMMENTS
Background
The Children, Education and Home Affairs Scrutiny Panel (hereafter the Panel') was briefed by the Minister for Justice and Home Affairs and officers about the proposition: Extension of Section 75 (Electronic Travel Authorisations') of the Nationality and Borders Act 2022 to Jersey (the Proposition') on Friday 29th August 2025.
If a proposal is made to extend an Order in Council to Jersey under the States of Jersey Law 2005, the Chief Minister must formally lodge the proposal for consideration by the States Assembly. The Panel is scrutinizing the Proposition, as the subject matter falls within its remit.
The Panel understands that the purpose of the Proposition is to bring Jersey's legislation into alignment with immigration law in the United Kingdom (UK'). This alignment is considered desirable given Jersey's participation in the Common Travel Area (CTA'), which facilitates the free movement of residents between UK, the Isle of Man, the Channel Islands and the Republic of Ireland.
Electronic Travel Authorisation Scheme
The proposed change is prompted by the introduction of the Electronic Travel Authorisation (ETA') scheme in the UK. Under this scheme, individuals who are not British or Irish citizens and who do not require a visa to enter the UK must obtain permission to travel prior to their journey.
An application for an ETA is made online, costs approximately £16, and takes hours or days to approve. An ETA is valid for a maximum of 2 years and is digitally linked to the traveller's passport number (so, if applicable, will expire with the passport).
The ETA scheme had been operational for all visitors travelling to the UK since April 2025 who do not require a visa. The Panel was advised that the ETA scheme is proposed to be rolled out to the Crown Dependencies in Q1 2026. The Panel was advised that information about the ETA scheme is already available on gov.je.
Administration of the ETA Scheme
The Proposition references that the Minister for Justice and Home Affairs can request the Secretary of State for the Home Department of the UK to administer the ETA scheme on behalf of Jersey. The Panel has been advised that this is the intended approach for the extension of the ETA scheme's operation to Jersey.
The Panel was informed that queries regarding the process for this request from the Minister for Justice and Home Affairs to the UK's Secretary of State had been raised during a recent meeting of the Legislation Advisory Panel, and that officers were working to address those queries before the Assembly considered the Proposition. Due to the time constraints between the briefing to the Panel and the debate, the Panel is not able to provide any further detail about this matter in these comments.
However, it was explained that requesting the UK to administer Jersey's ETA applications alongside its own was intended to align the operational practice of the
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scheme. It would allow security checks on travellers to be undertaken through the UK systems and streamline process for travellers. It was explained that the UK data bases which would be used for these checks were not something that Jersey had access to, therefore it was highly beneficial for the UK to undertake the security checks on Jersey's behalf.
It was confirmed that security checking would be referred to Jersey if there was a refusal for the person to travel, for example, because of criminality and this would be the point where officers in Jersey Customs and Immigration Service (JCIS) became involved in the process. It was anticipated that the number of refusals would be in the hundreds per annum, and it was advised that this was considered a low number, therefore no additional staffing resource in JCIS would be required.
French ID Card Scheme
Jersey operates a scheme that allows French nationals to visit the island for day trips using their French National Identity Card as an accepted form of identification. The Panel asked about the compatibility of the ID card scheme with the ETA requirements, and it was confirmed that a specific exemption would be introduced within Jersey's immigration rules to ensure the day-trip scheme can continue. The Panel was also advised that there will be exemption from the ETA for French school groups.
Other points
For context, during the briefing the Panel was briefly advised about the introduction of EU border schemes, namely, the European Entry / Exit System (EES') and the European Travel Information and Authorisation System (ETIAS'), which would impact Islanders, particularly with direct travel to France, in future.
The Panel was advised that JCIS would publicise these to make the public aware of future changes that could impact their travel but advised that these would be informational only as they were EU schemes and requirements.
Conclusion
The Panel is supportive of the Proposition and acknowledges the rationale for introducing the ETA, particularly in relation to enhancing border security and ensuring Jersey's alignment within the CTA.
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