An Order in Council made on 15 October 2025 extends section 75 of the Nationality and Borders Act 2022 to the Bailiwick of Jersey with modifications. The Immigration (Electronic Travel Authorisations) (Jersey) Order 2025 establishes a legal basis for Jersey to require Electronic Travel Authorisations for travel to the island, with commencement to be appointed by the Minister for Justice and Home Affairs after registration by the Royal Court of Jersey.
Under the inserted section 11C of the Immigration Act 1971 as it has effect in Jersey, an ETA is an authorisation in electronic form to travel to Jersey. Jersey immigration rules may require specified categories of travellers not to travel to Jersey from any place, including within the Common Travel Area, unless they hold a valid ETA for that journey.
The rules cannot impose the requirement on British citizens, nor on individuals who would be entitled to enter Jersey without leave. For local journeys within the Common Travel Area, that exemption applies only if the person would also be entitled to enter without leave were the journey made from outside the Common Travel Area.
For travellers on local journeys from the United Kingdom or the other Islands who hold leave in that place, the ETA requirement may be applied only where the Minister considers this necessary because of differences between Jersey’s immigration laws and those of the place of departure. This limitation is set out in section 11C(5) as modified for Jersey.
The immigration rules must specify how ETA applications are to be made, granted or refused; any conditions that must be met before grant; grounds for refusal; the period of validity and the number of journeys covered; and the processes and grounds for variation or cancellation. The rules may also create exceptions and make different provision for different cases.
Section 11D, as extended and modified, empowers the Minister to make an Order on the effect in Jersey of ETAs granted or refused under the law of the United Kingdom or the other Islands. Such an Order may provide for recognition in Jersey, set conditions or limitations, and determine the consequences in Jersey where an authorisation is varied or cancelled in the originating jurisdiction. It may also specify when Jersey authorities may vary or cancel a recognised authorisation.
An Order made under section 11D(1) may modify the effect of provisions of the Immigration Act 1971 or any other enactment and may include transitional, transitory, saving, incidental, supplementary or consequential provision. In the Jersey version, the power is exercisable by Order rather than by regulations and certain subsections in the UK text are omitted.
Section 11E provides for administrative arrangements with the UK Government. The Minister may request or arrange for the Secretary of State to carry out any ETA‑related function conferred by Jersey immigration rules or by an Order under section 11D. Decisions and acts performed under such arrangements are treated for all purposes as those of the Jersey decision‑maker, and the arrangements can be varied or terminated immediately or on a specified date without preventing concurrent performance by Jersey.
Consequential amendments are made to the Immigration Act 1971 and the Nationality, Immigration and Asylum Act 2002. The deception offence in section 24A is extended to obtaining an ETA by deception, a definition of “ETA” is inserted into section 33, and section 126 of the 2002 Act is amended so ETAs fall within the scope of compulsory provision of physical data. These changes support identity assurance, compliance and enforcement linked to ETA applications.
Commencement is staged and dependent on local steps. The Order will come into force on the day or days the Minister appoints after the instrument is registered by the Royal Court of Jersey, allowing different dates for different provisions and purposes. Operational changes will therefore follow a further Ministerial Order and the making of Jersey immigration rules setting eligibility, exemptions, validity and carrier processes.
For travellers, the framework means an ETA may be required before travelling to Jersey from the United Kingdom, the other Islands or elsewhere, depending on categories defined in the rules. British citizens remain outside scope. Those entitled to enter without leave will not require an ETA; however, for journeys within the Common Travel Area the exemption is aligned to the position for arrivals from outside the area.
For transport operators and ports, implementation details to be set in the rules-application channels, validity periods, multi‑journey permissions and cancellation criteria-will determine check‑in and verification processes. Stakeholders should monitor Government of Jersey announcements on commencement and any Order recognising UK or other Islands ETAs to support interoperability within the Common Travel Area.
The Order further confirms that, for construction as part of Jersey law, references to enactments extending to Jersey are to be read as those enactments have effect in Jersey. It also states that where Schedules 1 and 2 conflict, the modifications in Schedule 1 prevail. The Clerk of the Privy Council recorded the making of the Order on 15 October 2025.