Brexit frequently asked questions

In order to allow the free movement of data between EU jurisdictions and third countries, safeguards must be in place. One of these safeguards is that the third country has been deemed ‘adequate’ by the European Commission. Jersey already has this ‘adequate’ status allowing frictionless data transfer between Jersey and the EU.  Brexit did not Jersey’s adequacy status and will therefore not affect the flow of data between Jersey, EU member states and any other adequate third country.

Jersey Office of the Information Commissioner – International transfer of personal data guidance notes

Customs are working very hard to minimise the likelihood of delays in releasing goods at the border, however Brexit will introduce new regulations that will add complexity to the customs process. As a result:

• Goods coming in to Jersey from the EU will be subject to new regulations and so the volume of items needing to be managed will increase substantially.
• There will be changes to licenced and prohibited goods being imported from the EU which may lead to more inspections.
• After Brexit the Customs team are required to collect Common Customs Tariffs payments and the declarations needed for this must be in place before goods can be released.
• Additional animal and food health controls will be needed prior to customs clearance for some goods.

For more information visit Trading with the EU

The main change in the process is that a declaration must be received by Customs before the products can be released. To minimise delays, freight carriers are asked to put the customs declarations into the system early so items can be pre-cleared before the arrive on Island. This should minimise the amount of personal intervention needed when the items arrive and reduce the amount of product being held.

Some changes are being made to the customs process to make sure that Jersey can continue to comply with the UK’s import requirements. This will mean that:

• A full import declaration will be required.
• All goods will have to be included regardless of value.
• Customs import duties will have to be paid on items that are subject to a tariff rate.
• No goods will be released from customs controls until an import declaration has been submitted, however it will be possible to submit the declaration before the goods arrive in Jersey.
• Safety and security declarations will be required for goods exported to the EU.

For more information visit Trading with the UK & EU

If you are registered importer your arrangement will still be in place so you can deliver goods straight to end consumer but:

• Customs declarations must be made before the goods are released, so make sure they are pre-declared.
• Payments can still be made later.

Jersey Post is part of the Universal Postal Union which puts international arrangements in place for the movement of goods by post. This means that for the exchange of mail with EU destinations (and in fact all worldwide destinations) there will be no change in the way Jersey Post trades after Brexit.

However, currently, all goods posted from Jersey to an international destination, including the EU, are sent via the UK. In the event of a hard Brexit mail destined for or coming from European destinations may be caught up in the backlogs that will inevitably happen at exit ports around the UK. This will have an impact on the timescale of goods arriving by post into Jersey or reaching their final destination.

In practice some things will stay the same after Brexit:

• The goods subject to excise duty and the process for collecting this will stay the same.
• The arrangements for VAT will not change because of our continuing trade arrangements with UK.
• Because Jersey is already outside the EU and has secured bilateral agreements with the EU for services, businesses working in the finance and corporate services sector or any other service organisation should be unaffected by Brexit.
• Customs declarations will be required for goods arriving from the EU. Goods will only be released once they have been submitted.

EORI or Economic Operator Registration and Identification

From 1^st Jan 2021 the UK will operate their own, UK EORI, it will have 12 digits prefaced with the letters “GB” and will only be valid for declarations made in the UK. The UK Gov link below provides general guidance in relation to EORI numbers while stressing that if in doubt the best option is to apply for one.

However If you’re based in Jersey, you only need an EORI number if:

• you’re giving information directly to HM Revenue & Customs via one of its digital systems
• UK suppliers insist that local traders require an EORI.

Government of Jersey advice on EORI

If you send your supplier this link from the GOV.UK EORI page pointing out the Channel Island specific guidance below it may assist them in seeing its N/A

• “If you move goods to or from the Channel Islands”
• “If you’re based in Great Britain you need an EORI number that starts with GB to move goods between Great Britain and the Channel Islands.
• If you’re based in the Channel Islands, you only need an EORI number if you’re giving information to HMRC.”

Yes, a company based in Jersey can get an EORI number. The link is here on the UK Gov website. Scroll down to the green box near the bottom to apply for a GB EORI number

The rules allowing for the free movement of people around the EU will not apply to the UK and Jersey after Brexit. As a result if you are an EU national living in Jersey (excluding British/Irish nationals) you will need to apply for ‘Settled Status’. This will allow you to remain living in Jersey and to move freely around the Common Travel Area consisting of the UK, other Crown Dependencies and Ireland. There are two types of Settled Status:

• Pre-settled status for people currently here for less than 5 years. Once you have been here for 5 years you can then apply for Settled Status.
• Settled status for people who have been here for over 5 years. Settled status allows you to:

• • Stay indefinitely
  • Leave Jersey for up to 5 years without losing your status.
  • If you currently have indefinite leave to remain you may wish to apply to the scheme as you will then be entitled to be away from the Common Travel Area for up to 5 years rather than the current permission of 2 years.

To get Settled Status you should:

• Complete the Jersey Settlement Scheme application form.  
• You will need to provide your social security number and valid Passport or National Identity Card Number.
• You will be eligible to the scheme if you arrive in Jersey before 1^st January 2021
• You have until the 30 June 2021 to apply.
• There is no application fee
• Any family members here with you who are not UK or Irish nationals will also need to apply
• Children 16 and over must apply in their own right

If you are not eligible for settled or pre-settled status then you will be able to come and visit Jersey after 2020 for up to 6 months at a time.  If you want to work, study or settle you’ll need to apply for a visa before coming and if you want to work here your employer will need a work permit.

As Jersey is formally mentioned in the UK’s Withdrawal Agreement from the EU it will be subject to all the implications of leaving the EU including the status of non-UK and Irish citizens living in the UK and Jersey. One of the first decisions made during the negotiations between the UK and EU was an agreement to protect the rights of EU citizens’ living in the UK and this extends to those people living in Jersey. In order to provide this protection the UK government and the EU have agreed to operate a scheme known as the ‘EU Settlement Scheme’, which will allow EU citizens to remain in the UK after Brexit. This is the reason why you need to apply for Settled Status.

To make the process as smooth and easy as possible, the States of Jersey are operating its own version of this scheme, to ensure that EU citizens who live in the Island, making a valuable contribution to our community, are able to stay. If you are an EU Citizen who does not hold dual nationality e.g. British/Portuguese then you will be required to apply to the settlement scheme.

Continue to ask all new employees to provide their control housing and work card as part of normal new starters checks. The card confirms a new starter has registered with custom and local services and has a social security number but this doesn’t currently confirm immigration status for all card holders, as many cards are in circulation from applications made before 2021. As part of all new employee checks you should ask to see a valid passport or national identity card. If the place of birth is listed as out side of the CTA (UK, Ireland, Isle of Man and Channel Islands) you need to ask for either proof of settled status or a valid visa as well.

You will still be able to travel freely between the UK and Ireland because there is a ‘Common Travel Area’ between Jersey and the UK and Ireland which allows people in Jersey to travel in and out of the UK and Ireland as they do now. However, new arrangements will be put in place for travel to the EU even if you are travelling through the UK.

For British nationals, which includes those holding Jersey variant British passports wishing to travel to the EU, Switzerland, Norway, Iceland or Liechtenstein (the Schengen Area), their passports must:

• have been issued within the last 10 years on the date of arrival in a Schengen country
• have at least three months validity remaining on the date of intended departure from the last country visited in the Schengen Area.

If you live in Jersey and you hold an EU national identity card or passport nothing has changed in relation to travelling, working or living in the EU.

More information on potential travel implications and a passport validity calculator can be found here.

While Jersey-registered vehicles are expected to meet international standards for road safety both in the Island and in Europe, they can be driven in all EU jurisdictions ahead of Periodic Technical Inspections (PTIs) being introduced.

PTIs are being introduced for all vehicles registered in Jersey, but are not yet fully implemented.

You will need to register all commercial trailers with DVS if you are travelling in the EU after the UK leaves the EU.

Additionally, an International Driving Permit (IDP) is recommended for certain countries. You may need an IDP to drive your own car or hire car in EU countries. You’ll need an IDP alongside your Jersey driving license. You may also need a green card from your insurance company. IDPs cost £10. For more information, including h​ow to apply, visit the Parishes website.

Brexit will impact on many businesses in Jersey even if you only sell products or services on Island. As each business will be affected differently, here are some key actions you should take:

• Look at the other Brexit pages to help you consider the impact on your business.
• Use the Brexit and end of transition period business checklist to help you think about different effects on your business.
• Some specific issues to highlight:
  • If you employ EU nationals consider if there is a risk of them leaving Jersey and/or their need to register for Settlement scheme.
  • Think if you need to give your staff any new training & development especially if you import or export products.
  • If you have a supply chain that comes from off-Island, make sure you have the resilience to deal with possible delays and changes to customs arrangements.
  • Make sure your cash flow can absorb the impact of supplier delays.
  • Consider how and what data do you exchange with EU organisations and if this will need to change.
  • There are new rules for transport and travel into the EU including for passport holders, so make sure you are up-to-date with these.
  • New arrangements are being put in place for inspection and licencing of vehicles which you need to comply with if you drive a vehicle in the EU.