Immigration Work Permit Policy: Amendment

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 19 March 2020:

Decision Reference: MD-HA-2020-0021
Decision Summary Title:	Amendment to the Immigration Work Permit Policy: Seasonal Fishing Crew	Date of Decision Summary:		16 March 2020
Decision Summary Author:	Acting Assistant Director, Immigration and Nationality	Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Written Report Title:	Amendment to the Immigration Work Permit Policy: Seasonal Fishing Crew	Date of Written Report:		16 March 2020
Written Report Author:	Acting Assistant Director, Immigration and Nationality	Written Report: Public or Exempt? (State clauses from Code of Practice booklet)		Exempt (Part 4, article 25)
Decision and Reason for the Decision: The Minister for Home Affairs approved an amendment to the Immigration Work Permit Policy to allow the employment of up to 10 seasonal crew in the fishing sector of non-European Economic Area (“non-EEA”) nationality from within the quota of 130 work permits allocated for agricultural workers further to MD-HA-2018-0101. The duration of the employment must not exceed 6 months and applications must be submitted by the Jersey Farmers’ Union. The Minister for Home Affairs is satisfied that there are difficulties recruiting and retaining suitably qualified fishing crew from within the permit free labour market. The recruitment of seasonal non-EEA fishing crew, under work permit, will assist in resolving this matter.
Resource Implications: None as a consequence of this decision.
Action Required: The Jersey Customs and Immigration Service to: Make the appropriate amendment to the Immigration Work Permit Policy referred to in the attached report which will come into effect on the day the Ministerial Decision is signed. Notify the Jersey Farmers’ Union of the decision. Update the information on gov.je in respect of the employment, under work permit, of seasonal workers.
Signature:			Position: Connétable Len Norman Minister for Home Affairs
Date Signed:			Effective Date of the Decision: