Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 January 2012:

Decision Reference: MD-HA-2012-0006

Decision Summary Title :

Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Date of Decision Summary:

10 January 2012

Decision Summary Author:

Assistant Director

Jersey Customs and Immigration Service

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Brief for Minister - Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Date of Written Report:

9 January 2012

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

Public

Subject:

Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Decision(s):

The Minister made the Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Reason(s) for Decision:

The 2012 Rules amend the Immigration (Work Permits) (Jersey) Rules 1995 to introduce a requirement for the Minister to have regard to an entrant’s knowledge of the English language in determining whether or not to issue a work permit. They also increase to 3 months the period after which a work permit shall cease to have effect if an entrant does not take up the specified post.

Resource Implications:

There are no financial or manpower implications arising from this decision.

Action required:

The Executive Officer, Home Affairs, to notify the Publications Editor at the States Greffe that the Rules have been made and to request the Greffier of the States to arrange for the making of the Rules to be notified to the States.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Report for the Minister for Home Affairs

Immigration (Work Permits) (Amendment) (Jersey) Rules 2012

Background

On 7 November 2011, the Minister for Home Affairs made Ministerial Decision MD-HA-2011-0073, which was an exempt decision, relating to the review of work permit policy.

The Minister approved a number of options and recommendations that had been set out in the report accompanying MD-HA-2011-0073; and this Ministerial Decision relates to the implementation of two of those policy decisions by way of amendment to the Immigration (Work Permits) (Jersey) Rules 1995 (‘the 1995 Rules’).

English language requirement

An English language requirement was introduced by the United Kingdom Border Agency for persons coming to take employment in the country under their points-based system. Under the system there is an important emphasis placed upon an applicant’s ability to be proficient in the English language. The Minister approved the introduction of an English language requirement, as part of the qualifying criteria for the issue of a work permit in Jersey; as it is felt equally important that migrants coming to work in the Island should have a basic command of the English language to enable them to cope with everyday life in Jersey.

The Immigration (Work Permits) (Amendment) (Jersey) Rules 2012 will amend the 1995 Rules by including the entrant’s knowledge of the English language in the list of matters to which the Minister shall have regard when determining whether or not to issue a work permit.

Policy has been be developed by the Jersey Customs and Immigration Service, setting out how the English language requirement or an exemption, will be applied.

To satisfy this criterion the prospective work permit holder must:

(i) have passed a test on the list of approved English language tests, set out in the English language requirement for Tier 2 (General) Migrant employment route, of the UK Border Agency Points-Based System. Alternatively, passed a test from an English language test provider approved by the Jersey Customs and Immigration Service; or

(ii) be a national of a majority English speaking country; or

(iii) have obtained an academic qualification (not a professional or vocational qualification) from educational establishment, which is deemed by the National Academic Recognition Information Centre for the UK, to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK.

The following will be exempt from the English language requirement:

(i) Existing work permit holders.

(ii) Seasonal (unskilled) workers in the hospitality industry for employment of up to 9 months.

(iii) Short term work permit holders, when the maximum duration of the permit is 12 months, including any extension. For example, entertainers, secondments and specialists workers.

Period of time after which a work permit shall cease to have effect if the entrant does not take up the post

Under the 1995 Rules a person is required to take up the post within 2 months of the work permit being issued. This has caused difficulties for some people who need to complete their notice period and / or need to apply for an entry clearance (visa) at a British Diplomatic Post. It was therefore decided to extend this time period to 3 months. This is achieved by an amendment to Rule 4(5).

Recommendation

It is recommended that the Minister makes the Immigration (Work Permits) (Amendment) (Jersey) Rules 2012, to give effect to these changes.

Executive Officer

Home Affairs

January 2012