Numbers of people granted entitled residential status and reasons (FOI)

​​​Request

A.

Could you supply me with the number of people who have been granted 'entitled' residential status on social, economic or hardship grounds in the past five years, broken down by year if possible?

B.

Could you also please supply me with a list of non-personal summarised reasons as to why the above applicants were successful in their application for 'entitled' status?

C.

I would also like to know what criteria the Chief Officer uses to decide what an 'exceptional' case is for granting 'entitled' residential status on social, economic or hardship grounds? Is it an objective or subjective process?

Response 

A.

There have been no applications made for `Entitled’ status on social grounds in the past five years. There have been a total of 62 persons who have been granted `Entitled’ status on economic grounds (high net worth applicants). The below table breaks this down by year as requested.

There have been a total of 102 persons who have been granted `Entitled’ status on the grounds of hardship. The below table breaks this down by year as requested.

 B.

C.

Regulation 2(1) (e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 states that the person has been granted Entitled status by the Minister on the grounds that the Minister is satisfied that such grant is justified:

 (a) on social or economic grounds or both, and

 (b) as being in the best interests of the community.

Applications made under this Regulation will include a personal, business and financial profile to confirm the individual’s background, net worth and ability to satisfy required future tax liability. Consideration will also be given to any risk or reputational issues for Jersey. The Minister’s decision is a judgment based on the information provided.

Regulation 2(1) (f) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 states that the person has been granted Entitled status by the Minister on the grounds that the Minister is satisfied that the hardship (other than solely financial hardship) which would be caused to the person or to any individual ordinarily resident in Jersey if the person were not granted Entitled status outweighs the fact that the person does not meet any other condition.

An application will include evidence to confirm periods of continuous residence in the Island, and any other relevant supporting information, including but not limited to birth and marriage certificates, separation agreements, medical or other related professional submissions. The Minister’s decision is a judgment based on the information provided.

No two cases are identical and each request will be considered on its own individual merits. However, the Minister has a legal, as well as a moral obligation to administer the Regulations in a fair, consistent and reasonable manner, referring to previous decisions for comparison, considering prevailing policy at the time of the request and any future precedent that will be set. The balance which is required to be made is therefore between the hardship caused by refusal on one hand, and the fact that the granting of `Entitled’ status will lessen the accommodation available for those persons who already qualify under the Regulations.