Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Acting Assistant Director, Immigration and Nationality
Date: 25th February 2019
Subject: Review of Work Permit Policy: Seasonal Hospitality Workers
Introduction
The United Kingdom Immigration Act 1971, as extended to Jersey by the Immigration (Jersey) Order 1993[1], allows the Minister for Home Affairs to make rules to regulate the employment in the Island of persons not having the right of abode. In essence, these are persons of non-European Economic Area nationality who are subject to work permit restrictions.
Permits are issued to employers when they meet the requirements of the Immigration (Work) (Permits) (Jersey) Rules 1995[2], which are made by the Minister for Home Affairs and administered by the Customs and Immigration Service. These rules allow for the issue of work permits in the case of seasonal staff up to a period of 9 months.
The current work permit policy in respect of unskilled workers in the hospitality industry is limited to those persons who must have been employed in Jersey on or before 1 May 2004 on a seasonal basis of no more than 9 months for the same employer throughout and not been abroad for longer than 6 months. There are approximately 35 individuals who return to Jersey on a yearly basis in this capacity. This scheme operated between 2001 and 2004 when it was closed to new applications following the expansion of the European Union.
Need for a Review
The Jersey Hospitality Association (JHA) have provided a detailed business case which sets out the recent difficulties faced by the sector in sourcing and recruiting seasonal migrant labour. The main tourist season runs from May to October and it is during this period there has been a growing shortfall of labour to meet the needs of the sector. Over the years the source of labour has come from off Island, due in the main to the seasonal nature of the work.
The Island’s hospitality industry has historically attracted labour from off Island within the EEA but is now experiencing challenges in attracting those seasonal workers. Attempts have been made by contacting hospitality associations, colleges and trade bodies in a number of EEA countries to identify new sources of labour but unfortunately this has not been successful.
The JHA reports that the number of jobs advertised and not fulfilled across the sector during the 2018 summer season peaked at 230 and anticipate this will increase over the next few years due to uncertainties over Brexit.
The JHA states that this has now reached a critical point for the industry and it is therefore seeking to re-introduce the scheme which operated between 2000 and 2004 to employ appropriately trained non EEA migrants to fill the labour shortage on a seasonal basis.
Policy Change Objectives
The objectives of a change in policy to allow non-EEA seasonal hospitality staff will be:
- To contribute towards addressing the issues of labour shortage currently faced
- To protect the industry for the future of the Island
- To test the impact upon the local community
- To determine if this policy change will address the issue of labour shortage in the long term
- To ensure robust immigration controls are met.
Recommendation
It is recommended that the Minister for Home Affairs agrees to a change in the Immigration Work Permit Policy for a 2 year trial period to allow, subject to satisfactory applications, the issue of work permits for up to 9 months to seasonal hospitality workers which will be capped at 150 permits for 2019 and 2020. Migrants will be required to have a period of 3 months absence before they are allowed to return under a permit. It is recommended that this change in policy is reviewed after the 2 year trial.
In order to provide clear guidance to the sector the requirements detailed below will have to be met by a person before permission is granted for them to take up employment on the basis of a seasonal hospitality worker:
Seasonal employment is employment that fluctuates or is restricted according to the season or time of year.
The following employment activities will be considered within the scope of this policy:
- Bar Tenders
- Waiters/Waitresses
- Housekeeping
- Concierge/ Reception
- Chefs/Cooks
Activities not deemed appropriate are those:
- That require labour all year round and are therefore not seasonal
- Work predominantly in offices or other administrative spaces
Work permit applications will only be accepted from the Jersey Hospitality Association to ensure:
- Recruitment methods provide a vetting process to establish the genuineness of migrant workers and that they are appropriately trained and experienced and capable of undertaking the employment
- Migrant workers have successfully completed a course at a bona fide hospitality and tourism training institution and have at least 2 years post qualification experience
- Migrant workers provide an overseas police certificate to confirm whether or not they have a criminal record
- Migrant workers are provided a contract of employment and are paid at or above the appropriate rate for the job
- Migrant workers are suitably housed which meets minimum Decent Home Standards and due consideration is given to their welfare both in and outside the workplace. Accommodation to be provided by the employer.
- Migrant workers will not switch (change) employer whilst in Jersey unless they are being transferred by their employer within the same group of companies and notify the Customs and Immigration Service
- Customs and Immigration Service is notified of the arrival and departure of each migrant worker which will include those who have been issued work permits and do not take up the employment or their employment ends prematurely
- Migrant workers who end their contracts of employment and return abroad will
not return until there has been a period of at least 3 months absence from Jersey
All non-EEA nationals will require a valid entry clearance (visa) for entry in this capacity.
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