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