Intra-Company Transfer work permits (FOI)

Request

If, as the rules suggest, an intra-company transfer work permit is granted after 1 January 2015, then the time spent in Jersey on an intra-company work permit will not lead to settlement (indefinite leave). Therefore, please advise of the following:

A

How many people have been granted the Indefinite Leave to Remain (ILR) with the exception of this rule for example, an Intra-Company Transfer (ICT) work permit was issued for the first time for the person and it was after 1 January 2015, however the time spent on ICT is considered for the ILR.

B

What is the basis of exception?

Response

The Jersey Immigration Rules are specific on the qualifying criteria for indefinite leave to remain for those who have worked in Jersey under work permit conditions. Since 1 January 2015, approximately 900 people on a variety of different immigration routes have been granted indefinite leave to remain. 

Information on how each individual qualified for indefinite leave to remain cannot be provided without being extracted from each individual record. To comply with the request would exceed the cost limit provisions set out in the Freedom of Information (Costs) (Jersey) Regulations 2014. Article 16(1) of the Freedom of Information (Jersey) Law has been applied.

The Jersey Immigration Rules do not provide a basis for an exception to be applied unless the individual's period of five years continuous residence on intra company transfer permissions started in Jersey, UK, Isle of Man, (but not Guernsey), prior to 1 January 2015.

Article applied

Article 16 - A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.