Home Affairs Department
Customs and Immigration Service
To: Minister for Home Affairs
Submitted by: Director, Legal Status and Revenue
Date: 13 January 2015
Subject: Amendment to the English language requirements for the issue
of work permits to sportspersons without the right of abode
Introduction
Section 1(4) of the Immigration Act 1971, as extended to Jersey, empowers the Minister for Home Affairs to make rules for persons not having the right of abode in Jersey seeking leave to enter or remain in Jersey for the purpose of employment. To that end, the Minister has made the Immigration (Work Permits) (Jersey) Rules 1995 which sets out the general matters to which to Minister may have regard when issuing a work permit. The Work Permits Jersey Policy and Procedures, (last updated 01/08/2014), sets out detailed instructions for caseworkers on how to make decisions on work permit applications.
Background
In November 2008, the UK introduced an English language requirement for persons coming to take employment in the country. In March 2012 the Minister for Home Affairs introduced an equivalent English language requirement, as part of the qualifying criteria, for the issue of a work permit in Jersey. It was considered that migrants coming to work in Jersey should have a basic command of the English language that will allow them to cope with everyday life. The Immigration Work Permit Rules and Work Permit Policy were amended to reflect these new requirements.
Paragraph 10.8 of the Work Permit Policy and Procedures sets out the qualifying criteria against which work permit applications for the employment of sportspersons / coaches in the Island, are assessed.
It is a requirement that applicants for such work permits meet the ‘Knowledge of English’ specified in paragraph 3 of the Work Permit Policy.
Paragraph 3 of the Policy sets out how the English language requirement can be met or an exemption granted. The employer must show that the employee:
- has passed the speaking and listening elements of an English language test appropriate to level B1 of the Common European Framework of Reference (CEFR); or
- be exempt by being a national of a majority English speaking country; or
- be exempt by possessing a degree taught in a majority English speaking country; or
- (iv)has obtained an academic qualification which meets the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK and was taught or researched in English.
In the UK, however, sportspersons and coaches are only required to prove their knowledge of English by passing an approved English language test to the lower A1 level of the Common European Framework of Reference (CEFR). This lesser requirement for sportspersons and coaches was not specified in the Jersey Work Permit Policy.
In order to align with the UK, the Work Permit Policy will need to be amended to require sportspersons and coaches to prove their knowledge of English by having passed an approved English language test with at least CEFR level A1 in speaking and listening.
Conclusion
This Service recommends that the Minister instructs this Service to amend the Jersey Work Permit Policy to require that, for the employment of sportspersons and coaches the employer must show that the employee has passed the speaking and listening elements of an approved English language test which is at least CEFR level A1.
Steven Le Marquand
Director, Legal Status and Revenue
Customs and Immigration Service
13 January 2015