Customs and Immigration Service
Amendment to Work Permit Policy and Procedures
Legal Basis
The Minister for Home Affairs, in exercise of the powers conferred by section 1(4) of the Immigration Act 1971 of the United Kingdom, as extended to Jersey by the Immigration (Jersey) Order 1993, has made the Immigration (Work Permits) (Jersey) Rules 1995.
Background
Work permits for persons not having the right of abode in Jersey are administered by the Customs and Immigration Service under the Immigration (Work Permits) (Jersey) Rules 1995 and are issued for a limited period of time where a genuine vacancy exists and where particular qualifications or skills are required that are in short supply from the resident and European Economic Area (EEA) labour force.
Durrell Wildlife Conservation Trust, a registered charity, is a Jersey-based international conservation organisation which is dedicated to research, education and professional training. The organisation operates a work experience programme in Jersey for university students of related degree subjects from all over the world.
As there is no provision in the Directions of the Lieutenant-Governor (Immigration Rules) for the admission of non-EEA nationals to engage in these voluntary placements, work permits are required in order for them to do so.
Following 2 applications received from the Durrell Wildlife Conservation Trust this year, for an Indian citizen and a United States citizen to participate in their programme, work permits were issued by the Service.
The Service will continue to receive such applications from Durrell. In the interests of supporting this charitable work the Minister for Home Affairs is asked to ratify and thus formalise the practice of issuing these short-term work permits for overseas students seeking a voluntary placement under Durrell’s work experience programme.
Matters for Consideration
The programme, which is designed to provide practical experience in the areas of husbandry, animal care and research, benefits Durrell in a number of ways, namely:
- The programme contributes to their capacity building programme for conservation practitioners around the world;
- It allows the sharing of skills and knowledge to further conservation efforts;
- It reinforces Durrell’s global network of conservation practitioners;
- Approximately 50 placements are undertaken each year, providing an equivalent contribution to 10 full time members of staff. The organisation directly employs about 100 staff in the Island at any one time.
It is the view of the Customs and Immigration Service that Durrell is uniquely placed in Jersey; its mission to save species from extinction invariably requires wide-ranging international co-operation and collaboration. Whilst it is possible that other charitable organisations may seek to employ voluntary or temporary workers from outside the EEA, there is currently no evidence that this will occur. Work permit applications from other organisations would therefore need to be considered on a case by case basis.
The work placement students are unpaid, self-supporting and place no financial burden on the States of Jersey.
The Population Office has confirmed that Durrell has capacity within their existing staffing licence to engage non-locally qualified volunteers each year.
Durrell anticipate that they will apply for approximately 6 work permits each year for overseas nationals.
Recommendation
The Minister for Home Affairs is recommended to direct the Customs and Immigration Service to amend the Work Permit Policy and Procedures to allow non-EEA nationals to undertake voluntary training and work experience, as work permit holders at Durrell Wildlife Conservation Trust, subject to meeting the following qualifying criteria:
- The worker is 18 years old or over;
- The worker is an undergraduate or postgraduate student of a related degree (eg. zoology, animal behaviour) and provides documentary proof of this from the educational establishment;
- The placement will be of 12 months maximum duration.
Andrew Hunt
Assistant Director, Immigration and Nationality
11 December 2009