Work Permit Policy: Skilled Chefs: Amendment

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A decision made on 8 October 2019

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0101
Decision Date: 2nd October 2019
DECISION SUMMARY TITLE: Amendment to Work Permit Policy: Skilled Chefs
DECISION SUMMARY AUTHOR:	Acting Assistant Director Immigration and Nationality	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Amendment to Work Permit Policy: Skilled Chefs
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Acting Assistant Director Immigration and Nationality	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: Further to MD-HA-2013-0073 which made changes to the work permit policy in relation to hotel and catering occupations, which included new eligibility criteria for skilled chefs of non-European Economic Area nationality, the Minister for Home Affairs approved the removal of the restriction which prevents chefs from working for an employer that provides a takeaway service. This is as a result of a change in the United Kingdom immigration rules on the application criteria for employers seeking to recruit skilled chefs of non-European Economic Area nationality. This will update the Jersey work permit policy and align Jersey’s immigration rules to those of the United Kingdom.
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: Jersey Customs and Immigration Service to make the appropriate amendment to the work permit policy in respect of applications to employ skilled chefs, to come into effect on the day the Ministerial Decision is signed. In addition, the information on gov.je in respect of the employment of skilled chefs of non-European Economic Area nationality is to be updated.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Work Permit Policy: Skilled Chefs: Amendment

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Paul Le Monnier, Acting Assistant Director, Immigration

And Nationality

Date: 2nd October 2019

Subject: Amendment to the Work Permit Policy: Skilled Chefs

The United Kingdom Immigration Act 1971, as that Act was 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.

In 2013 the then Minister for Home Affairs made changes to the work permit policy in relation to hotel and catering occupations in order to adopt the same policy as the Home Office, which included new eligibility criteria for skilled chefs.

Following a recent review by the Home Office they decided to make an amendment to their immigration rules and remove the takeaway clause and allow chefs to work for an employer that provides a takeaway service.

In accordance with the Jersey work permit policy to apply the same qualifying criteria as the United Kingdom for the employment of chefs, it is recommended that the Minister for Home Affairs removes the restriction which prevents chefs from working for an employer that provides a takeaway service.

Paul Le Monnier

Acting Assistant Director, Immigration and Nationality

Official

[1] Immigration (Jersey) Order 1993 https://www.jerseylaw.je/laws/revised/PDFs/21.700.pdf (as amended by The Immigration (Jersey) (Amendment) Order 2017)

https://www.jerseylaw.je/laws/enacted/PDFs/L-23-2017.pdf