Jersey Work Permit Policy: Inclusion of digital sector

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A decision made on 17 November 2016:

Decision Reference: MD-HA-2016-0068
Decision Summary Title :	Amendment of Jersey Work Permit Policy to include the digital sector		Date of Decision Summary:	11th November 2016
Decision Summary Author:	Director, Revenue and Immigration		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Amendment of Jersey Work Permit Policy to include the digital sector		Date of Written Report:	11th November 2016
Written Report Author:	Director, Revenue and Immigration		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment of Jersey Work Permit Policy to allow work permits to be issued to skilled persons within the digital sector
Decision(s): The Assistant Minister instructed the Director, Revenue and Immigration, to amend Jersey Work Permit Policy to include skilled positions within the digital sector
Reason(s) for Decision: Currently Jersey Work Permit Policy does not explicitly include the digital sector
Resource Implications: None
Action required: The Director, Revenue and Immigration, to arrange for Jersey Work Permit Policy to be amended accordingly
Signature:		Position: Assistant Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Work Permit Policy: Inclusion of digital sector

Community and Constitutional Affairs

Customs and Immigration

To: Minister for Home Affairs

Submitted by: Mark Cockerham, Director Revenue and Immigration

Date: 11th November 2016

Subject: Amendment of Jersey Work Permit Policy to include the digital sector

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. ‘Work Permits Jersey Policy and Procedures’ (Jersey Work Permit Policy) was last reviewed 01/08/2014; it sets out detailed instructions for caseworkers on how to make decisions on work permit applications.

Background

The criteria set out in the Immigration (Work Permits) (Jersey) Rules 1995 to which the Minister shall have regard before issuing a work permit are -

(a) the extent to which the vacancy exists;

(b) the manner in which and the extent to which the vacancy has been advertised, and the period for which the vacancy has been advertised;

(c) the availability of persons not requiring a work permit who have a level of experience or training adequate for the vacancy;

(d) the wages and conditions of service offered for the vacancy, and the wages and conditions of service applicable to the majority of persons similarly employed in Jersey; and

(e) the economic situation of Jersey.

Jersey Work Permit Policy sets out that work permit applications may be accepted for skilled positions in the following principal categories (where there are acknowledged to be skills shortages): chefs, healthcare professionals, finance and legal professionals and entertainers.

In September 2016 Digital Jersey approached the Customs and Immigration Service in order to discuss arrangements for targeted immigration, in order to permit the employment of skilled persons within the digital economy (to ensure local businesses had access to the talent needed to grow).

In October 2016 Officers from the Customs and Immigration Service met with Mr Lloyd Adams, Head of Strategy, Digital Jersey, who explained that there was a digital skills gap not only on the Island but also across the European Economic Area (EEA). Mr Adams pointed out that States of Jersey policy already emphasised the importance of high-growth sectors such as digital and on targeting immigration to address skills shortages in this area. He referenced the following policies: SoJ Strategic Plan, Digital Policy Framework, the Jersey Innovation Review recommendations, and Work Licensing initiatives launched between the Population Office and Digital Jersey.

The UK Government has recognised the importance of the digital technology sector and subject to meeting eligibility criteria non-EEA nationals may apply for visas under the Tier 1 (Exceptional Talent) or Tier 2 (General) routes. This points-based tier system is the way in which the UK Government manages the flow of migrants coming to work in the country. Jersey does not use this points-based assessment and instead continues to administer a work permit scheme and considers applications to employ non-EEA nationals against the Immigration (Work Permits) (Jersey) Rules 1995.

Consequently, creating a Digital Sector in Jersey would align our work permit policy with the UK rules on the employment of non-EEA nationals in this sector.

In order to accede to Digital Jersey’s request, the Work Permit Policy will need to be amended to include skilled positions within the digital sector.

Recommendation

It is therefore recommended that the Minister agrees a policy that work permits may be issued for skilled employees in the digital sector subject to each application meeting the requirements of the Immigration (Work Permits) (Jersey) Rules 1995.

Mark Cockerham

Director, Revenue and Immigration