Frequently Asked Questions
REGISTRATION
Q: Why do we need a population register?
A: At present we only have limited information about the number of people living in Jersey. Data gathered in the 2001 census has been updated to provide an estimate of total numbers, but we have little information on the migrant population and the housing status of many residents. A population register would help to build a reliable and up-to-date source of statistical information on the total population to help the States plan and implement policies, for example on housing and the environment, and to provide the appropriate level of public services, such as health care and education for the population needs.
The population register would also be an essential tool to help implement the migration policy, by including a classification of all residents, as entitled, licensed or registered-only. This will then provide unique evidence of a person’s eligibility for certain types of employment or access to controlled accommodation, and provide an effective mechanism to accurately monitor and influence the factors that affect migration to Jersey.
A population register, linked with unique evidence of registration, can then help to provide improved, more efficient and user-friendly public sector services across a wide range of the States administration.
Q: Who will need to register?
A: As far as possible, everyone who is currently resident in Jersey will become registered. Where possible, and subject to Data Protection requirements, this would be linked with Social Security registration.
All newcomers to Jersey will need to register as soon as they arrive, or before then, in order to obtain a job or accommodation. It will also be necessary to remove an individual’s registration when there is good reason to believe they are no longer resident in Jersey.
Only when someone’s registration category changes, for example by gaining a licensed job or residing in Jersey for the required number of years to become entitled, will they need to update their registration.
Everyone who registers will be provided with unique and authoritative evidence of their registration category.
Q: Who will be an entitled person?
A: An entitled person will be someone who qualifies as ‘local’ under the existing Housing regulations – that is, (a)‑(h) category under the Housing (General provisions) (Jersey) Regulations 1970, as amended.
This will include, for example, a person who was born in Jersey or the child of such a person, and any person who has lived in the Island the required number of years.
Q: Who will be a licensed person?
A: A licensed person will be someone who has been appointed to a job which has been assigned a licence by the employer, equivalent to (j)-category, or (k) category. This will normally be expected to be a specialised, highly skilled or qualified person – or a key job in the business for other reasons. Initially, all individuals employed in (j)-category jobs will be treated as licensed employees, for as long as they remain employed in that same job.
Q: Who will be a registered-only person?
A: A registered-only person will be someone who is not eligible to be classified as entitled and has not been appointed to a licensed job. Many registered-only residents are likely to stay in Jersey for a relatively short time, probably employed in seasonal and short-term jobs, and residing in lodging or staff accommodation.
Registered-only residents are distinct, of course, from temporary visitors and tourists who will not be registered and will not therefore be eligible to take up any employment or residential accommodation in Jersey.
Q: Will the population register comply with Data Protection and Human Rights requirements?
A: Yes. Full collaboration with the Data Protection Registrar and Law Officers will ensure that the proposed population register is fully compliant with all the requirements of the Data Protection (Jersey) Law 2004 and Human Rights (Jersey) Law 2000.
EMPLOYMENT
Q: What is a licensed job – and how can I get one?
A: Many employers will be allocated a specific number of job licences, which enable them to employ a maximum number of people who are not entitled under the new arrangements. The employer is free to decide which jobs in their business should be assigned a licence, and once somebody is appointed to that job they become a licensed employee.
The employer would normally assign licences to the jobs that are most difficult to recruit – possibly a specialised, highly skilled or qualified person – or a key job in the business for other reasons. A licensed employee might be recruited from outside or within the Island – possibly a registered-only person, or somebody who already has a licensed job in another business.
To get a licensed job, you will need to apply to an employer who has been allocated a number of licences, and be successfully appointed to a job that they have assigned a licence to.
Q: What will happen when my J-category licence runs out?
A: Initially, everyone who is currently employed as a J-category (i.e. an essential employee, allowed to work in a specific approved post) would become classified as licensed under the new arrangements. A licensed job could be for a fixed-term or indefinite period.
If a licensed employment contract is running out, it can either be renewed or not, as at present, subject to the relevant provisions of the Employment (Jersey) Law 2003, in which there is a presumption that a person is normally entitled to continuation of employment.
The employer will be able to decide, within his total allocation of licences and without needing individual consent from the Regulations of Undertakings and Development office, whether or not to extend the employee’s licensed employment in accordance with the Employment Law.
As long as a person continues to be employed on their existing contract, or if it is renewed, they will be eligible to stay in rented accommodation or possibly, in future, purchase through company-owned property.
Q: If I have a licensed job in the new system, what happens if I lose my job?
A: Under the Employment (Jersey) Law 2003, there is a presumption that, except for specific reasons, a person is entitled to continuation of employment.
If the employer does not renew the employment contract, for example due to redundancy or any other valid reason, the employee’s eligibility to occupy licensed accommodation ceases and, unless they take up another licensed post, will be required to vacate their licensed accommodation within a reasonable time. Consideration would, of course, be given to individual circumstances of hardship.
ACCOMMODATION
Q: What is ‘controlled accommodation’, and who can live in it?
A: ‘Controlled accommodation’ means all residential accommodation in Jersey except for registered lodging houses and staff accommodation linked to a business.
All residential addresses will be classified as ‘controlled’ apart from those that have been registered as lodging houses. Accommodation occupied by lodgers in part of a private residence will be included in the list of controlled accommodation, although occupation will be permitted for a limited number of lodgers providing there is also an entitled person resident.
Only people who are entitled can own and occupy themselves any controlled accommodation in Jersey.
Only entitled and licensed people can rent controlled accommodation.
A registered-only, licensed or entitled person will be eligible to occupy any lodging or staff accommodation.
Q: If I want to rent or buy a property to reside in, will I need to get Housing consent?
A: No.
If you want to rent a property to reside in, you will need to show the landlord evidence that you are registered as either licensed or entitled under the new arrangements. You will be provided with individual evidence of registration for this purpose. It will be an offence for the landlord to allow you to rent and occupy a property if you are not eligible to do so.
If you are planning to buy a property to reside in, you will need to show evidence that you are entitled to your advocate who is carrying out the transaction. You will be provided with individual evidence of registration for this purpose. It will be an offence for the advocate to carry out the conveyance of a property for you to live in if you are not entitled to do so.
Q: If I want to rent out or sell a property to someone – do I need to know if they are eligible to occupy it?
A: Yes, it will be a requirement for the landlord of a rented property, or the purchaser’s advocate when a property is sold, to ensure that the intending occupier is eligible to reside in it.
When a person registers, they will be provided with unique and authoritative evidence of their registration category: registered-only, licensed or entitled.
If you propose to rent out a property, you will be legally required to see evidence that the person who intends to rent and occupy the property is either licensed or entitled. It will be an offence to rent to somebody who has not provided this evidence.
If you are planning to sell a property, your advocate will need to see evidence that the person who intends to buy and occupy the property is entitled. It will be an offence for the purchaser’s advocate to convey a property to somebody who has not provided this evidence, and the sale could be void.
POPULATION
Q: Does this policy deal with the population issue?
A: The Island’s population is relatively stable at present – there is no overall excess inward or outward migration. However, the ageing of our society is leading to a natural increase in the Island population, due to a greater number of births than deaths as more people live longer.
The migration policy aims to balance the opposing pressures: on one hand, the need for a sustainable population size, matched with sufficient housing, employment and other facilities; on the other hand, the need to grow the Island’s economy to be able to afford to provide the public services and develop facilities we need for the existing residents.
The migration policy is a mechanism to enable the States to effectively ‘open or close the tap’ on inward migration. It does not itself determine whether fewer or more people should be able to settle in Jersey. But it does help to provide better information on the population so that the States can make more informed decisions, and will enable them to effectively implement their policies on population.
Q: How will the policy enable the States to tackle migration?
A: Jersey cannot simply close its doors to immigration – for example, by requiring work permits or visas for all immigrants. This is not allowed under international law. All western Europeans, Scandinavians and Baltic nationals, for example, are legally permitted to travel freely to Jersey and to stay in the Island.
So we need to have other ways to influence the number of people who might decide to come and live in Jersey.
The Housing Regulations have been used for many years to restrict the types of homes people can occupy, but they cause some people to stay in unsuitable accommodation and are unfair on those who have worked and contributed to our Island for many years. The Housing rules are also very complicated and difficult to understand and administer. The new proposals are fairer and simpler.
Instead, the new proposals restrict access to work – and if a person cannot get a job in Jersey, they are unlikely to want to stay for long. Only a fixed number of job licences will be issued to people who don’t have Island links, so this limits the number who can come to stay. However, we believe that if a person is working to make the Island a more prosperous place, and paying their way in our community, they should be able to have a decent place to live in.
Q: How do the proposals affect my rights or freedom to live or work in Jersey?
A: If you are Jersey-born or have close links to the Island, the policy does not affect your rights or freedom to live or work in Jersey any more than now. Also the opportunities for Jersey children to live and work in the Island are protected for the future.
For those who are not connected with Jersey, the new policy does restrict the opportunity to take up work in the Island. For example, a proportion of all jobs will be reserved for ‘local’ people – Jersey school leavers, people who are born in Jersey and those who have a close family connection. A fixed number of job licences will also be issued to businesses to allow them to take on ‘non-local’ people, for example if it is necessary to bring in new or specialised skills or to increase the number of workers who are producing greater prosperity for Jersey. The number of licences will be closely monitored to ensure that no more people are brought into Jersey than are required.
People who come to Jersey without any local connection, and who do not have a licensed job, will be restricted in the type of accommodation they can occupy. This will ordinarily be either lodging or staff accommodation.
Q: Doesn’t this policy open the doors to immigration?
A: In the absence of border controls, such as work permits or visas for all immigrants, there are limited ways that Jersey can effectively govern immigration. However, the proposed policy does offer, for the first time, an effective mechanism by which the States can either increase or decrease the level of immigration, without contravening the individual rights of people who are permitted to freely come and remain in Jersey. The policy works through applying economic constraints – whether or not a person can obtain a job – to influence whether they wish to remain in the Island. By closely monitoring and firmly controlling, through the existing Regulation of Undertakings and Development (RUDL) system, the number of jobs available, and the allocation of licences to businesses, it is possible to manage the level of employment and capacity for immigration. Clearly, if a migrant cannot get a job in Jersey, they are unlikely to stay for long.
However, the policy does provide a mechanism for the States, if they decide to do so and in line with their strategic policy, to open the doors to an agreed number of immigrants, who are likely to contribute substantially to our community wellbeing, economic prosperity and cultural diversity. This is essential, and is to be welcomed, if Jersey is to continue to achieve the level of economic growth needed to sustain our existing population and to develop future public services and facilities.
RIGHTS AND OPPORTUNITIES
Q: How will the policy affect those who have lived in Jersey all their lives?
A: This policy will have both direct and indirect benefits for all Jersey residents. For example, by reducing the bureaucracy around housing consents, it will directly simplify the procedures and make it much easier for entitled people to move to a new home.
By enabling the States to allocate an agreed number of jobs available to inward-migrants, where this promotes economic growth, the policy will help to keep down taxes and to provide the funding for improved public sector services.
The policy will not place any significant additional burdens on entitled residents, other than the once-only requirement to register.
Q: How will the policy affect the availability of jobs and housing for Jersey residents?
A: The policy will not itself determine the overall numbers of jobs available, either for existing residents or newcomers. However, within the limits set by other policies, it will enable the States to closely monitor and more effectively manage the employment market, thus protecting employment opportunities for existing established residents and Jersey school-leavers. By increasing or reducing the number of licensed jobs, the States will be able to effectively manage inward migration and promote economic growth within the available residential housing and other resources of the Island.
An important point is that the total allocation of licences to businesses will be carefully matched against the availability of residential accommodation, to ensure the demand for housing does not exceed supply and that the housing market therefore remains stable.
Q: How will the policy affect new arrivals to Jersey?
A: There will be an additional requirement for all new residents to Jersey to register as soon as, or before, they arrive in order to obtain employment or accommodation. However, this will not be substantially different from the existing obligation of Social Security registration before taking up a job.
However, for those who are initially registered-only, the policy provides the opportunity once they are living in Jersey to apply for a licensed job and, if they have the required skills, qualifications or experience, to gain licensed employment and access to a different accommodation market.
Those who come to Jersey directly into a licensed job will be eligible to rent any accommodation and, if the policy is agreed, become eligible to purchase property through company ownership.
There will be no requirement to obtain j-category permission from the Housing or RUDL department, since the assignment of licences will be at the discretion of the employer within the total number of licences they have allocated to them. The licensed employee will be permitted to continue their employment, subject to their employer’s continuation of their contract, until they become entitled.
THE ECONOMY
Q: How does the policy help businesses – won’t it just mean more bureaucracy?
A: The policy helps businesses in two important ways. It will reduce bureaucracy and enable improved efficiency by combining the existing RUDL and Social Security employers’ returns, enabling a single periodic return to include all the information at one time.
The policy will also simplify the system and give flexibility to employers to assign their licences to the critical posts for their operation, without needing to seek RUDL permission on an individual case-by-case basis. Employers could then decide to retain their staff in licensed jobs, and to extend their licensed contracts as appropriate.
Q: How does the migration policy support the need for economic growth?
A: It is intended that one of the outcomes of a simplified, more streamlined and efficient system for managing migration will be an environment that is attractive to new business and competitive with jurisdictions elsewhere.
By offering businesses flexibility in the way they can assign licences to jobs, without the need for case-by-case approval of each employee, it is hoped that they can use key appointments more effectively and with less bureaucracy to achieve the best results for their operation.
The concept of job licences, in conjunction with new employment legislation, promotes greater employment security and access to the types of accommodation necessary to attract high-calibre people with the expertise, skills and qualifications and to promote a prosperous and dynamic economy.
However, licensed jobs will not be at the expense of employment opportunities for local people. Jersey is already a centre of international excellence in off-shore finance, and if we wish to maintain employment opportunities for local people at all levels in this vital industry, it will be important to retain the best employees by offering attractive employment conditions.
It is considered that the proposed migration policy will support the necessary conditions to promote the growth of our key industry, without excessive inward migration, and give Jersey a significant advantage over some of its competitors.
GENERAL
Q: Why are these proposals better than the previous Housing controls?
A: There is little doubt that the application of strict housing controls has given rise to undue hardship for some families over many years, increased the cost of rental accommodation and lead to disincentives to potentially valuable businesses coming to Jersey.
The migration proposals relax some of the housing policies and replace them with tightly monitored employment. In effect, they replace housing inequity with economic incentives to manage the overall level of employment in Jersey at a level that is compatible with the Island’s population policy, housing supply and other resources. The new proposals are considered to be fairer for all, more effective and simpler to understand and administer.
