Work permit guidance notes for employers
Types of Skilled Work Permit Applications currently being considered by this Department
Before completing a skilled work permit application form, please read the following guidance notes carefully:
Work Permit Guidance Notes for Employers
In deciding whether or not to approve an application for a skilled worker the following is considered:
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there is a genuine vacancy,
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the vacancy was advertised widely in an appropriate manner,
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there were no suitable persons free of work permit restrictions to fill the vacancy,
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the wages and conditions of service offered are similar to those generally applicable in the island.
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The Customs and Immigration Service may also take into account the economic situation of the Island, the employee’s qualifications and character and any provision made by the employer for housing his employee.
Genuine Vacancy
How did the post become vacant, for example, as a result of:
Include in the application a full job description showing defined tasks that require specific skills and experience.
An employer may also be asked for details of the staff currently employed, including their jobs and responsibilities. In addition, a copy of the Regulation of Undertakings & Development licence may also be requested.
Advertising
As you will need to show why you cannot fill the post with a "resident worker" evidence of your advertising and recruitment methods are required.
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You should have advertised the job in the most appropriate medium that provides the best way of reaching suitably qualified "resident workers". This will normally be in local and national newspapers or professional journals. These publications should be readily available throughout the European Economic Area. If you use the internet you will need to show us that it is the most appropriate means of advertising the post in question to people in the United Kingdom and European Economic Area.
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Advertisements should normally give details of the post, the qualifications and experience needed and an indication of the salary or salary range. You should allow 4 weeks from the date the advertisement appears to receive applications.
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You should also give us details of the responses you received to all advertising or other recruitment methods you used. This should include the total number of people who responded, the number you short-listed for interview and full reasons why no "resident worker" was suitable for the post.
Newspaper advertising
This should normally be in the local press and in a suitable national newspaper, which is also available in Europe. The Times or Sunday Times, The Financial Times, The Daily Telegraph or Sunday Telegraph, The Independent or Independent on Sunday, The Guardian, The Observer are all likely to be acceptable depending on the vacancy.
Professional or trade journal
This is acceptable provided the journal is relevant to the job and readily available to anyone who wants to obtain a copy.
Recruitment Agency
If you decide to use a recruitment agency to place an advertisement you should justify why this is the most appropriate method to use. You also need to provide a letter from the agency used to confirm that they have conducted a recruitment search on your behalf. This should detail what methods they have used, as well as the results of their search.
Internet
This may be acceptable in some cases, but you will have to demonstrate that the website which has been used is the most appropriate place to advertise the job.
No suitable persons free of work permit restrictions to fill the vacancy
Please see our section on Who does not require a work permit
Wages & conditions of service offered are similar to those applicable in the island
The payment and conditions of the job are at least equal to those offered to an EEA National doing the same job in the local labour market.
Economic situation of the Island
The employment of a foreign national is of overall economic and social benefit to the Island.
Employee’s qualifications and character
Evidence of sufficient qualifications and/or work experience and skills. This will include educational, professional certificates and references on business headed note paper which must show the dates the employment started and ended along with the job title and a brief description of the duties and responsibilities held.
In general, a work permit application will not be approved to employ a person with an adverse immigration history, a criminal conviction (for example, drugs/fraud), or, their previous employment and conduct in the Island was unsatisfactory.
Provision made by the employer for housing his employee.
Accommodation should be provided by the employer and they may be asked to show evidence of this and also the appropriate Housing consent.
