Control of Housing and Work (Jersey) Law 2012: Policy Guidance on Residential and Employment Status

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A decision made 16 May 2019:

Ministerial decision reference MD-C-2019-0056

Decision summary title

Control of Housing and Work - Policy Guidance on Residential and Employment Status

Decision summary author

Senior Officer Ministerial Support

Is the decision summary public or exempt?

Public

Report title

Control of Housing and Work - Policy Guidance on Residential and Employment Status

Report author or name of

person giving report

Senior Officer Ministerial Support

Is the report public or exempt?

Public

Decision and reason for the decision

Following the adoption of P.99.2018, “Entitled Status on Social and Economic Grounds: Changes to Legislation”, which requested that the Chief Minister amend the guidance for applications for Regulation 2(1)(e) status under Article 2 of the Control of Housing and Work (Jersey) Law 2012, the Assistant Chief Minister, in consultation with the Housing and Work Advisory Group, considered and approved the revised residential and employment status guidance.

The main change is that the new guidance makes it clear that all new applicants by Law must pay a minimum fiscal contribution of £145,000 per year.

Provided this defined and measurable criteria is met, other factors are also considered and taken into account in making a decision - such as reputational impact, or voluntary work, or sporting or cultural achievements.

This enables an application to be declined, even if the financial criteria is met, for example, to protect the Island’s reputation.

However, these other factors, such as reputation, voluntary work, or sporting or cultural achievement, remain subjective rather than defined and measureable, given the difficulty of quantifying and measuring on an ongoing basis such factors consistently, fairly, and in an enforcement manner.

For these reasons, and in line with the proposition, the guidance requires all applications, which includes documentation relating to financial and reputational matters, due diligence, and officer recommendations, to be referred to the Housing and Work Advisory Group, as Chaired by the Assistant Chief Minister, for their consideration.

In doing this, the decision does remain legally the preserve of the Chief Minister, as the corporation sole, but the decision-making process is broadened to enhance consistency and robustness.

The work of Migration Policy Development Board will continue to explore these and other policy issues around the 2(1)(e) initiative during the course of this year, ensuring that it continues to deliver positive benefits for the Island.

The new guidance will replace that currently in place published under reference R.42/2018, and be presented to the Assembly.

Resource implications

There are no resource implications of this decision.

Action required

The Greffier of the States to be provided with a copy of the Report and to be requested to arrange its presentation to the States as soon as practicable immediately prior to the making of the related Control of Housing and Work (Guidance on Temporary Absence and Significant Ownership) (Amendment) (Jersey) Order 2018, which will give effect to the guidance.

Signature

Position

Connétable Christopher Taylor

Assistant Chief Minister

Date signed

Effective date of the decision