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Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Control of Housing and Work (CHW) Law: business licensing and employee status guidance

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Introduction​

This guidance explains how Jersey’s Control of Housing and Work (Jersey) Law 2012​​ affects setting up or running a business, employing staff and applying for the right business or staffing licences.

It covers: 

  • ​the different types of licences
  • when they are needed
  • when exemptions may apply
  • how much they cost
  • how applications are reviewed​

It also explains: 

  • ​employee CHW status
  • when extra permission is needed to employ some workers
  • the rules for changing business ownership

It includes a section that explains: 

  • who can make decisions on business matters
  • which decisions can be reviewed or appealed
  • how to ask for a review or appeal
  • the main steps in each process

The Business Hub team is responsible for administering these controls under the Control of Housing and Work (Jersey) Law 2012​. 

The Business Hub is part of Employment, Social Security and Housing (ESSH).

For information about individual guidance, see Control of Housing and Work Law: guidance for individuals.

For information about housing guidance, see Control of Housing and Work Law: housing guidance​.​

Standard status replaces Registered status

From Monday 14 September 2026, ‘Standard’ CHW status replaces ‘Registered’ CHW status.

This change has been made to reduce confusion between ‘Registered’ status, and other uses of registered within the legislation and guidance, for example, ‘registered’ accommodation and entities on Island that will be ‘registered’ with other professional bodies. 

Standard status is treated in exactly the same way as Registered status.

There is no requirement for:

  • ​any person with Registered status to change to Standard status
  • any business to amend their business licence to account for this change

Individual statuses and business licences will be updated as they are renewed. In the interim the use of ‘Standard’ and ‘Registered’ status are interchangeable. 

Control of Housing and Work (Jersey) Law 2012 (the ‘CHWL’)​

The Control of Housing and Work Law (CHWL)​, and associated legislation, provide legislation and mechanisms that can be used to control the overall population density of Jersey.

Maintaining a sustainable population is imperative on an Island with finite resources of land, to ensure that the needs of our population now, and in the future, are met. 

The controls exercised by the CHWL cover 4 main areas: 

  1. running a business
  2. employing staff 
  3. occupying domestic accommodation 
  4. transacting property 

This document provides information on: 

  • running a business 
  • employing staff 

Controls on the availability of work and housing in Jersey are used 'in such a way that is in the best interests of the community in Jersey'.  

The legislation and guidance seek to provide a balance between a sustainable population whilst ensuring that businesses and the community can source the staff, skills, goods and services that they need.

Read more in the Control of Housing and Work (Jersey) Law 2012​

Control of Housing and Work Law status

Almost everyone above school leaving age who lives or works in Jersey has a Control of Housing and Work (CHW) status. 

Visitors to Jersey are not covered by the CHW Law and they do not have a CHW status. 

The CHW Law allows for some types of business owner and workers who are in the Island for limited periods to be exempt from having a CHW status.

There are 6 types of CHW status: 

  1. Permanent Entitled (PE) 
  2. Entitled (ENT) 
  3. Licensed (LIC) 
  4. Licensed for Lease Only (LLO) 
  5. Entitled for Work Only (EFW) 
  6. Standard (STN) 

Business Licences: general information

Requirement to have a business licence

A key control established by the CHWL is that anybody wishing to run a business in Jersey, or to employ staff in Jersey, must have a CHWL business licence to do so.

A business licence is needed for any trade, business or activity: 

  • whether carried on for profit or not 
  • involving work or services performed for, or offered to, members of the public, including a section of the public  
  • which is carried on in Jersey by any person  

There are exemptions from the need to have a business licence to cover short term visits and work for short periods of time, or to a small number of people.

It's an offence for a business to operate without the appropriate licence, for which the maximum penalty is imprisonment for 2 years and a fine. 

Business owners must also comply with any other regulations or requirements in respect of their particular business. Holding a CHWL licence is not a substitute for obtaining any other permission needed to operate the business, that i​​s required under any other law, regulation or licensing body.  

Find more information on industry specific licences and regulations​.

Types of business licence​​

Licence type ​
Details Link 
Resident business licence Required by anyone wishing to run a business or organisation based permanently in Jersey, or a non-Jersey based business that has at least one employee working for them physically based in Jersey.  Start up a business: step by step guide 
Non-resident business licence 

Required by visiting businesses completing specific contracts of work in Jersey and then returning home (for example, a UK construction company completing part of a Jersey building project).

Required by a visiting person or business wishing to sell (or offer the sale of) goods or services direct to customers in Jersey and then return home.

Required by anyone wishing to sell goods door to door in Jersey.

Apply for a non-resident business licence to work or trade​ in Jersey ​


Fees for business licences

Fees for applications within the CHWL are set out in the Control of Housing and Work (Fees) (Jersey) Order 2026 on Jersey Law. 

As of 1 January 2026 fees for business licences are: ​​

Type of Business Licence 
Number of days of proposed operation  Fee 
Resident business licence Not applicableNo fee 
​Non-resident business licence   ​​
​​
​​ ​​ ​
30 or less £636.52 
31 to 60 £1274.07 
61 to 90  £1910.60 
91 to 180  £2548.15 
181 to 270  £3503.45 
271 to 365 (or 366 in a leap year)  
£4459.77 



Decision making process for business licences

When deciding whether to grant a business licence the following matters are relevant: 

  • the Council of Ministers’ population policy, and any other relevant policy of the States of Jersey  
  • preserving and maximising the benefits of Jersey’s resources, including Jersey’s biodiversity and natural environment  
  • promoting a balanced and prosperous economy  
  • protecting the integrity and reputation of Jersey in commercial and financial matters 
  • whether such a grant would be in the best interests of the public of Jersey 

The most relevant policy of the States of Jersey is, in particular but not exclusively, the Council of Ministers’ common policy position on population, and a desire to have a sustainable population for Jersey. 

This is considered alongside Jersey’s commitment to honour its WTO GATS and Free Trade Agreement requirements (see section World Trade Organization General Agreement on Trade in Services and Free Trade Agreements).

Other policies dealing with the reputation of Jersey are also important:  

  • promoting Jersey as a well-respected jurisdiction in which to do business 
  • promoting the widest interests of the Island

The vast majority of applications are dealt with quickly and easily, based upon the information supplied, and in line with our customer promise of:

  • 5 working days for resident business licences
  • 10 working days for all non-resident business licences

A small number of applications will present a unique range of facts and circumstances and will be considered accordingly.

For the avoidance of doubt, the CHWL is applied without being restricted by past decisions that conflict with current policies. 

Check if you need immigration permissions

Regardless of the type of business licence applied for, all persons who are non-British or non-Irish citizens need immigration permission to work in Jersey.  

Immigration permissions can include: 

  • EU nationals with Settled or Pre-settled status 
  • UK Ancestry visa 
  • indefinite leave to remain 
  • work permit visa 
  • work permit dependent visa 
  • spouse or partner visa

Employer requirements

You must make sure all staff coming to Jersey, including yourself, will meet our immigration requirements before applying for your licence.  

Employee requirements 

You must make sure you meet our immigration requirements before working in Jersey. 

For more information on immigration permissions required to work in Jersey contact the Jersey Customs and Immigration Service:  

Find out more about the work permit policy​.

Staffing licences: general information​

Resident businesses wishing to employ people with Standard, Licensed, or Licensed for Lease Only status will, in most circumstances, require a staffing licence.

A staffing licence is not required if: 

  • a business does not pay any staff 
  • you have an exemption from holding a staffing licence​
  • a business does not employ any staff with the following CHWL statuses: 
    • Standard 
    • Licensed 
    • ​Licensed for Lease Only status

Licence applications

Resident business licence

A resident business licence allows a business to carry out its activity in Jersey.​

It is required by: 

  • anyone wishing to run a business / organisation based permanently in Jersey 
  • a non-Jersey based business that has at least one employee working for them physically based in Jersey
  • the business or activity does not benefit from an exemption to hold a business licence

It allows the business to employ any number of individuals with the following CHWL status: 

  • Permanent Entitled 
  • Entitled 
  • Entitled for Work Only

Jersey doesn't limit the number of resident business licences, but staffing licences are subject to restrictions on the number of persons who may work for that business where those people don't hold Permanent Entitled, Entitled or Entitled for Work Only CHWL status.

A business must confirm the Permanent Entitled, Entitled, Entitled for Work Only or Standard CHWL status of a potential employee before offering employment.

If an employee will use a Standard, Licensed or Licensed for Lease Only CHWL status a business must ensure that the role in their business will qualify for the issuance of the relevant CHWL status before they are employed. 

Before applying for your business licence, you need to ensure that all staff coming to Jersey meet our immigration requirements.

Resident business licences can be issued to: 

  • individuals who have Permanent Entitled, Entitled or Entitled for Work Only CHWL status 
  • ​employers based outside Jersey who have one or more employees working for them permanently in Jersey 

Exceptions can be made on a case-by-case basis for individuals with Standard, Licensed and Licensed for Lease Only CHWL status where applications support the business licensing matters.

Resident business licences are normally granted for an indefinite period, but some licences may be granted with an expiry date or a review period. 

Staffing licence

Unless an exemption applies, businesses wishing to employ people with Standard, Licensed, or Licensed for Lease Only status require a staffing licence.

A staffing licence sets out the maximum number of individuals with Standard, Licensed or Licensed for Lease Only status that a business may employ. This information is recorded upon your staffing licence as staffing permissions. 

A business can only employ a person with Standard, Licensed or Licensed for Lease Only CHWL status if they have the appropriate staffing permission on their staffing licence to do so. 

Staffing licences may contain conditions, including: 

  • the type of work for which the staffing licence is granted 
  • the maximum number of people able to work in the business with a certain CHW status, or in any type of work or role 
  • the identity and status of a particular person able to work in a role 
  • a review period ​

Registered and or licensed staff application form ​

Disclosure and Barring Service (DBS) checks (criminal record checks)

If you work with vulnerable adults or children, all business owners must provide a Disclosure and Barring Service check (a basic criminal record check) from within the last 6 months, as part of your application. 

If you have a standard or enhanced DBS check that is dated within the last 6 months you can submit this.

If you're currently subscribed to the DBS update service you can provide a screenshot of your DBS certificate. This must include: 

  • the date and time stamp in the bottom of your computer screen
  • be accompanied by your original DBS check

If you don't have a DBS check and wish to obtain a basic DBS check, you can request a basic DBS check on gov.uk. There will be a cost associated with this service. 

Request a basic DBS check on gov.uk​​

A condition may be imposed upon the staffing licence to require DBS checks to be obtained in respect of any staff or persons involved in the business. 

Exemptions: when a resident business licence isn't required

The Control of Housing and Work (Licences and Exemptions) (Jersey) Order 2026 on Jersey Law (‘the Exemptions’) sets out the full details of all the exemptions that might apply, and the relevant section to each exemption is highlighted below.

You don't need a resident business licence if any of the following apply: 

  • you are a sole trader or a company, you have no employees, you work for less than 8 hours per week, and you have Permanent Entitled, Entitled, Entitled for Work Only, Licensed or Licensed for Lease Only status 
  • every person in the resident business carries out a ‘regulated activity’ in Jersey for 60 days or less in a 12 month period as a member of a governing body or entity, see Schedule 2(1) 
  • every person in the resident business carries out an activity that is managed by a person or body of persons who carry out regulated activities, see Schedule 2(2)
  • the business provides accommodation to 5 or fewer separate premises or units of accommodation in Jersey, you do not carry out property development and you are not required to be registered under Tourism, Nursing Home, Regulation of Care or Lodging House legislation, see Schedule 2(3) 
  • the business provides the following domestic or personal services to no more than 2 households, see Schedule 2(4): 
    • gardening 
    • cleaning (indoors and outdoors) 
    • cooking 
    • ironing 
    • nursing, or other personal care services
    • ​looking after children 
  • you're carrying out activities as a business visitor for establishment purposes, see Schedule (1)(5)(2) 
  • no one receives any form of payment of any kind (including the owner) 

Exemptions: when a staffing permission isn't required 

The Control of Housing and Work (Licences and Exemptions) (Jersey) Order 2026 on Jersey Law​ (the 'Exemptions') sets out the full details of all the exemptions that might apply, and the relevant section to each exemption is highlighted below. 

You don't need a staffing permission to employ a person if any of the following apply: 

  • where the person is a ‘replacement worker’ taking over the role of an existing person, for a period of 30 days or less to allow for an overlapping replacement / handover period, see Schedule 3(2) 
  • where the person is a ‘cover worker’ providing cover for an existing member of staff who is on leave for a period of:
    • 52 weeks or less for parental or sick leave 
    • up to 3 months for any other leave (including secondments and leave for training purposes) 
  • whilst a Standard, Licensed or Licensed for Lease Only person works for another business for more than 25 hours per week, they are able to work in a second job for your business, without you as the second employer requiring a further staffing permission, see Schedule 3(4) 
  • where an ‘agency worker’ is sent to work in a business, your business does not require a staffing permission to employ that agency worker 
  • where a worker is carrying out the following exempt employment activities: 
    • a ‘regulated activity’ in Jersey for 60 days or less in a 12- month period as a member of a governing body or entity, see Schedule 2(2) 
    • work for the Jersey branch (which holds a resident business licence) of an international group for a period of 60 days or less, see Schedule 1(4) 
    • work as a business visitor for establishment purposes in Jersey for a period of up to 90 days, see Schedule 1(5)​​
  • where a ‘short-term worker’ works in a business for 10 days or less in a 12-month period 
  • ​​where the worker became ordinarily resident in Jersey before the age of 25, is in full-time education, has remained continuously resident in Jersey and is financially dependent upon a parent living in Jersey and where that parent has Permanent Entitled, Entitled, Licensed, Licensed for Lease Only or Entitled For Work Only status ​​

Applications for new resident business licences and staffing licence

​Fill out the form below to apply for a new resident business licence and staffing licence.

Apply for a new business application​​

Resident business licence cost

There is no fee for a resident business licence. 

Staffing licence cost 

A business with a staffing licence must pay an annual fee calculated upon the maximum number of individuals with Licensed, Licensed for Lease Only or Standard CHW status that the licence states may work in or for the business on 1 November each year.​

CHW Permission 
Annual Cost 
Standard £55.14 
Standard held by an employment agency £551.40 
Licensed £247.02 
Licensed for Lease Only £247.02 




​

Non-resident business licence

Businesses from outside Jersey coming to work on the Island must have a non-resident business licence. This can be issued to a non-resident company, partnership or sole trader. 

Non-resident businesses will either: 

  • be coming to Jersey to work on a pre-agreed contract for a resident business or individual
  • using a place in Jersey to sell or offer to sell goods or services to the public, or buy or offer to buy goods from the public

You must have a licence before you start the work in Jersey, and you must bring it with you when you travel to the Island.

You will have one non-resident business licence at any one time. Any changes to your non-resident business licence will require a new application and application fee.  

A licence lasts up to 12 months. If your work extends longer than you planned, you can apply for a new non-resident business licence. You will pay for the new period of time that you wish to cover from the day of the application.

You need to pay for your licence. The cost depends on the number of days you propose to work in Jersey.

Exemptions: when a non-resident business licence isn't required

The Control of Housing and Work (Licences and Exemptions) (Jersey) Order 2026 on Jersey Law (the 'Exemptions') sets out the full details of all the exemptions that might apply, and the relevant section to each exemption is highlighted below. 

You don't need a non-resident business licence if you are a non-resident business and any of the following apply: 

  • you are a person that carries on a business in Jersey for 10 days or less in a 12 month period, and you are not a ‘non-resident trading business’, for example, you are fulfilling pre-arranged contracts in Jersey and are not selling, offering to sell, buying or offering to buy goods from a place/s in Jersey, see Schedule 2(5) 
  • the non-resident business carries out a ‘regulated activity’ in Jersey, see Schedule 2(1) 
  • the non-resident business carries out an activity that is managed by a person or body of persons who carry out regulated activities, see Schedule 2(2) 
  • the non-resident business provides accommodation in Jersey, does not carry out property development and is not required to be registered under Tourism, Nursing Home, Regulation of Care or Lodging House legislation, see Schedule 2(3) 
  • you are carrying out activities as a business visitor for establishment purposes – see Article 5(2) 
  • the non-resident business is responding to a critical incident as designated by the Minister, see Schedule 2(6) ​

Applications for non-resident business licences

You must apply for a new licence if: 

  • you are coming to Jersey to undertake a new contract of work
  • you wish to increase the number of days on a licence for an existing contract
  • you wish to amend your current licence, for example: to add new contracts to, or remove contracts from your licence

Apply for a non-resident business licence to work in Jersey

You must have a contract in place before you apply for your licence (unless you are a non-resident trading business). 

You must have a business licence that covers all contracts that you undertake in Jersey.

You can complete the application form if you're the non-resident business coming to Jersey to work or you are the Jersey business or individual issuing the contract.

Before you complete the application form, make sure you have: 

  • details of the non-resident business 
  • details of the Jersey business or individual who the contract is with, including start and end date, number of days you’ll work and addresses where the work will take place
  • a debit or credit card to pay for the licence (contact us if you cannot pay this way) 
  • if needed, the correct immigration permissions for you and your staff

Non-resident trading businesses

If you come to Jersey (as in, you don't live in Jersey) to sell, offer to sell, buy, or offer to buy goods or services, you’ll be treated as a non-resident trading business. Your application process is the same, but you do not benefit from an exemption from a business licence at any time.   

You will need a non-resident business licence from the first day you're in Jersey.

As part of your application, we will carry out enhanced checks on business owners, employees and businesses and liaise with the Jersey Trading Standards Service. 

Non-resident business licence cost​ 

The cost for your licence depends on the number of days you'll work in Jersey within a period of 12 months. 

World Trade Organisation General Agreement on Trade in Services and Free Trade Agreements

Jersey is party to the World Trade Organization General Agreement on Trade in Services (GATS), and to a number of Free Trade Agreements (FTA).

These agreements provide local businesses with preferential market access, phased tariff reductions on goods, and clearer regulatory frameworks for service providers. 

The CHWL is compatible with all obligations within the GATS and FTA frameworks. 

Business licences and Mode 3

GATS Mode 3 allows a service supplier to establish a commercial presence in Jersey.

The CHWL allows any business outside Jersey to set up a business within Jersey and does not seek to control business ownership. The CHWL does not deny business licences to protect domestic service suppliers.

​Ownership of a business does not confer a right to work on-island in that business or to obtain a permission to work in that business.

The CHWL does not limit the number of business licences, but business licences may be subject to restrictions on the number of persons who may work permanently for that business where they don't have a CHW status of Permanent Entitled, Entitled or Entitled for Work Only CHW status. This provides a control on the overall population of an island with limited resources of land and housing.  

CHWL rules ensure that employers can use any of the Mode 4 routes below. 

Temporary workers and Mode 4

Mode 4 allows an individual service supplier to move temporarily to Jersey to supply a service.  

Where a temporary worker holds the required immigration permission, routes exist within the CHWL and associated legislation, either through exemption or through access to Standard, Licensed for Lease Only and Licensed permissions, to ensure all appropriate  service suppliers can work temporarily in Jersey: 

  • business visitor for establishment purposes  
  • short term business visitor  
  • intra-corporate transfers  
  • contractual Service Suppliers   
  • independent Service providers 

‘Economic Needs Test’ don't form any part of considerations in giving access to individual service suppliers.

Manpower returns

All businesses with a resident business licence must provide a regular statement of the name and current residential status of staff engaged. This is known as a ‘Manpower return’.

For businesses with just working owners (no employees) this is required every 6 months. You will receive an email from the Business Hub to remind you to submit your return.

For employers, this is required every month and is submitted alongside your employees’:

  • tax (ITIS)
  • Social Security contributions on the Combined Employer Return, made to Revenue Jersey

All working owners must also be declared on the return.

This information enables the Business Hub to confirm compliance with any licence conditions and provides valuable statistics on employment in the Island.

Manpower returns

Employing staff

Businesses can employ as many people with Permanent Entitled, Entitled or Entitled for Work Only CHW status as they wish (provided they have a resident business licence) and don't need to apply for a staffing licence to employ people with that status.

CHW Status 

Adults living in Jersey have one of the following CHW statuses:

CHW status
Employment 
Permanent Entitled (PE) Can work and be employed anywhere.
Entitled (ENT) Can work and be employed anywhere. 
Entitled for Work Only (EFW) Can work and be employed anywhere. 
Licensed (LIC) 

Employee can only work for an employer with a LIC permission to employ them. 

Employer needs permission to employ a LIC person.

Licensed for Lease Only (LLO) 

Employee can only work for an employer with a LLO permission to employ them. 

Employer needs permission to employ a LLO person. 

Standard (STN) 

Employee can only work for an employer with a STN permission to employ them. 

Employer needs permission to employ a STN person.




Annual fees

Businesses are required to pay an annual fee for each Standard, Licensed and Licensed for Lease Only permission held upon their staffing licence on 1 November. 

This fee applies whether the permission is filled with an employee or not on that date. ​

CHW Perm​ission 
Annual Cost 
Standard £55.14 
Standard held by an employment agency £551.40 
Licensed £247.02
Licensed for Lease Only £247.02 


​




Non-profit organisations, as defined in the Non-Profit Organizations (Jersey) Law 2008, are not required to pay an annual fee.

States bodies, as defined in the Public Finances (Jersey) Law 2019​, are not required to pay an annual fee.​​

Permission to employ people with Standard, Licensed and Licensed for Lease Only status

Any organisation that wishes to employ someone with a Standard, Licensed or Licensed for Lease Only CHW status must have the appropriate staffing permission upon their staffing licence to do so.

If they don't have an existing staffing permission, they must apply to the Business Hub be granted permission to employ a person with Standard, Licensed or Licensed for Lease Only CHW status before offering employment. 

Where a permission is granted, it will be added to the staffing limits shown on the staffing licence. Additional conditions may also be attached to the staffing licence including, but not limited to:  

  • the period for which the permission lasts  
  • the name of the specific employee who is covered by the permission 
  • a description of the role or types of roles for which any Licensed or Licensed for Lease only permission may be used 

A business must confirm the CHWL status of a potential employee before offering employment.

Where an employee will utilise a Licensed or Licensed for Lease Only CHWL status a business must ensure that the role in their business will qualify for the issuance of the relevant CHWL status before they are employed.

A business can only employ a person with Standard, Licensed or Licensed for Lease Only CHWL status if they have the appropriate permission on their staffing licence to do so.

It's an offence for a business to operate without the appropriate business or staffing licence, or to fail to comply with any business or staffing licence conditions, for which the maximum penalty is imprisonment for 2 years and a fine.

You need to ensure that all staff coming to Jersey meet our immigration requirements.

Applying for permission to employ persons with Standard, Licensed and Licensed for Lease Only status ​

You can apply for permission to employ persons with Standard, Licensed or Licensed for Lease Only CHW status using the form below.​

Registered and licensed staff application

Requests for permissions to employ persons with Standard, Licensed and Licensed for Lease Only CHW status will need to demonstrate why it is not feasible to find persons with Permanent Entitled, Entitled or Entitled for Work Only CHW status to fulfil those roles.

Application forms will request information to cover the following: 

  • details of the roles you are seeking Standard, Licensed for Lease Only or Licensed permission for including:  
    • salary 
    • experience and qualifications 
    • ​​​contract type and contracted hours 
  • what you have done to find suitable Permanent Entitled / Entitled / Entitled for Work Only candidates 
  • what your business does to attract, retain and develop staff 
  • details of identified candidates you wish to employ along with why they’re most suited (if relevant)

We may request further information from you including business plans, financial forecasts and market analysis.

Criteria used to review applications for permission to employ persons with Standard status

Applications for permission to employ Standard workers as short-term seasonal workers or on temporary immigration work permits will generally be supported. This is because seasonal/temporary permissions do not add to the permanent resident population of the Island.

Applications to employ Standard workers must meet all qualifying criteria: 

  • the role meets a salary threshold of £30,000 or the specific job’s ‘going rate’, whichever is the higher (pro rata for fixed term contract roles). The ‘going rate’ is specific to the job and is the salary that an employee in that role would typically earn in Jersey.  

Or: 

  • the role is a seasonal / temporary role at minimum wage or the going rate for the role, whichever is higher 
  • the business does not already have a spare Standard permission that could be used for this role 
  • the business has satisfactorily explained why they have been unable to find Permanent Entitled / Entitled / Entitled for Work Only applicants

Criteria used to review applications to employ persons with Licensed status   

Applications to employ persons with Licensed CHW status must meet all qualifying criteria:

  • the role is ‘full-time’, is for more than 25 hours per week
  • the role is a permanent role, not a fixed term contract
  • the business has satisfactorily explained why they have been unable to find Permanent Entitled, Entitled, or Entitled for Work Only CHW status applicants

And:

  • the role meets a salary threshold of £60,000 or the specific job’s ‘going rate’, whichever is the higher. The ‘going rate’ is specific to the job and is the salary that an employee in that role would typically earn in Jersey.  Any pro rata contracts must still meet the minimum salary level of £60,000

Or:

  • the role is below the £60,000 threshold and is ​1 of the roles in the following table
RoleQualifying criteria
Police Officer
  • rank of Police Constable and above
  • completed specific Police training
Residential Childcare Officer
  • Level 3 Diploma in Residential Childcare or above as specified by Jersey Care Commission 
  • registration with the Jersey Care Commission
Social worker
  • Jersey Care Commission Registration 
  • registration with Social Work England (SWE)  
Teacher
  • Qualified Teacher Status

It also includes the healthcare related roles for Government of Jersey or an eligible entity in the following table.​

Role​Qualifying criteria
Ambulance paramedic
  • Jersey Care Commission Registration 

Biomedical scientist

Occupational therapist

Operating department practitioner

Physiotherapist

Podiatrist

  • Jersey Care Commission Registration 
  • registration with the Health and Care Professions Council (HCPC)
Doctor of medicine

Nurse

Specialist Community Public Health nurse 

  • Jersey Care Commission Registration 
  • registration with the Nursing and Midwifery Council (NMC) 

Pharmacist 

Psychotherapist

Osteopath

  • Jersey Care Commission Registration

Dispensing optician

Optometrist

The above listed health and care related roles outside Government of Jersey or an eligible entity (in private sector)Health or care professional who has been living in Jersey for a continuous period of 5 years or more and meeting same qualifying criteria for corresponding role listed above


Qualifying criteria and roles will be amended by the Minister over time to maintain a sustainable population. Any submissions from businesses and representative bodies for the addition, removal or amendment of the qualifying roles or criteria should be sent to the Business Hub.

Criteria used to review applications to employ persons with Licensed for Lease Only status

Applications to employ persons with Licensed for Lease Only CHW status must meet all qualifying criteria:

  • the role is ‘full-time’, more than 25 hours per week
  • the role is a permanent role or a fixed term contract 
  • the business does not already have a spare Licensed permission that could be used for this role 
  • the business has satisfactorily explained why they have been unable to find Permanent Entitled, Entitled or Entitled for Work Only applicants

And

  • the role meets a salary threshold of £54,000 or the specific job’s ‘going rate’, whichever is the higher. The ‘going rate’ is specific to the job and is the salary that an employee in that role would typically earn in Jersey. Any pro rata contracts must still meet the minimum salary level of £54,000 

Or

  • the role is below the £54,000 threshold and is 1 of the roles in the following table

Role​ Qualifying criteria
Education Support Staff 
  • working within Early Years or school setting, at Grade ESSF05 or above  
  • minimum qualification of NVQ / CACHE level 2 or equivalent in Early Years Childcare and Education, Childcare and Education or equivalent accredited qualification in Teaching and Learning   
  • those present in Jersey for at least 5 years can access role without qualification but with requirement to complete the same minimum qualification level 
Trainee Teacher (don't have Qualified Teaching Status)
  • degree in relevant subject 
  • Post Graduate Certificate in Education (PGCE) or On-Jersey Graduate Teacher Training Programme 
Nursery officer role
  • employed within a Day Nursery, Pre-school or State's Nursery, registered as such under the Day Care of Children (Jersey) Law 2002 
  • in role requiring a minimum of a NVQ Level 3 Qualification in Childcare
Trainee Residential Childcare Officer
  • in training to achieve qualified status (Level 3 Diploma in Residential Childcare) within a 2 year period 
Dental hygienist 
  • Jersey Care Commission Registration 
Dental and Orthodontic therapist 
  • Jersey Care Commission Registration 
Newly-qualified Veterinary Surgeon  
  • newly-qualified Veterinary Surgeon  registered with the Royal College of Veterinary Surgeons (RCVS) 
  • employer in a veterinary practice that is a RCVS approved veterinary training centre 
Veterinary nurse 
  • NVQ Level 3 Diploma or above approved by RCVS 
  • registered as a veterinary nurse with the Royal College of Veterinary Surgeons (RCVS) 
Zoology specialist team leader 
  • employed at Jersey Zoo as a Team Leader with direct responsibility for animal care and relevant qualification 
Zoology associate veterinarian 
  • employed at Jersey Zoo as an associate veterinarian with relevant qualification 
Hospitality and retail manager in the senior management team 
  • Senior manager who primarily directs the management of a commercial entity registered for GST, receiving general supervision or direction principally from the board of directors or stockholders of the body, or from persons with equivalent responsibility to a board of directors or shareholders 
Senior or Head Chef 
  • role of Senior, Head, Executive Chef 
  • relevant qualification or experience 
Essential infrastructure specialist 
  • relevant industry recognised qualification (not trainee or apprentice) relevant to role 
  • employed in approved role directly providing essential infrastructure as recognised by Minister (engineers not managers)  
Pilot, Captain, First Officer and Engineer in locally based private airline 
  • resident in Jersey 
  • employed by a locally based private airline as a qualified: 
    • Pilot 
    • Captain 
    • First Officer 
    • Engineer  
Financial sector specialist including trust, compliance, governance and risk  
  • relevant compliance, governance, risk qualification (for example): 
    • Char tered Institute for Securities and Investments (CISI) 
    • International Compliance Association (ICA) 
    • Association of Certified Anti-Money Laundering Specialists (ACAMS) 
Qualified accountant
  • relevant accountancy qualification (for example): 
    • Chartered Accountant qualification: Associate Chartered Accountant (ACA) 
    • Association of Chartered Certified Accountants (ACCA) 
    • Institute of Chartered Accountants in England and Wales (ICAEW)
Qualified religious minister
  • employed by a recognised religious body as a religious leader on Island
Field Squadron role​
  • roles as appointed by Ministry of Defence for Jersey Field Squadron



​






It also includes the healthcare related roles for Government of Jersey or an eligible entity in the following table.​​

Role​ Qualifying criteria
Emergency Medical Technician
  • First Response in Emergency Care (FREC) NQF Level 5
Pharmacy Technician
Nursing Associate
  • registration as a Nursing Associate with Jersey Care Commission 
  • registration with the Nursing and Midwifery Council (NMC), or the National Council of Palliative Care (NCPC) 
  • minimum level 5 Foundation degree level specific to Nursing Associate practice
Healthcare Assistant and Support Worker  
  • employer is a registered care service provider with the Jersey Care Commission 
  • relevant qualification at RFQ Level 2 or above 
  • minimum salary of £34,000  


Qualifying criteria and roles will be amended by the Minister over time to maintain a sustainable population. Any submissions from businesses and representative bodies for the addition, removal or amendment of the qualifying criteria should be sent to the Business Hub (see section ‘Introduction’).

Eligible entities​

Eligible entities are businesses and non-profit organisations that provide specified services that attract government funding.

Eligible entities are able to apply for permission to employ persons with Licensed or Licensed for Lease Only CHW status in respect of agreed roles that fall below the specified salary level.  

The Minister maintains a list of organisations that are considered to be ‘eligible entities’ for the purposes of the CHWL (See appendix 1).  

These organisations include care homes and care agencies, GP surgeries, community pharmacies, childcare nurseries, and those that provide adult day care services, nursing services and social work services. 

Non-profit organisations

‘Non- profit organisations’, as defined within the Non-Profit Organizations (Jersey) Law 2008 aren't required to pay annual fees to employ persons with a Standard, Licensed or Licensed for Lease Only CHW status. 

States bodies

‘States bodies’, as defined within the Public Finances (Jersey) Law 2019​, aren'​​t required to pay annual fees to employ persons with a Standard, Licensed or Licensed for Lease Only CHW status. 

Varying a resident b​usiness licence

A resident business licence can be varied at any time by: 

  • the business: applying for a variation of a condition on the licence
  • a determining officer: with written notice, varying a condition of the licence ​

Business ownership and changes of ownership

Limited companies

An intention to make a ‘significant change of ownership’ under the CHWL requires an application for a new business licence.

Business change of ownership application

When a ‘significant change in ownership’ takes place the original business licence is no longer valid.

Significant change of ownership

Significant change of ownership is where a Limited company changes ownership (whether or not by means of one or more acquisitions) such that the share capital in the company owned by people with Permanent Entitled, Entitled, Entitled for Work Only or Licensed CHW status (whether or not acting collectively) is, when aggregated, less than 60%.

Whilst the majority of these applications are approved they can be refused, so it's recommended to make the application ahead of the change formally taking place.

The purpose of this requirement is solely to ensure that the significant changes in ownership of businesses are not likely to damage the reputation of Jersey, for example, licences aren't issued to businesses or individuals that are blacklisted or where international sanctions apply.

Where a change in ownership occurs but the share capital is 60% or more owned by people with Permanent Entitled, Entitled, Entitled for Work Only or Licensed CHW status there is no requirement to make an application to the Business Hub. 

Changing business ownership

There is no presumption in the CHWL against persons who do not live in Jersey from owning a business. However, ownership does not confer any right to work in an undertaking or to obtain a permission to work in that undertaking (and permission may be refused if there are reasonable grounds to believe this to be the case).  

Sole traders and partnerships​

Where a sole trader or partnership changes ownership, an application to the Business Hub is required. While the vast majority of these applications are approved, consideration will be given to those business licence matters.

Business change of ownership application​​​

The purpose of this requirement is solely to ensure that the significant changes in ownership of businesses are not likely to damage the reputation of Jersey, for example, licences aren't issued to businesses or individuals that are blacklisted or where international sanctions apply. ​​

Decision making, reviews and appeals

Introduction

The Control of Housing and Work (Jersey) Law 2012​ sets out the roles of decision makers and contains rights to review and rights to appeal certain decisions.

In this guidance the abbreviation CHW is used for ‘Control of Housing and Work’. 

This guidance explains: 

  • who can make decisions
  • what decisions they can make
  • the decisions that c​an be reviewed
  • the decisions that can be appealed
  • the processes to review or appeal a decision​

Roles

Most applications within the CHW legislation, policy and guidance are considered by determining officers.   

Applications outside policy, applications relating to Regulation 5 (Entitled status on economic or social grounds), and reviews of decisions made by determining officers, are considered by the Housing and Work Control Panel (the ‘Panel’).

The Minister considers recommendations from the Panel in respect of reviews. The Minister is also directly responsible for decisions relating to property issues and serving a cessation notice. These decisions can also be delegated to specified officers. 

External appeals are made to the Royal Court. 

Determining Officer

A determining officer Is an officer who is authorised to make a range of decisions under the CHW Law. Determining officers are appointed by the Minister and work within the Employment, Social Security and Housing Department.

A determining officer uses the CHW law and the Minister’s published policy and guidance to make decisions on: 

  • a person’s CHW status 
  • the conditions which might be applied to a person’s CHW status
  • the grant, duration, conditions, refusal or cancellation of a business licence or staffing licence 

Where an application falls outside existing guidelines, the application is referred to the Housing and Work Control Panel for a recommendation. The determining officer will action the recommendation of the Panel. 

Housing and Work Control Panel

The Housing and Work Control Panel consists of at least 3 elected Members of the States Assembly who are nominated by the Chief Minister. 

The Panel’s functions include: 

  • making recommendations to the determining officer where an application falls outside existing guidelines or policy 
  • considering and making recommendations to the determining officer on all applications under Regulation 5 (Entitled status on economic or social grounds) 
  • making a recommendation to the Chief Minister in respect of the review of a decision of a determining officer where a person requests a formal review of that decision 

Minister

The Minister is the Chief Minister.  

The Minister: 

  • appoints determining officers 
  • takes certain decisions under the law directly and can also delegate these powers to specified officers 
  • sets policy and publishes guidance on the application and interpretation of the CHW Law
  • considers recommendations from the Panel in respect of formal reviews of first decisions made by determining officers 

The Minister is responsible for making some decisions directly under the CHW law, relating to property matters. The Minister can delegate these decisions to specified officers to take decisions on the Minister's behalf. 

These decisions relate to: 

  • a decision about the categorisation of a unit of dwelling accommodation or the conditions relating to the categorisation (under Article 15(3)) 
  • refusal to grant consent for occupation of a unit of dwelling accommodation (under Article 17(2)) 
  • refusal to grant consent to a purchase by a legal person (under Article 20(2)) or the placing of a condition (under Article 20(5)) 

The Minister can also take a decision to serve a notice requiring business activity to cease (under Article 37(1) or (2)). This decision can also be delegated to a senior officer to act on behalf of the Minister. 

The delegation of ministerial powers is recorded in a formal report that is published on the States Assembly website. 

Royal Court

Should the applicant be dissatisfied with the decision of the Minister under the CHW Law, they have a statutory right of appeal to the Royal Court on the ground that ‘the decision is unreasonable having regard to all the circumstances of the case’. 

Review of a decision made by a Determining Officer 

Decisions that can be reviewed

A person aggrieved by any of the following ‘initial decisions’ by a determining officer may request a review of that decision by the Housing and Work Control Panel:  

  • a decision about a person’s CHW status (under Article 3(3)(b) or 3(6)(a)) 
  • a refusal to grant a CHW status to the person (under Article 3(6)(b)) 
  • a condition related to the grant of the person’s CHW status (under Article 3(7)) 
  • a decision to treat an application for a licence as withdrawn (under Article 26(4)) 
  • the grant or refusal of a licence (under Article 26A(2)) 
  • a condition related to a licence (under Article 26A(4) or Article 27(2) or (3)) 
  • the refusal of an application to vary a licence (under Article 29(4)(a)) 
  • the variation of a licence (under Article 29(4)(b)) 
  • the withdrawal of a licence (under Article 30(1)) 

Requesting a review 

Any request for a review by the Housing and Work Control Panel (the Panel) must be made no later than 1 month after the date of the ‘initial decision’. 

A request for a review should be sent to customerservice@gov.je  

Any request must contain the following information: 

  • the person’s name and address for correspondence 
  • details (including any reference number) of the initial decision 
  • the grounds for requesting the review, including where relevant, the reasons why the person disagrees with the initial decision or with any reasons for the initial decision 
  • any other information or documents that the Panel may request

Review process 

Following a request to review a determining officer’s decision the Panel will review the decision, and make a recommendation, and the reason for it, to the Minister.   

In carrying out the review the Panel must take account of the powers and policies that the determining officer was required to use in making their decision. 

The Minister will consider the Panel’s recommendation, and any further consideration of the issues by the determining officer.    

The Minister may confirm, reverse or vary the initial decision, in whole or in part.  

The Minister will write to the applicant setting out the Minister’s decision. 

A person aggrieved by the Minister’s decision has a right of appeal to the Royal Court. 

​Appeal

Decisions that can be appealed 

A person aggrieved by any of the following decisions by the Minister may request an appeal of that decision by the Royal Court:  

  • a decision about the categorisation of a unit of dwelling accommodation or the conditions relating to the categorisation (under Article 15(3)) 
  • refusal to grant consent for occupation of a unit of dwelling accommodation (under Article 17(2)) 
  • refusal to grant consent to a purchase by a legal person (under Article 20(2)) or the placing of a condition (under Article 20(5)) 
  • a notice requiring business activity to cease (under Article 37(1) or (2)) 

In respect of review decisions made by the Chief Minister:  

  • a decision about a person’s CHW status (under Article 3(3)(b) or 3(6)(a)) 
  • a refusal to grant a CHW status to the person (under Article 3(6)(b)) 
  • a condition related to the grant of the person’s CHW status (under Article 3(7)) 
  • a decision to treat an application for a licence as withdrawn (under Article 26(4))
  • the grant or refusal of a licence (under Article 26A(2)) 
  • a condition related to a licence (under Article 26A(4) or Article 27(2) or (3)) 
  • the refusal of an application to vary a licence (under Article 29(4)(a)) 
  • the variation of a licence (under Article 29(4)(b)) 
  • the withdrawal of a licence (under Article 30(1)) 

Requ​esting a​​​n appeal

The Judicial Greffe can provide detailed advice on Court procedures for those wishing to make an appeal.

Email: ​jgreffe@courts.je​

An appeal against a cessation notice, issued under Article 37(1) or (2), on the grounds that service of the notice on that person, or any request in the notice, was unreasonable, must be made within one month of the date of the serving of the notice. 

In all other cases, a request for an appeal to the Royal Court must be made within 2 months of the date of the Minister’s decision (or within a longer period if the Court allows) on the grounds that the decision is unreasonable taking into consideration all the circumstances of the case. 

Appeal pro​​​cess​

Following a request for an appeal the Judicial Greffe will advise on procedures. 

On hearing the appeal, the Court may: 

  • confirm, reverse or vary the decision against which the appeal is brought 
  • make such interim Order as it thinks fit 
  • make such Order as to the costs of the appeal that it thinks fit​

Data sharing, customer promise, enforcement powers and further requirements

Data sharing

Information may be sought from, and disclosed to, relevant organisations and Government of Jersey departments for the processing of applications and verifying of information provided pursuant to the Law, or to enable them to conduct their functions.  

This includes supplying information to other parts of the Employment, Social Security & Housing Department to support the employment of people with Permanent Entitled, Entitled and Entitled for Work Only CHW status.  

For new business licence applications data will be shared with the Jersey Financial Services Commission (the JFSC) and Revenue Jersey.  This “joins up” the process to help a new business owner in applying for: 

  • a Registered business name 
  • organising personal social security contributions 
  • registering as an employer to pay ITIS (tax) and Social Security for your employees (where necessary) 

Personal data provided will be used by the Business Hub to discharge its statutory functions, and it may be disclosed to third parties for those purposes.  

Business Licen​​sing privacy policy​

You can request a written copy ​​​by calling +44 (0) 1534 444444. 

Customer promise

The Business Hub aims to deal with applications within the following time frames:​

Application type 
Working days to complete 
Email to businesshub@gov.je  2 days 
Resident business licence 5 days 

Standard, Licensed or Licensed for Lease Only permission 

Significant change of ownership 

Non-resident business licence (including non-resident trading businesses) 

Ceased trading notification 

10 days 



If you're unable to access an online form, paper copies can be obtained from the Business Hub.

An application may take longer if: 

  • all the information required is not provided
  • additional information is required to determine the application
  • the application is referred to the Minister

All efforts will be made to provide a decision as soon as possible.  

Assistance with making an application can be obtained by contacting the Business Hub.

In addition, other agencies will be able to offer advice and guidance on the application process or other matters relating to your business, in particular: 

  • if you have Permanent Entitled, Entitled or Entitled for Work Only CHW status and are considering starting a new business, you should seek advice from Jersey Business​ or call +44 (0) 1534 610300
  • if you're not resident in Jersey, and considering relocating your business to Jersey, or setting up a new business in Jersey, you should contact Locate Jersey​ or call +44 (0)1 534 440604
  • if you're a digital business, contact Digital Jersey or call +44 (0) 1534 789333 

Enforcement powers​

Failure to obtain an appropriate licence when required, or to comply with any licence conditions, or to comply with any provisions of the Control of Housing and Work Law (CHWL), may result in fines, the revocation of licences, notice of cessation of the undertaking, and prosecution.

It's an offence under the CHWL for a business to operate without an appropriate licence. 

The maximum penalty under the CHWL is imprisonment for 2 years and a fine.​

Appendix 1: Eligible entities

Categories of organisations that are not run by the government or publicly owned that are included as eligible entities are detailed in the table below.

The Minister will keep this list under review.​

Eligible entity
​What they do
​Care Homes
​Registered with the Jersey Care Commission, and post is required to meet a minimum staffing ratio or commitment to maintain registration, and the home residents include individuals receiving a Long-Term Care benefit.
​Home Car​e Agencies
​Registered with the Jersey Care Commission, and the post is providing services to adults receiving a Long-Term Care benefit or children receiving a funded care package.
​GP surgeries
​Includes one or more General Practitioners on the relevant Performers List and the post provides services to patients that attract a HIF subsidy or contract payment. 
​Community pharmacies
​Includes one or more registered pharmacists qualified to practise in Jersey and the post provides services to patients that attract a HIF subsidy or contract payment.
​Nurseries
​Operating under the Day Care of Children legislation and the post is providing services to children who receive nursery education fund (NEF) funding.
​Community nursing service
​Registered with the Jersey Care Commission, and where the post is providing services to those requiring nursing services.
​Social work​

​Registered with the Jersey Care Commission, and where the post is providing services to adults or children requiring social worker support.

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