Approval of Revised Policy for Regulation 1(1)(k).

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A decision made (26/05/2009) regarding: Approval of Revised Policy for Regulation 1(1)(k).

Decision Reference: MD-H-2009-0048
Decision Summary Title :	1(1)(k) Policy and Procedures		Date of Decision Summary:	20th May 2009
Decision Summary Author:	Peter Connew-Policy Advisor, Population Office		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	1(1)(k) Policy and Procedures		Date of Written Report:	19th May 2009
Written Report Author:	Peter Connew, Policy Advisor - Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject:. Approval of revised policy for Regulation 1(1)(k) applicants
Decision(s): The Minister approved revised policy as presented.
Reason(s) for Decision: Following States approval of an additional requirement in Regulation 1(1)(k) for the Housing Minister to be satisfied that any consent granted has to be justified as being in the best interest of the community, the Minister wishes to publish the criteria upon which he considers such applications, and the procedures involved.
Resource Implications: None
Action required: Officers to arrange notification to Chief Minister, and Ministers for Economic Development and Treasury, and to ensure publication of the policy on the States website.
Signature: Senator T.J. Le Main		Position: Minister for Housing
Date Signed:		Date of Decision (If different from Date Signed):

Approval of Revised Policy for Regulation 1(1)(k).

MD-H-2009-0048 Population Office

1(1)(k) Policy and Procedures

The Law

Regulation 1(1) (k) states that the Housing Minister is able grant a housing consent where

The Minister is satisfied that consent can be justified

on social or economic grounds or both ,and
as being in the best interests of the community.

The Policy

2. The following factors will be taken into account when applications are considered for a (k) consent

The individual’s contribution to tax revenues in accordance with Article 135A of the Income Tax Law
The business/social background of the applicant and the associated benefit that could arise for Jersey as a result of the taking up of residence in the Island;
Any other general benefits which the Island may obtain if the applicant takes up residence in the Island

Applicants will normally be required to demonstrate that they are able to generate sufficient income so that, at the present rate of tax, their annual contribution is at least £100,000. In some circumstances a lower contribution of tax might be acceptable if other particularly compelling economic benefits for the Island would be likely to result from the applicant taking up residence.

It should be noted the ability to generate the above minimum tax requirement will not necessarily on its own be sufficient to justify consent.

Other than tax contributions, aspects of an application that the Minister may take into account include

voluntary work or business contribution to local community
any training or sporting initiatives particularly aimed at youth or educational organisations,
the nature of any actual or potential media coverage of any activities either by, or involving the applicant, both in his business or social life. This to include negative images relating to past business practice, and positive images such as sporting or educational achievements,
any cultural interests or skills that have benefited the local community which would be likely to of similar benefit to the Island
general lifestyle and family circumstances, including past charitable work and contributions
any clear undesirable factors in an applicants background, such as a criminal record.

As a result of the above considerations, it follows that the Minister will take into account any likely local impact that an applicant will have on taking up residence in Jersey.

In addition to the above, an applicant’s intention to carry out further business activities in the Island will be taken into account, with particular regard to future local employment, training, diversification and any potential resultant increased tax revenues.

An applicant that falls short of the expected tax take but has other potential benefits to offer such as those outlined above will be considered. Equally, where the pure economic test is met, other factors which might have a positive or negative bearing will be balanced in determining the application.

Procedure

Whilst the relevant legislation is the responsibility of the Housing Minister and administered by the Population Office, a Director of High Value Residency has been appointed to provide an inclusive service for all applicants and potential applicants. This post offers advice and guidance to applicants and their advisors, and collates all documentation, including references, criminal record check, and financial information and confirmation from the Comptroller of Income Tax as to the tax position, for presentation to the Population Office for subsequent consideration by the Minister. Full details can be found at www.reflectonjersey.com

Following any further research and enquiries deemed necessary the submissions made are then placed before the Minister for determination.. Whilst the decision is made by the Housing Minister, the actual consideration of the submissions is by the Migration Advisory Group, consisting of Assistant Chief Minister (Chairman), Assistant Economic Development Minister, the Housing Minister and the Assistant Housing Minister. Various Officers also attend upon this Group.

This process does allow for informed input into the decision making, and ensures a degree of consistency when applying the wide criteria which falls under this particular Regulation.

19th May 2009