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Work Permit Policy: New working categories following the end of free movement for European Union nationals

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 16 November 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0074

Decision Date: 5 November 2020

DECISION SUMMARY TITLE:

Publication of Work Permit Policy: new working categories following the end of free movement for European Union nationals.

 

DECISION SUMMARY AUTHOR:

Acting Director, Immigration & Nationality

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Work Permit Policy (General Agreement on Trade in Services: Mode 4)

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Acting Director, Immigration & Nationality

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

 

The Minister for Home Affairs has approved amendments to the Work Permit Policy (“the Policy”) in relation to the employment of persons following the end of EU Free Movement on 1 January 2021 and decided to publish the Policy.

 

The UK has now left the EU, and the UK’s Immigration and Social Security Co-ordination (EU Withdrawal) Bill will end the free movement of EU nationals in the UK at the end of the transition period (31 December 2020).

 

This means that the relationship with the EU that extended to Jersey via the UK, will also fall away and as such the Minister for Home Affairs has determined the basis for the Island’s Future Border & Immigration System (FBIS) and the Work Permit Policy as an intrinsic part of that system.

 

The need to make amendments to the Policy is due to the previous Policy being in place to only account for a small number of positions that needed to be filled from outside of Europe, specifically as a result of local employers not being able to fill the roles from within the EU.  The Policy has therefore been amended to account for the much larger volume of persons who would require to have immigration permission to work in the Island in a much wider range of vocations.

 

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

ACTION REQUIRED: Customs and Immigration Service to make the appropriate amendments to the Policy and publish it, having effect for any person requiring immigration permission who arrives in Jersey from 1 January 2021.

 

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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