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Work Permit Policy

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (18.04.07) to approve the recommendations for the Work Permit Policy.

 

 

Subject:

Work Permit Policy

Decision Reference:

MD-HA-2007-0033

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Work Permit Policy Review 2007

Written report – Author

(name and job title)

John T. Noel , Director Immigration & Nationality

Decision(s): The Minister for Home Affairs approved the recommendations below, details of which are contained in the accompanying report:-

Recommendations: (a), (b), (c), (d), (e), (f). (g), (h), (i) and (j).

Reason(s) for decision:

The above decision is the outcome of a review of current Work Permit policy, as detailed in the report. The changes brought about by Recommendations (a), (d) and (h) will be of benefit to permit holders and their employers. Recommendations (b) and (c) will improve inter-departmental working and consequently corporate decision making.

Recommendation (e) removes the fee currently charged for permits of very short duration as this is no longer an economical fee for the process. This is balanced by Recommendation (h) which will exclude certain short term employees from having to obtain work permits.

Recommendation (f) will bring in new income to recover the cost of granting permit extensions and help avoid the abuse of the fee system, making it fairer to all employers.

Employers will have benefited in recent years from the fact that the fees set in 1999 have not been increased until now and Recommendation (g) brings the fees back into line in real terms with what they were originally set at eight years ago.

The implementation date for the Recommendations covered by Recommendation (i) is of immediate benefit to employees and employers.

The date proposed in Recommendation (j) for the increased fees to come into effect avoids most employers of seasonal permit holders from having a fee increase this year.

Financial Implications

In accordance with Financial Direction 4.1 – Increases in States Fees and Charges, the approval of the Treasurer of the States is required for the new fee structure.

Action required:

Customs & Immigration Service to implement recommendations in accordance with the approved implementation dates.

Finance Director to seek the approval of the Treasurer of the States for the new fee structure.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

 

 

 

 

 

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