Department for Strategic Policy, Performance and Population
Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2018
- Introduction
1.1. This paper sets out a proposed exemption under the Control of Housing and Work (Exemptions) (Jersey) Order 2013, the purpose of which is to establish a further category of persons who businesses in Jersey may employ without using any Registered permissions they may have.
1.2. In relation to children up to and including the age of 25 who have Registered residential and employment status, it is proposed that children will be able to access categories of employment that are not presently available to them on account of their residential and employment status. This will apply where:
- A child has a parent who is employed in an essential health occupation.
- The parent of the child is the co-habiting partner of a person who is employed in an essential health occupation.
1.3. The paper explains the rationale for making the proposed exemption in order to encourage more health professionals and social workers to work in Jersey. With the approval of the Minister, law-drafting instructions will be provided to the Principal Legislative Drafter in order to prepare the draft Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2018.
- Background
2.1. The Department of Health and Social Services has identified that one of the issues affecting the recruitment and retention of staff from outside of Jersey – in areas such as Children’s Services – is the ability of their children to access employment in the island.
2.2. The Control of Housing and Work (Exemptions) (Jersey) Order 2013 states that a child who has a parent with Entitled, Entitled for Work Only or Licensed residential and employment status will be classified as having Registered residential and employment status.
2.3. However, the child will be exempt from the conditions attached to that residential status for the purposes of employment. A child may, therefore, access employment without the requirement for a business to have permission to employ them.
2.4. The current exemption applies where a child is below the upper limit of compulsory school age under the Education (Jersey) Law 1999 when the child commenced his or her continuous period of ordinary residence in Jersey. The upper limit is 30th June in the school year in which the child reaches the age of 16.
2.5. When a child is above the upper limit of compulsory school age, the child will have Registered residential and employment status until he or she is able to gain Entitled for Work Only or Entitled status in his or her own right – i.e. having completed the appropriate period of continuous ordinary residence in Jersey.
2.6. A business would, therefore, need to use one of its Registered permissions in order to employ a child, or apply to the Population Office for additional Registered permissions if it has insufficient capacity within its existing business licence.
2.7. The Health and Social Services Department has identified that the present exemption –
whereby only children of compulsory school age are considered exempt and, therefore, free to take up employment without restriction – is discouraging some people from applying for and taking up roles in the Department where they have children above the compulsory school age.
2.8. In order to resolve this issue, it is proposed that the present exemption will be extended so that older children will be given the same exempt status for employment purposes only where the following conditions have been satisfied:
a) the child is above the upper limit of compulsory school age up to and including the age of 25; and
b) the child’s parent is employed in a ‘registrable occupation’ on a full-time basis as listed under the Control of Housing and Work (Exemptions) (Amendment No. 2) (Jersey) Order 2018; or
c) the child’s parent is the co-habiting partner of someone employed full-time in a registrable occupation.
The effect of the proposed exemption would be to enable businesses to employ such children without using one of their Registered permissions.
2.9. The proposed exemption is an interim measure introduced in response to the difficulty that the Health and Social Services Department is experiencing in recruiting key workers such as social workers, nurses and midwives. The policy will be reviewed again at the end of 2019.
2.10. Any extension will be contingent on the Minister being satisfied that sufficient efforts are being made to recruit healthcare professionals in registrable occupations with Entitled for Work Only or Entitled residential and employment status, including evidence that the Health and Social Services Department has invested in training people locally to address difficulties in recruitment.
- Draft proposals
3.1. With the approval of the Minister, the Law-Draftsman will be asked to prepare a draft Ministerial Order to amend the Control of Housing and Work (Exemptions) (Amendment) (Jersey) Order 2013. The Order will amend the description of Registered persons who may be disregarded by an undertaking for the purpose of it complying with its business licence.
3.2. This proposed exemption created under the Order will apply to:
a) a child with Registered residential and employment status who is above the upper limit of compulsory school age under the Education (Jersey) Law 1999 up to and including the age of 25 years; and
b) the child has been ordinarily and continuously resident in Jersey for a period of less than 5 years; and
c) the child’s parent has Entitled, Entitled for Work Only or Licensed residential and employment status; and
d) the child’s parent is employed on a full-time basis in a registrable occupation, or has received a confirmed offer of full-time employment in a registrable occupation, as defined in the Control of Housing and Work (Exemptions) (Amendment No. 2) (Jersey) Order 2018.
3.3. The proposed Order will stipulate that a child must take up ordinary residence in Jersey within three months of his or her parent having commenced full-time employment in a registrable occupation, and immediately following completion of any full-time course of further education at a recognised institute of further education.
3.4. Where a child’s parent is the co-habiting partner of a person who has Entitled, Licensed or Entitled for Work Only status and is working or has received a confirmed offer of full-time employment in a registrable occupation, it is proposed that the child will also be disregarded for the purpose of Registered permissions provided that the co-habiting parent themselves satisfies the conditions under the Control of Housing and Work (Exemptions) (Amendment no. 2) (Jersey) Order 2018.
3.5. A child will, moreover, need to demonstrate that his or her sole or principal place of residence is with a parent who is working, or has received a confirmed offer of full-time employment, in a registrable occupation, or with the co-habiting partner of that person.
3.6. A child will need to remain continuously ordinarily resident in Jersey in order to remain exempt for the purposes of employment. Any break in residence of more than six weeks in any calendar year, including travelling and gap years, would not result in the child losing the exemption for employment purposes provided they satisfied other conditions. However, it is proposed that any absence of more than six weeks would impact on their ability to gain Entitled for Work residential status (i.e. someone who has lived in Jersey for five consecutive years).
3.7. The draft Order will also need to make provision for situations where a child is over the age of 25 but there are exceptional circumstances (such as the child has a medical condition that, whilst it does not prevent the child from working, he or she is still in the care of their parents). The Order should, therefore, stipulate that the Minister may make exceptions and permit children above the age of 25 to have exempt status for the purpose of work.
3.8. The person shall be required to provide such documents or other evidence as may be required in order to determine or verify whether that person satisfies the conditions for exemption outlined in paragraph 3.4.
3.9. If the person in the registrable occupation were to cease to be in full-time employment in that occupation, the child will also lose his or her exempt status for the purposes of employment.
3.10. Once a Registered person has been ordinarily and continuously resident in Jersey for a period of 5 years prior to an application for a registration card, the person acquires Entitled for Work Only status under the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013.
Policy Principal
Department for Strategic Policy, Performance and Population
20th August 20108
gov.je