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Work Permit Extension for Confucius Institute (Hanban) Mandarin Teachers Scheme

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 June 2018:

Decision Reference: MD-HA-2018-0065

Decision Summary Title :

Work Permit for Confucius Institute (Hanban) Mandarin Teachers Scheme

Date of Decision Summary:

22 June 2018

Decision Summary Author:

 

Assistant Director, Immigration and Nationality

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

-

Written Report

Title :

 

Date of Written Report:

22 June 2018

Written Report Author:

Assistant Director, Immigration and Nationality

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Work Permit Extension for Confucius Institute (Hanban) Mandarin Teachers Scheme.

 

Decision(s): The Minister authorised Officers from the Customs and Immigration Service to issue a work permit, subject to a satisfactory application, to extend the employment of the teacher currently teaching Mandarin at Hautlieu from a Confucius Institute (Hanban) in China.

 

Reason(s) for Decision: Hautlieu has been awarded Confucius Classroom status. The scheme aims to build and/or enhance foreign language skills and foster good relations between Jersey and China. Furthermore, as this is a supernumerary role there is no risk that a resident worker will be displaced or excluded as a result of issuing a work permit for this placement.

 

Resource Implications: None

 

 

 

Action required: Customs and Immigration Officers to process a work permit extension application for the teacher from a Confucius Institute (Hanban) in China to continue to teach Mandarin at Hautlieu.

 

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Work Permit Extension for Confucius Institute (Hanban) Mandarin Teachers Scheme

Decision Summary Report

 

 

 

 

 

Community and Constitutional Affairs

Customs and Immigration Service

 

To:   Minister for Home Affairs

 

Submitted by:  Paul Le Monnier, Assistant Director Immigration and Nationality

 

Date:  22 June 2018

 

Subject:  Confucius Institute (Hanban) Mandarin Teachers Scheme

 

 

Introduction

 

In 2016 a Ministerial Decision (MD-HA-2016-0037) was made to grant a work permit, subject to meeting application requirements, to employ a teacher from the Confucius Institute (Hanban) in China, to teach Mandarin at Hautlieu for a period of 24 months. The work permit issued expires on 20th August 2018.

 

This report relates to a request from the Education Department to extend the employment of that teacher from the Confucius Institute (Hanban) in China, to teach Mandarin at Hautlieu for a further period of 24 months.

 

Background

 

The scheme is part of Hanban’s global exchange programme through which Mandarin teachers undertake placements at Confucius institutes and classrooms in the United Kingdom. These roles are not filling vacancies. The scheme aims to build and/or enhance foreign language skills and foster good cultural relations between the United Kingdom and China. In 2015 Hautlieu was awarded Confucius Classroom status.

 

In the United Kingdom this was incorporated as a category in the Immigration Rules under the Approved Tier 5 government authorised exchange scheme. For United Kingdom purposes it is treated as a Points-Based application. In addition, applicants are not required to meet an English language requirement in order to obtain a visa which is issued for a maximum of 24 months. As this points-based assessment is not used in Jersey, all applications to employ non-EEA nationals, unless it is in a permit free category, are considered against the Immigration (Work Permits) (Jersey) Rules 1995.

 

It is expected that as a result of this scheme many language and cultural opportunities are going to be made available to Hautlieu students and Jersey as a whole. The Education Department had indicated that at the end of the initial 2-year period the teacher will be replaced by another professional Mandarin teacher under this scheme.

 

The Education Department have attempted to find a replacement for their Mandarin teacher however have been unable to secure the services of a suitably qualified teacher to deliver the high standards currently offered at Hautlieu. The Education Department therefore request an extension of the teachers current work permit.


 

 

 

Recommendation

 

There is strong political support for this initiative. In addition, as this is a supernumerary role there is no risk that a resident worker will be displaced or excluded as a result of issuing a work permit for this placement. It is therefore recommended that the Minister authorises officers in the Customs and Immigration Service to issue a work permit extension to the Education Department. 

 

 

 

 

 

 

 

 

Paul Le Monnier

Assistant Director, Immigration and Nationality

 

 

 

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