Population Office
Control of Housing and Work (Jersey) Law 2012
Guidance
Control provisions related to the change in the ultimate beneficial ownership of an undertaking that is not a company with a share capital
This guidance is issued under Article 25 (7) of the Control of Housing and Work (Jersey) Law 2012 (“Law”) with regards to non-companies licensed under that Law and in relation to licences issued under the previous Regulation of Undertakings and Development (Jersey) Law 1973.
Appropriate Licence
The provisions of the Law require an undertaking to have an appropriate licence. If an undertaking operates without an appropriate licence this is an offence under the Law. The Law provides that an undertaking does not have an appropriate licence if there is a significant change in the ownership of the undertaking. Where there is a significant change in the ownership of an undertaking, an application must be made for a new licence within 60 days of that change taking place. It is advised, however, that prospective sellers and purchasers seek confirmation that a new licence will be issued in advance of the change of ownership.
The Law states that the Minister will issue guidance about how the Law applies in the case of an undertaking not being a company with a share capital.
The guidance below details the circumstances when application to the Minister is required in relation to a ‘‘significant’’ change in the ownership of an existing undertaking not being a company with a share capital to ensure that the undertaking has an appropriate licence.
The provisions of the Law and this guidance override any existing beneficial ownership condition.
Significant change in ultimate beneficial ownership
The Control of Housing and Work (Jersey) Law 2012, has primacy and applies with regard to whether or not there is a ‘‘significant’’ change in ownership in any particular case.
Application for a licence is required to the Minister when individual(s) having the status of Registered as stipulated in the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations) 2013, or being non-resident of Jersey, are seeking to acquire an undertaking partly or wholly such that the ultimate beneficial ownership of the undertaking’s total membership/partnership, as determined by headcount, falls below 60% Entitled, Entitled to Work or Licensed and no more than 60 days have elapsed since that change.
However, any such change in ownership is not deemed to be significant, i.e. the above provision does not apply, in relation to any entity:
- incorporated under the Loi (1862) Sur Les Teneures En Fideicommis Et L’Incorporation D’associations, or
- registered with an address in Jersey under the Industrial and Provident Societies (Channel Islands) Order 1965,
Explanatory table of application requirements that apply whether or not the existing undertaking has a beneficial ownership condition
Current residential status of undertaking’s principal(s) (beneficial owners) | Residential status of proposed new principal(s) (beneficial owners) of the undertaking | Is application to the Minister is required for an appropriate licence? |
Entitled, Entitled to Work or Licensed persons | Entitled, Entitled to Work or Licensed | No |
Registered or non -resident of Jersey persons | Entitled, Entitled to Work or Licensed | No |
Entitled, Entitled to Work or Licensed persons | Registered or non -resident of Jersey | Yes, where non-qualified* ultimate beneficial ownership of an undertaking exceeds 60% threshold exceeded |
A mix of Entitled, Entitled to Work or Licensed and Registered or non -resident of Jersey persons | Entitled, Entitled to Work or Licensed | No |
A mix of Entitled, Entitled to Work or Licensed and Registered or non -resident of Jersey persons | A mix of Entitled, Entitled to Work or Licensed and Registered or non -resident of Jersey | Yes, where non-qualified* ultimate beneficial ownership of an undertaking exceeds 60% threshold exceeded |
A mix of Entitled, Entitled to Work or Licensed and Registered or non -resident of Jersey persons | Registered or non -resident of Jersey | Yes, where non-qualified* ultimate beneficial ownership of an undertaking exceeds 60% threshold exceeded |
* “non-qualified” is used to mean persons who do not have Entitled, Licensed or Entitled for Work status
NB: This guidance applies only to significant changes in beneficial ownership that take place after 1st July 2013. Should an existing undertaking’s ultimate beneficial ownership be such that it already exceed the above thresholds immediately on the 1st July, 2013, no application is required for an appropriate licence.
Population Office
Control of Housing and Work (Jersey) Law 2012
Guidance
Temporary Absence
This guidance is issued under Article 2 (3) of the Control of Housing and Work (Jersey) Law 2012 (“Law”) and relates to the effect on a person’s residential and employment status of any temporary absence from Jersey.
There are many reasons why an individual may have a break in residence and/ or cease to be resident in the Island as their sole or principal place of residence. The purpose of these guidance notes is to cover some of those situations. However, individuals are advised to contact the Population Office in advance of any absence or break in residence if they are in doubt, or to seek clarification dependent upon their own personal circumstances.
As a general rule, unless you are Entitled, the only permitted breaks in residence which will not affect your entitlement are normal holiday periods of no more than 4-6 weeks in duration in any 12 month period.
Time spent in full time education outside of the Island (i.e. University)
Where an individual leaves the Island for the purposes of entering full time education outside of the Island under the age of 25 years, provided that their parents remain permanently resident in the Island for the duration of their education and the individual returns to the Island during each term break, this time will be deemed to be continuous residence in the Island for the purposes of qualifying under the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2012.
Evidence will be required from the University confirming the dates of attendance, that the course was full time and that Jersey was the individual’s recorded home address for the period in question.
Travelling
The Population Office may consider allowing residence completed by an individual, who has been an established continuous resident of the Island for a minimum period of at least 5 years, to be frozen where the individual then goes travelling for one single period of no more than 12 months, provided that they return to Jersey at the end of their travels.
Having satisfied itself that it has been a bona fide extended holiday (e.g. passport stamps, travel tickets, personal belongings retained in Jersey) and that home has not been established elsewhere, the period of residence completed up to the point that the individual left to go travelling may effectively be “banked”, and their residence would be deemed to recommence when they resumed permanent residence in the Island.
The individual would then be required to make up, in terms of residence, the difference between the residence completed prior to the extended holiday, and the period of residence required in order to become Entitled for Work or Entitled under the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2012 at the time of their return.
If you are not Permanently Entitled and intend to go travelling, the Population Office must be informed beforehand if you want the above treatment to apply.
Secondment
Where an employee is seconded to another jurisdiction by their employer for a period of time, normally not to exceed a maximum period of two years, and that employee returns to the Island and to the same employer, the Population Office may be prepared to “bank” the period of residence completed in the Island immediately prior to the secondment.
A strong business case must be made in advance, and the Population Office will then confirm the position.
Having satisfied itself that it would be a bona fide secondment, the period of residence completed to date would be frozen when the employee leaves the Island, and would be deemed to recommence when they resumed permanent residence in the Island, subject to written evidence that they had recommenced employment with the same local employer.
The employee would therefore only be required to make up, in terms of residence, the difference between the residence completed prior to the secondment, and the period of residence required in order to become Entitled for Work or Entitled under the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2012 at the time of their return.
If you are not Permanently Entitled and intend to go on secondment, the Population Office must be informed beforehand if you want the above treatment to apply.
Permitted Breaks in Residence once Entitled (if not permanently Entitled)
Once a person has gained Entitled status, they are permitted breaks in residence from
Jersey for a period, or aggregate periods, not exceeding 5 years. Should an Entitled person leave the Island for a period, or aggregate periods of more than 5 years, this will lead to loss of Entitled status and the individual will revert to Registered status, unless otherwise determined by the Population Office.
Permanently Entitled
Once a person has been granted Permanently Entitled status, they cannot lose that status, irrespective of any future absence or break in residence from the Island.
gov.je