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Jersey Chamber of Commerce

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Category: Competition / Regulation  Human Resources / Manpower

Temporary Work Policy

Nov 18, 2021


We are coming to the end of the first year of our position outside of Europe which I know has probably been one of the hardest for many local employers having to deal with the costs and administration of work permits and visas for all those arriving from outside the Common Travel Area and the dire effects of Covid.

The JCIS Immigration Caseworking team have dealt with more than 3 times the volume of Work Permit applications than in any previous year, the vast majority of which have been turned around in under a week. I didn’t anticipate a trouble free 2021 and there have been bumps in the road, however we have tried to be consistent and pragmatic with the issues that have come up this year. We have abided by the spirit of the Work Permit Policy (WPP), taken a starting point of every employer having 100% credibility and only asked for minimal evidence in support of the criteria. A few lessons have been learnt on both sides and as a result we have updated the WPP, the most recent edition being published on 4th October 2021.

The below table gives you an idea of the increase in work permit applications we have seen over the last two years due to the expansion of the hospitality temporary route and introduction of the construction and agriculture temporary routes. These routes now make up 70% of all work permits, where previously temporary routes only made up 20%.

Work permits issued

2019 (full year)

2020 (full year)

1st Jan 2021 to 12th Nov 2021

Temporary Hospitality (EU)

67 (N/A)

81 (N/A)

445 (159)

Temporary Construction (EU)

N/A

N/A

135 (115)

Temporary Agriculture (EU)

N/A

56 (N/A)

190 (30)

Skilled routes (EU)

278 (N/A)

267 (N/A)

326 (33)

Total (EU)

345 (N/A)

404 (N/A)

1096 (337)


The WPP states “Temporary employment routes are an exception to the Common Travel Area standards which are justified to the United Kingdom by setting stringent rules on such migrants who would not otherwise be allowed a visa to come and work in the CTA.”

The purpose of this email is to draw your attention to the fact that we are now starting to request evidence to support compliance with the temporary work permit criteria (copied below). Moving forward applicants can expect more scrutiny in relation to applications, two of the specific areas we will be looking at in the short term are;

  • Notice to Employers and Work Permit Holders - A copy of this notice is sent out with each work permit we issue. It is the employer’s responsibility to ensure the employee fully understands the content of the notice, which may need them to receive a translated copy. There have been issues in the last year which have resulted in the notice being updated. I would strongly advise that the information in the notice is provided to the employee in writing and not just disseminated verbally otherwise it may leave employers vulnerable to accusations of not having provided adequate information to the employee.
  • Recruitment - Of particular concern to us at the moment is the recruitment process, particularly where ‘word of mouth’ has been used to identify potential employees. We expect that a robust recruitment process has been carried out and where this has included ‘word of mouth’ or personal recommendation, especially among smaller employers who don’t have dedicated recruitment teams, we expect much greater scrutiny by the employer to ensure the employee has the necessary skills to undertake the work. We further expect that scrutiny is in place to ensure a genuine position exists and has not been created to enable a migrant worker to come to Jersey or remain in Jersey.

I am grateful for the level of cooperation we’ve had from all employers and WP applicants and I’m sure this will continue. However, please be aware that where we come across instances of non-compliance, deliberately or negligently, it will be recorded against an employer’s record and it will attract greater scrutiny or refusal for future work permit applications. If employers have any concerns over particular cases I encourage them to contact us at [email protected] where the team will do their best to assist.

The work permit for temporary 9 month and 1 year permits have the following criteria;

  • Robust and tested recruitment processes are followed to ensure, as reasonably practicable, only genuine migrant workers are recruited with appropriate vetting taking place
  • A genuine vacancy exists meeting the skills for the role. Roles must not be created to solely facilitate immigration of a specific migrant to Jersey
  • Overseas criminal record certificates are obtained from every country where the employee has been resident for more than 1 year in the last 10 years. Any prospective employee who has an adverse criminal history must be referred to JCIS
  • Employer must pay the ‘going rate’ for the role
  • Employer to ensure that the migrant worker is adequately accommodated meeting the minimum standards required which supports their health and wellbeing 
  • JCIS to be notified if the migrant worker does not arrive or depart as planned or if employment is terminated early

 Hospitality sector additional criteria

  • Migrant workers have successfully completed a course at a bona fide hospitality and tourism training institution and/or have relevant experience within the industry.

 Construction sector additional criteria

  • Employment is for a specific project – evidence of the project and its duration must be provided 
  • Migrant workers must possess the necessary experience/qualifications to be employed within the construction industry

The employer is also required to meet the requirements of the Control of Housing and Work (Jersey) Law 2012 and hold the requisite licensing permission. 

Applicants will not be required to provide evidence of the above to JCIS [when submitting an application]. However, they must maintain adequate records and material that demonstrates the criteria has been met. JCIS will request copies of documents as appropriate to ensure compliance with this policy.

The requirement of fulfilling all of the criteria remains with the applicant. If the applicant is acting on behalf of the employer, the applicant must be satisfied that the employer has met the above criteria.

Kind regards,

Luke Goddard | Acting Director, Immigration & Nationality

Customs & Immigration Service 

Maritime House | St Helier | Jersey | JE1 1JD

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