Dear Members
The 6-month permit criteria:
Visa nationals
The below link is to the list of ‘visa nationals’. i.e. all nationals that are listed require a visa to come to Jersey (or the UK, Guernsey or IOM) for whatever reason and for whatever period. So an as example if you’re Kenyan, you’ll need a visa even if you want to come on a weeks’ holiday here.
Non-visa nationals (this title is a bit misleading as these nationals still need a visa to come here for whatever reason for more than 6 months)
But any national not on the list in the link below can ‘visit’ for up to 6 months without a visa. Or in the case we’re talking about, if work permit has been granted for 6 months or less, they do not need a visa to come and work here.
Immigration Rules Appendix Visitor: Visa national list – Immigration Rules – Guidance – GOV.UK (www.gov.uk)
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The temporary 9 month permits have the following criteria:
• Robust and tested recruitment processes are followed to ensure, as reasonably practicable, only genuine migrant workers are recruited from a hospitality background with appropriate vetting taking place (“Other than employing previous employees, this should include some form of selection or interview and some form of due diligence to ensure the prospective employee has the skills, experience or qualifications to undertake the role, which should go beyond taking a CV at face value”)
• 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.
• Migrant workers have successfully completed a course at a bona fide hospitality and tourism training institution and/or have relevant experience within the industry.
• 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
And states – “The Jersey Hospitality Association will not be required to provide evidence of the above to JCIS. 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.”
EXTENSION OF THE 9 MONTHS PERMITS
- Anyone who has a valid Hospitality Temporary Work Permit with a start date on or before the 1st May 2022 may apply to extend that Work
- Permit for a further 9 months
- an application for the extension within the last 3 months of the existing permission
- you will need to apply for a new work permit of 9 months
- once this has been approved
- you will be sent the details to apply for the Further Leave to Remain (RLR)
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The skilled route permit criterias are;
• Robust and tested recruitment processes are followed to ensure migrant workers have the appropriate experience or skills to fulfill the work they will undertake (“Other than employing previous employees, this should include some form of selection or interview and some form of due diligence to ensure the prospective employee has the skills, experience or qualifications to undertake the role, which should go beyond taking a CV at face value”).
A genuine vacancy must exist meeting the skills and salary threshold. Roles must not be created to solely facilitate immigration of a specific migrant to Jersey
The minimum salary threshold of £30,000 must be met or the ‘the going rate’ whichever is the higher
The job must be at or above the minimum skill level: RQF 3 or equivalent (A level or equivalent qualification). Migrant workers will not need to hold a formal qualification. It is the skill level of the job that must meet the standard
•The migrant worker must meet the minimum English language requirement – B1 or higher (see Appendix 4)
• Migrant workers being employed in Health, Therapy, Social Services and Education must obtain overseas criminal record certificates from every country where the migrant worker has been resident for more than 12 months in the last 10 years.
• 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.
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.
The requirement of fulfilling all of the criteria remains with the applicant.
“Applicants for immigration work permits do not need to prove they have attempted to recruit from within the Common Travel Area prior to applying to employ a worker from outside the CTA. However, with very few exceptions, those already lawfully within the CTA can come and work in Jersey without the need for an immigration work permit and this may be an option for employers to consider.”
Please be aware that the process of granting a work permit is not simply a rubber stamp and at any time we could come to you as the applicant to provide evidence that any of the above criteria have been met. I would therefore suggest (if it’s not recorded anywhere else) your forms make it clear that you need to be satisfied from the employer that these criteria have been met.
Should you wish the JHA to make the application of the permit for you, please send the application form duly filled + ALL documents listed in the checklist in ONE email to [email protected]
For more details visit the GOV WEBSITE.
DOWNLOAD the application forms here:
Work Permit Application Form
JHA Work Permit Application Process
Hospitality Work Permit Application Checklist
UK VISA APPLICATION
Access the Skilled Worker visa: eligible occupations and codes
Apply for your UK Visa HERE
