Committee for Home Affairs - P.2022/81
The States are asked to decide:-
Whether, after consideration of the Policy Letter entitled 'Population & Immigration Policy Review', dated 5th September 2022 they are of the opinion:-
1. To note the objective findings of the Review, and the evidence presented in sections 5 and 6 of this Policy Letter, that suggests an average net migration level of +300 per year over the next thirty years is required to sustain the Island's workforce at its 2020 level, and to agree that the economic competitiveness of the Island should be supported through the strategic population objective that:
"The States of Guernsey will assume, for the purpose of planning future infrastructure and service provision, that net migration will average up to +300 per year over the next thirty years. This assumption will support the capacity of the Island's workforce so that it remains a desirable and competitive jurisdiction, and will ensure that the Island can meet the needs of the economy with the necessary housing and infrastructure."
2. To agree that the strategic population objective shall be reviewed by the Committee for Home Affairs, in consultation with stakeholder committees, no later than December 31st, 2027.
3. To rescind Resolutions 3 and 4 of Billet d'État XXIV of 2015 ("Maintaining Guernsey's Working Population") and its accompanying strategic population objective.
4. To direct the Committee for the Environment & Infrastructure to include, in the work on market interventions that will be made by the States of Guernsey in respect of housing, specific reference to enabling the delivery of general housing units and stock, as well as social and key worker housing units and stock before the end of 2023.
5. To note that the Human Capital Development Plan will be published by Q2 2023, and to direct the Committee for Economic Development and the Committee for Education, Sport & Culture to ensure that the Plan supports the relevant aspects and recommendations of this Review.
6 To direct the Committee for Employment & Social Security to consider any recommendations in the areas of workforce participation where contributions and benefits may assist future outcomes, and to return to the States with any proposals before the end of 2023.
7. To direct the Policy & Resources Committee to lead a review of the options for any bespoke arrangements that ensure those who are new to a community, and who may only be staying and working in that community for a fixed period rather than on a permanent basis, access public services in a fair and transparent way, and to report its conclusions and make any recommendations to the States before the end of 2023.
8. To direct the Policy & Resources Committee to review whether any greater flexibility or benefits in kind could be applied to finance sector roles that are directly linked to Guernsey meeting its economic substance requirements, in order to include any new arrangements as part of the 2024 Budget Report.
9. To note the Committee for Home Affairs' intention to make any necessary policy changes to the Employment Permit Policy and the Immigration Work Permit Policy in line with the steps set out in paragraph 7.6 of this Policy Letter.
10. To agree that the Population Management (Guernsey) Law, 2016, shall be amended to provide that:
a) Short-Term Employment Permits may continue to be granted for a period of up to one year and may be renewed upon expiry by the Administrator until the holder reaches up to three years' consecutive residency;
b) An individual who has previously lived in Guernsey on the basis of a Short-Term Employment Permit for up to three consecutive years may be issued with a further Short-Term Employment Permit provided they have taken a "recognised break in residency", as defined under the Law; and
c) Medium-Term Employment Permits are removed from the Law.
11. To note the intention of the Committee for Home Affairs to develop and implement an improved end-to-end service through the merging, where appropriate, of Population Management and Immigration at the policy and operational level, and to further note that there may be consequential amendments to the Immigration Rules and resource requirements, including a minor capital funding request, to facilitate this and Proposition 7.
12. To note that one of the principal duties of government is to maintain the safety and security of the Island and its residents, and the ongoing roles and coordination of the Population Management and Immigration regimes in contributing to this duty will be continually reviewed by the Committee for Home Affairs.
13. To direct the Committee forHome Affairs to conduct a review of the routes to Permanent Residency under Sections 3 and 6 of the Population Management (Guernsey) Law, 2016, particularly in respect of so-called 'birth-right privilege', and to report its conclusions and make any recommendations to the States before the end of the current political term.
14. To note that the Committee for the Environment & Infrastructure is in the process of developing proposals for an Open Market inscriptions policy and the Open Market Transfer Register, and will seek to make any necessary recommendations to the States before the end of 2023.
15. To agree that Section 8 of the Population Management (Guernsey) Law, 2016, should be amended to make clear that Open Market householders may accommodate Seasonal Employment Permit holders.
16. To note that the Committee for Home Affairs considers it essential for the Population Management regime to apply as a level playing field for all business entities across Guernsey and Herm, and that it intends to consider, following the necessary consultation and engagement, how Herm can be included within the Population Management (Guernsey) Law, 2016, reporting back to the States by the end of 2023.
17. To rescind Resolution 2 of Billet d'État VII of 2017 ("The Population Management (Guernsey) Law, 2016 (Commencement) Ordinance, 2017").
18. To direct the preparation of such legislation as may be necessary to give effect to the above decisions.