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Employment Permit Policy (from 3rd April 2023)

Contact Us - Population Management Contact Us - Passports and Immigration

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Changes are happening to the way an Employment Permit and Work Permit are applied for in Guernsey. This is following a political review of both the Population Management and Immigration regimes and how they support our community, economy and business needs, now and in the future.

Prior to 3rd April 2023, the Employment Permit Policy (EPP) regulated when an Employment Permit can be granted under the Population Management (Guernsey) Law, 2016. The Work Permit Policy (WPP) regulated when a Work Permit can be granted under the Immigration Act, 1971, as extended to the Bailiwick of Guernsey.

Both are required in order for a person to live and work in the island of Guernsey (The Population Management Law is not in force in Alderney, Sark and Herm and their respective local regulations are also required to be met).

Through various factors, including Brexit, businesses are looking further afield to fill skill and/or labour shortages in Guernsey. The States' recognises the current recruitment challenges the islands face. By having two policies (the EPP and WPP), both with different criteria and different decision-making framework, this has created an added barrier for businesses and organisations in filling roles to deliver the most essential services.

The Committee for Home Affairs, who are responsible for both Population Management and Immigration, have agreed a single joint policy which covers both an Employment Permit and Work Permit and will be referred to as the 'Employment Permit Policy'. This means that the same job roles will be available to all nationalities, providing clear guidance to employer and individuals.

As well as a joint policy, Work Permits issued for the island of Guernsey will be issued through the Employment Permit (as a joint single Permit) in addition to a visa. This has been trialled successfully with applications for EU/EEA/Swiss nationals since Brexit. Separate arrangements are being made for Alderney, Sark and Herm.


The new Employment Permit Policy comes into force on 3rd April 2023.

Employment Permit Policy (EPP):

You can access our web-based glossary here.

You can also access our Frequently Asked Questions page dedicated to the new Employment Permit Policy here.


 

  • What do these changes mean as a British or Irish national? 

    • The application process will remain largely unchanged for British and Irish applicants. What the change in policy means for British and Irish applicants is that more job roles are now eligible for Long Term Employment Permits (LTEP). These job roles can be found pdf icon here [415kb].
    • British/Irish Short Term Employment Permit applicants will be required to provide reference(s) (can be found within the pdf icon EPP - General Provisions [270kb] document) as part of their application. This will be requested manually by email when the application is being processed by an officer.
  • What do these changes mean as an EU/EEA/Swiss national?

    • The application process will remain largely unchanged for EU/EEA/Swiss applicants. What the change in policy means for EU/EEA/Swiss applicants is that more job roles are now eligible for Long Term Employment Permits (LTEP). These job roles can be found pdf icon here [415kb].
    • EU/EEA/Swiss applicants will be required to provide reference(s) and evidence of any qualification required for the role (can be found within the pdf icon EPP - General Provisions [270kb] document), as part of their application. This will be requested manually by email when the application is being processed by an officer.
  • What do these changes mean as a 'Rest of the World' national (all other nationalities)?

    • RoW nationals will be able to access more job roles than ever before. This is because the Employment Permit Policy has been designed so that all job roles, including the criteria (where possible) are applicable to all nationalities. These job roles can be found pdf icon here [415kb].

Eventually only a single online application (through the Population Portal) will be required for an Employment Permit and Work Permit. In the meantime, please see the manual application process from 3rd April 2023:

  • What is the application process (visa route) (Alderney, Sark & Herm)

    • EU/EEA/Swiss/'Rest of the World' (RoW) national (PDF version can be accessed pdf icon here [154kb])
    • 1. Employer makes pdf icon Work Permit application [762kb] directly with the Guernsey Border Agency (Immigration), including the pdf icon Criminal Declaration Form (CR1) [565kb] and an Overseas Police Certificate.
    • 2. Employer is granted a Work Permit.
    • 3. Employee applies for a visa* online directly with the Home Office.
    • 4. Once the visa has been approved and issued, the employee can arrive in the Bailiwick.
    •  
    • *Once the Work Permit has been issued.
    • A person should only expect for a visa to be granted if they meet the provisions of the Immigration Act, 1971 (as extended to the Bailiwick of Guernsey) and the Employment Permit Policy.
    • All applications for Further Leave to Remain still require an application made directly with the Guernsey Border Agency.
    • Visa application guidance for the Bailiwick of Guernsey:
    • STEP and SEP need to apply for 'Seasonal Worker (temporary worker)'
    • LTEP needs to apply 'Work permit for the Bailiwick of Guernsey'
    • Click here for the latest visa application guidance for Guernsey.

Changes to the Population Management Law

As well as bringing in a new joint policy, the States' agreed in October 2022 to make changes to the Population Management Law. These changes are so that Guernsey can continue to access all of the job roles listed in the Employment Permit Policy whilst being compliant with the UK immigration legislation, which is extended to the Bailiwick of Guernsey. A summary of changes relating to Employment Permits can be found below:

Short Term Employment Permits (STEP)

Short Term Employment Permits will continue to be issued for up to 12 months, renewable upon expiry. However, the holder will now only be able to hold a STEP until they reach a total of 3 consecutive years of residence in Guernsey.

This change means that once a person completes a 'recognised break in residence' (time away from the island which is equal to or greater than their last period of residence, which includes any unrecognised breaks since their first arrival or last recognised break) they are able to return to Guernsey holding a Short Term Employment Permit.

Medium Term Employment Permits (MTEP)

Medium Term Employment Permits are being removed from the Population Management Law. This will leave Short Term, Seasonal and Long Term Employment Permits that will continue to allow residence within Local Market accommodation. Anyone who holds a valid Medium Term Employment Permit will not be affected by this change, as their Permit will remain valid until it's expiry (subject to meeting the Permit conditions). 

This will mean that many roles previously only eligible for an MTEP under the old Employment Permit Policy may now be eligible for an Long Term Employment Permit under the new Employment Permit Policy.

These changes will take a while to be included within the Population Management Law and pdf icon transitional policies [183kb] have been agreed so that employers and individuals can benefit from these changes now. These policies also provide guidance on anyone who was holding a STEP or MTEP on 3rd April 2023.

  • I am already living in Guernsey holding a Short Term Employment Permit or Medium Term Employment Permit, how does this policy change affect me?

    • For anyone already living in Guernsey holding a Short or Medium Term Employment Permit on 3rd April 2023, transitional policies have been introduced on how the changes listed above will affect you. These can be accessed pdf icon here [183kb].

 

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