This document lists the most common questions about Employment Permits, Work Permits and the Employment Permit Policy.
Click here to return to the Employment Permit Policy.
Click here [226kb] for the PDF version of the Employment Permit Policy - Frequently Asked Questions (FAQ).
If you are unable to find the answer to your question, you can visit Population Management's FAQ page here.
You can also access Immigration's website here or Population Management's website here.
Why is an Employment Permit Policy required?
The Policy is designed to protect the Bailiwick of Guernsey employment pool and to support the States' Population Policies. It is also there to ensure Employment Permits are granted to individuals who meet the skills and qualifications outlined throughout this Policy. The Policy also aims to protect the welfare of employees, which includes strengthening safeguards against 'Modern Slavery' by protecting vulnerable people from exploitation.
When does the new joint Employment Permit Policy come into effect?
3rd April 2023
What happens to my Employment Permit or Work Permit application made before 3rd April 2023?
The application will be considered under the existing policy (old Employment Permit Policy or Work Permit Policy) at the time of application. If an Employment Permit application was made before 3rd April 2023 but the employment relating to the application does not start until on or after 3rd April 2023, it will be considered under the new Employment Permit Policy.
Are Employment Permits changing under 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.
I hold a Short Term Employment Permit or Medium Term Employment Permit, how do the changes to these Employment Permits under the Population Management Law affect me?
Transitional policies have been brought in to provide guidance on how this will affect STEP and MTEP holders already living in Guernsey. These can be found
How do I make an application (island of Guernsey)?
Processing times for all types of application can be found within these FAQs. A person should not travel and enter the UK CTA without a visa (or Work Permit in the case of the 6-month visa exemption) being granted.
How do I make an application (Alderney or Sark)?
Processing times for all types of application can be found within these FAQs. A person should not travel and enter the UK CTA without a visa (or Work Permit in the case of the 6-month visa exemption) being granted.
What happens if a job role I need is not listed in the Employment Permit Policy?
If a job role is not listed on the Employment Permit Policy but is featured on the UK Skilled Occupations List ("the UK List") a Work Permit could still be considered.
An application would need to be made for an 'out of policy' Short- or Long-Term Employment Permit. This type of application requires additional information and supporting material which can include key elements of the role and how this aligns to your business plan, succession planning, recruitment efforts, etc. The application is then reviewed on a case-by-case basis by the senior management and a decision is made based on the information provided within the application in conjunction with any Committee and States Policies available at the time.
As with all 'Out of policy' applications there is not guarantee a Permit can be granted until the full application is reviewed.
To find out more about 'out of policy' Employment Permit applications, please click here.
If a role is not featured on the UK List, you should contact the Population Management team by email or telephone +44(0)1481 225790 for further guidance and advice.
Can I change job and/or employer and/or sector?
An Employment Permit holder should only expect to change role, employer or sector if they meet the criteria for the new job role within the Employment Permit Policy.
If a person is dismissed, resigns or is made redundant, they should click here for further advice and guidance.
What is Population Employment Advisory Panel (PEAP)?
PEAP is made up of industry-leading volunteers who provide up-to-date information to the Committee about the island's dynamic employment market, and the current and future needs of the island's employers.
The PEAP is a channel for information to flow from the island's business sectors to the Committee about the different levels of skills and labour shortages in Guernsey and Employment Permit Policies. In this way, Guernsey businesses have direct input into the policy development.
If there is a significant shortage of a particular role in Guernsey and multiple 'out of policy' applications have been made, an employer can contact PEAP to find out if it is possible to amend the Employment Permit Policy.
To find out more information about PEAP, click here (scroll to the bottom of the page).
Can I travel if I have not received my Employment Permit?
Yes, provided the employee has been granted permission in principle for an LTEP/STEP/SEC and issued a reference number in order that he/she can apply for their Visa, he/she is able to arrive in Guernsey even if a permit has not been issued. The employee is covered by the Population Management (Guernsey) Law, 2016 to live and work in the island of Guernsey, provided an application has been submitted through the Population Portal.
A person must be granted an entry clearance Visa before arrival into the CTA, failure to obtain a Visa may result in being refused entry into the CTA.
N.B; this is not applicable for 6-month visa waiver or persons working in the outer islands of Sark or Alderney, the person must be in possession of an immigration Work Permit before travel and a Visa (if required).
What is considered to be full-time employment?
At least 35 hours a week
Can I work part-time?
In order for an Employment Permit to be granted a person needs to be working at least 35 hours a week (there are some exceptions), so they are unable to be granted a Permit for part-time employment.
If a person secures full-time employment under an Employment Permit they are able to under the same Employment Permit undertake additional part-time employment (as long as they continue in working in the named full-time role for the named employer and meet the other conditions listed on their Permit).
How many hours can I work as additional part-time employment?
There is no fixed limit but this should not impact on your ability to undertake the full-time employment listed on your Employment Permit.
Do I need to have another Work or Employment Permit for a part-time job?
You are able to use your existing Employment Permit for additional part-time employment in addition to the full-time employment listed on your Permit (subject to continuing to meet the conditions of the Permit).
Should my part-time employer give me a contract of employment?
If you work eight hours or more a week for your part-time employer, then you should be given a clear understanding of the terms and conditions of your part-time job which can be written or verbal.
What if I resign, retire, made redundant or are dismissed before the expiry of my Employment Permit/Work Permit?
Because your Employment/Work Permit will have become immediately invalid, you may be eligible for a short-term Discretionary Resident Permit to regularise your position in Guernsey. A person will need to have:
made arrangements to leave Guernsey; or
found eligible employment with another employer who has made an Employment Permit application on your behalf; or
made an application based on your circumstances.
To find out more information and guidance on what to do next, click here.
What happens if I arrive in Guernsey without a visa?
If you are not British /Irish, hold EU settled status or pre-settled status or hold the relevant immigration permissions I.e., indefinite leave to remain, then you may require a visa to enter the Common Travel Area (CTA) for work purposes. Failure to obtain a visa when required could lead to refusal to enter the CTA. A person must not start work without the required visa. In this situation the person would be given notice to return home at the earliest opportunity with a view to obtaining the correct entry documentation.
Why does Immigration and Population Management now have one list of pre-approved job roles?
As a result of Brexit and the end of 40 years of free movement between the UK/Islands and the EU/EEA/Switzerland, anyone who is not a British or Irish national needs to hold a valid immigration status. This means that any new EU/EEA/Swiss nationals now need to apply for a visa to live and work in Guernsey. Other factors which have caused added recruitment challenges have also meant that employers are having to recruit from further afield. Up until the 3rd April 2023 Population Management would primarily determine an application for an Employment Permit through the Employment Permit Policy (EPP) and the Guernsey Border Agency (Immigration) would primarily determine a Work Permit application through the Work Permit Policy (WPP). Both the EPP and WPP are Committee for Home Affairs policies (as the Committee is responsible for both Population Management and Immigration), however, they have evolved differently leading to both Policies listing different job roles and criteria, as well as different rules relating to which nationalities can access job roles. This meant that a person requiring immigration clearance had to meet the job role criteria of both the EPP and WPP to live in Guernsey. This often resulted in a person and/or business being unable to access labour that was required. This single joint list now means that it is easier for both individuals and employer to navigate through the policy and understand their eligibility to live and work in Guernsey. This also allows for more efficient administration eventually utilising one Permit (Employment Permit) and one application process.
What are the current processing times?
Currently the processing times for 'in-policy' Employment Permits applications are up to approximately 8 weeks from final submission (date the full administration and information is received) for a 'decision in principle'.
For 'out of policy' Employment Permits applications are up to approximately 10 weeks from final submission for a 'decision in principle'.
If an employer has not received any email contact (or otherwise) by the timeframes outlined above, they are encouraged to contact the Population Management Office.
Please be aware that in the event a work visa is required for an employee, late submissions of the visa application can cause additional delays.
Why am I being asked to apply (or my employer) for another type of Population Management Permit?
Under the previous policy framework work visas (for EU nationals) may have been granted for other types of permit under the Population Management Law. Under the new Employment Permit Policy in order for a person to be granted a work visa or Further Leave to Remain (for employment purposes), they will be required to hold a STEP, SEP or LTEP.
For Rest of the World nationals because Work Permits are now being issued through the Population Management Employment Permit, any requirement for a new Work Permit (e.g., changing role or employer), work visa or Further Leave to Remain will mean the person will need to hold a STEP, SEP or LTEP.
What if I don't meet the criteria listed in the Employment Permit Policy - Pre-approved Posts?
If you are applying for an LTEP post, you may be eligible for a 'Pathway' or 'Limited' LTEP. If you are applying for a STEP/SEP post and do not meet the required criteria, the application will be rejected.
What is a 'Pathway' LTEP?
What is a 'Limited' LTEP?
What comes first the visa or Employment Permit?
An application for an Employment Permit must be made before an application for the relevant visa is made, due to visa application data requirements (e.g. Employment Permit application number (P-XXXX-XXXX), start date etc.). Once the Guernsey Border Agency receive a 'decision in principle' from the Population Management Office for the Employment Permit application and a visa referral from the UK Home Office, a decision on the visa can be made.
In the event the decision for a visa referral is to approve (the decision in principle for an Employment Permit is required for this), the Guernsey Border Agency will notify the UK Home Office who will then grant the visa to the employee and can travel to Guernsey, even if the Employment Permit has not yet been granted (as the employee is covered by the Population Management Law).
Why am I granted a separate Work Permit and Employment Permit under the 6-month visa exemption?
This is because a person requires the relevant entry clearance to work within the Common Travel Area (CTA). If a person arrives in the CTA without the relevant entry clearance, they will be considered a visitor under the Immigration (Bailiwick of Guernsey) Rules, 2008 and would be prohibited from undertaking employment. In most cases a work visa (applied for and granted by the UK Home Office) is a person's relevant entry clearance. However, under the 6-month visa exemption arrangement a visa is not required but the relevant entry clearance for employment still is required, which in this case is granted through a separate Work Permit (in addition to an Employment Permit) and must be done before the employee travels to the CTA.
Why can I not apply for an Employment Permit for Alderney and Sark?
An Employment Permit is issued by Population Management under their Population Management Law (Guernsey), 2016. This Law only covers the island of Guernsey and its territorial waters and so does not include the other islands in the Bailiwick. Immigration legislation by necessity includes the Bailiwick as a whole and an immigration Work Permit will be required for persons seeking to work in the outer islands.
I have a Work Permit, why do I need a Population Management Permit?
Everyone living and working in island of Guernsey needs to hold a Population Management Permit or Certificate (although there are some exceptions) under the Population Management (Guernsey) Law, 2016. Anyone who holds an existing Work Permit is doing so because they require additional immigration clearance to live and work in Guernsey. Under the new Employment Permit Policy, anyone wanting to live and work in Guernsey will only require a work visa and Employment Permit. This is because the Employment Permit will also act as a Work Permit.
The remaining Bailiwick islands will not be able to hold an Employment Permit and will be issued with a Work Permit and work visa.
Can I change from a dependant family member to an Employment Permit holder?
Yes, provided you meet the criteria for the post and apply to hold the correct Employment Permit. If you hold immigration permissions (visa) you will be required to apply to immigration to change these permissions from the dependant family member category to employment/work category (fees are applied).
Can I change from an Employment Permit holder to a dependant family member?
Yes, provided another immediate family member of your household is granted a Long Term Employment Permit (would become a householder). If you hold immigration permissions (visa) you will be required to apply to immigration to change these permissions from the employment/work category to the dependant family member category (fees are applied).
Do I need to get an overseas criminal records check?
Yes, those applying for an Employment Permit will require an Overseas Police Check from every jurisdiction outside of the Common Travel Area (UK, Ireland, Channel Islands or Isle of Man), if they have resided there for more than 12 months in the last 10 years (immediately before an application). It is asked that where possible, this is provided in English.
I am an employer who runs a hotel. Will I still be able to apply for Open Market Employment Permits for live-in staff?
- Absolutely. Because hotels are inscribed as Part B of the Open Market Housing Register, you can continue to access Open Market Employment Permits for full-time staff who live and work within the hotel but only if they are British/Irish nationals or anyone else who does not require a work or dependant visa (e.g. Indefinite Leave to Remain, EU Pre-settled Status, EU Settled Status, etc.).
- For people who require a work visa, only a Seasonal, Short or Long Term Employment Permit can be held as these are assessed against the Employment Permit Policy.
- For people who require a dependant visa, only a Permit conditional on living the named family member (e.g. Family Member Resident Permit) can be held post-3rd April 2023.
I am a householder of an Open Market Part A property. Will I still be able to apply for Open Market Employment Permits for live-in staff?
- Absolutely. Because you have confirmed you are living as the householder (primary tenant or owner) of a private family home inscribed as Part A of the Open Market Housing Register, you can continue to access Open Market Employment Permits for full-time staff who live and work within your home but only if they are British/Irish nationals or anyone else who does not require a work or dependant visa (e.g. Indefinite Leave to Remain, EU Pre-settled Status, EU Settled Status, etc.).
- For people who require a work visa, only a Seasonal, Short or Long Term Employment Permit can be held as these are assessed against the Employment Permit Policy.
- For people who require a dependant visa, only a Permit conditional on living the named family member (e.g. Family Member Resident Permit, Open Market Employee Family Member Resident Permit, etc.) can be held post-3rd April 2023.
I am an employer who runs an Open Market Part C Residential/Care Home. Will I still be able to apply for Open Market Employment Permits for live-in staff?
- Absolutely. Because you have confirmed that your Residential/Care Home is inscribed as Part C of the Open Market Housing Register, you can continue to access Open Market Employment Permits for full-time staff who live and work within the Residential/Care Home but only if they are British/Irish nationals or anyone else who does not require a work or dependant visa (e.g. Indefinite Leave to Remain, EU Pre-settled Status, EU Settled Status, etc.).
- For people who require a work visa, only a Seasonal, Short or Long Term Employment Permit can be held as these are assessed against the Employment Permit Policy.
- For people who require a dependant visa, only a Permit conditional on living the named family member (e.g. Family Member Resident Permit) can be held post-3rd April 2023.
I hold a 3-year or 5-year Work Permit to work in a named job role. I want to change employer but the job role I work in is now only eligible for a Short Term Employment Permit/Seasonal Employment Permit. How does this affect my Work Permit?
- If you have an existing Immigration Work Permit this will remain valid as long as you continue to meet the conditions listed on the Permit.
- If you hold a 3-year or 5-year Work Permit to work in a named role for a named employer and you want to change employer but you are continuing to work in the same role, however, under the new Employment Permit Policy the role is only eligible for a Short Term Employment Permit/Seasonal Employment Permit, a separate Work Permit will be issued in addition to an Employment Permit up until the same immigration expiry date.
- It should be noted that as the role is only eligible for a Short Term Employment Permit/Seasonal Employment Permit, you will be unable to accommodate dependent family members under the Population Management Law. You will also only be able to live on a lodgings basis (renting a room where a householder is present) in any Local or Open Market property. There is no expectation to become residentially qualified in Guernsey under these types of Employment Permit.
