Introduction of Work Permits

INTRODUCTION OF WORK PERMITS _______________

Lodged au Greffe on 4th July 2000 by Senator P.V.F. Le Claire

______________________________

STATES OF JERSEY

STATES GREFFE

180             2 0 0 0   P . 1 0 7          

Price code: C

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

( a ) to agree, in principle, that all persons who are not eligible for consent to lease or purchase residential

accommodation in accordance with the provisions of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, and persons who were not ordinarily resident on the day of introduction of the scheme, should be required to obtain a work permit before taking up employment in the Island for the first time;

  (b ) to charge the Policy and Resources Committee, in conjunction with the Industries Committee and any other

Committee involved, to bring forward proposals for the implementation of a work permit scheme compatible with the Island's international obligations and based on the general principles set out in the Appendix to the report of Senator Paul Vincent Francis Le Claire dated 23rd September 1999.

  (c ) to agree, in principle, that the work permit scheme, once implemented, should replace the current provisions

on the engagement of locally qualified persons as defined in the Regulation of Undertakings and Development (Jersey) Regulations 1978, as amended, and to charge the Industries Committee to prepare the necessary legislation to implement the change.

SENATOR P.V.F. LE CLAIRE

REPORT

It is important to refer those reading this report to the Act of the States dated 5th November 1997, in which they approved the recommendation in the Strategic Policy Review and Action Plan 1997, Part 1, that the resident population should be the same as, or less than, the level in September 1995.

The Policy Advisory Committee in a Report submitted to the States in 1974 laid down an economic strategy which served an objective to hold the rate of population increase to below 500 a year and to limit the level of population to 80,000. The emerging Policy and Resources Committee has been unsuccessful in reaching that objective.

Background to population growth control

The States adopted a proposition of the Defence Committee on 26th September 1972 to set up a special Committee of the States to submit recommendations with the object of providing the Island with means of protection against immigration and unemployment. This Committee essentially followed on from the Immigration Working Party appointed on 9th July 1968 to report on all the implications of continuing and increasing immigration to the Island and the desirability and practicability of imposing some form of control thereon. The special Immigration Committee reported in March 1973. The major recommendations to the conclusion of that report which had the greatest bearing on States policies were that the average annual net rate of immigration should be such that by 1995 the population would not exceed 80,000. Some nine years ahead of those recommendations in 1986 the population reached 80,212.

(I draw from the work produced by the States Environmental Advisor.)

The view is frequently expressed that there has been a lack of political will to tackle the issue of immigration and that the present population level has led to much loss of the "Jersey character". A manifestation of that problem is well-demonstrated with the Island Plan. It based its policies on a States agreement to limit population to 80,000, and it has had to grapple with the fact that, throughout the operation of the Island Plan policies, that level has been significantly exceeded.

The feelings of the Island's public on this issue are virtually unanimous. The 1995 MORI survey revealed that over 90 per cent of respondents did not wish to see the population increase, with over 60 per cent wanting to see a decrease. This was strongly reinforced in the Focus Group study. A preliminary questionnaire survey revealed a 70 per cent dissatisfaction with the population level and 90 per cent wishing to see it remain at its present level or decrease. A further reinforcement came from the actual focus groups, who expressed a strong consensus across all the groups that population is the prime cause of the Island's current environmental and social problems. Resolving the population issue must be the key objective of the States. The States have already responded to the strong concerns expressed on this issue with its endorsement of the 1997 Strategic Review and Action Plan, e.g. the recent amendment of the Regulation of Undertakings and Development Law. As the latest manpower returns indicate, there is absolutely no room whatsoever for complacency.

All the indicators point to the fact that the population is still growing at a significant rate and the need to dampen the demand pressures in our local economy persist. Adverse reaction to the recent tightening of the Regulation of Undertakings and Development Law must be tempered with a realisation that the Island has no choice but to face up to the population issue and no solution will be easy.

Given the anecdotal and other evidence of continuing population growth, other methods, e.g. identity/work permits, may need to be seriously considered without delay. (Jersey In The New Millennium, October 1998.)

It is all too evident with the recent announcements concerning our schools, our prison, our social amenities, our policing difficulties, our transportation, housing provisions, our health services, sheltered housing (up by a quarter in occupancy since last year), increased calls for more public sector employees and the desire to implement outsourcing of States' functions, that we are likely to see an enormous increase to our social welfare bill, with the effect of a decreased quality of life. In the future there is no absolute guarantee of the continued very high financial gains that are provided by the finance sector.

Currently we are trying to control population through the Regulation of Undertakings and Development Law, which is in fact a law to control provision of workers to businesses, a mechanism that does not take into account the quality of arriving or existing workers, the number of their dependants and their backgrounds. All of these new arrivals need access to our social and community benefits. Recently the President of the Human Resources Committee, Deputy David Crespel, pointed out that "a lot of the back room functions of the banks are being outsourced", which in part is in line with States-driven policies "and an increased need to import highly skilled employees from without the Island to fill these jobs" - surely now is the time to insist on training locals for these positions by limiting the opportunities of companies and individuals to use imported labour. There are two important needs of our community that should be addressed. The first is the need for properly skilled employees, and the second is the need to ensure that Jersey residents come first when they have the skills that are needed. These two needs often seem to be in conflict with one another. Employers often feel immigration is not responsive to their needs, and Jersey residents often feel immigration is not responsive to their aspirations. Jersey needs a properly skilled work force to guarantee that we are able to compete in the world's economy, and a mechanism to ensure training and employing capable Jersey residents is the most desirable route for employers to take. The recent high levels of academic achievements being attained in our schools, in such things as GCSE and GCE A' levels gives evidence to this fact. The future work force for this Island, and indeed other Islands, can be better served by employing locally educated people, rather than importing people with arguably more verbal confidence in their abilities, than documentary evidence to support it. Jersey students' achievements are indicated in the following -

A ' le v els - proportion entries recorded at A-B in 1999 were 41.8 per cent, which was better than the United Kingdom, where students' proportion entries recorded at grades A-B were 36.5 per cent, which is over five per cent higher. A higher proportion of our youngsters take A' levels than is the case in the United Kingdom. A-C entries recorded by Jersey students was 65.7 per cent, and in all the United Kingdom it was 57.5 per cent.

Fo r G C SEs (the replacement for the old O' level) and CSEs recorded in Jersey in 1999, using the proportion of

students who recorded five or more grades A* which is better than A-C in Jersey achieved 64.6 per cent in the United Kingdom for 1998 it was recorded at 46.3 per cent. If we look at the number of subject entries at A*-C in Jersey it was 70.2 per cent, and in the United Kingdom 55.8 per cent, again 14.4 per cent ahead of the United Kingdom.

This reflects three things in relation to our ongoing investment within the Island, and in our children, through our education system.

1. T h a t  education is something that is still valued by the majority of people in the Island as providing a means for advancement.
2. T h r o u gh the revenue budget the States shows its commitment to providing an education service of high quality, thus we invest more in individual pupils than in many places in the United Kingdom, as is shown by smaller class sizes. (When people buy private education they are normally buying smaller class sizes.)
3. T  h at  we are continuing to invest heavily to provide a world-class educational infrastructure through our capital programme.

The proportion of youngsters that go on to Universities and Colleges in Jersey varies by year to year, but in 1998 it was running at between 40-45 per cent. The figure in the United Kingdom in 1998 was 33 per cent.

There has of late been many an electoral candidate (albeit unsuccessful in the main) who have indicated the number of births over deaths in Jersey were the reason for our population increase. Whilst this is a factor it is hardly an accurate way of measuring the whole picture. There can be no doubt that those who are coming here from financially depressed regions see Jersey's environment as a good one to have their children brought up in or indeed born into.

In the meanwhile many local people are repeatedly voicing concerns of children with grandchildren in tow giving up on their Island because long ago the Island gave up on them. Increased measures of immigration will guarantee and allow Jersey youngsters an opportunity to realise their full employment potential by conserving and creating employment opportunities in Jersey and even one day achieving something that is currently unattainable for many, that of home ownership!

The main consideration before granting work to a non-Jersey resident is whether there is a suitable qualified Jersey resident who is interested in the job. An employer who applies to employ a non-Jersey resident in a job for which there was a Jersey resident applicant is required to give clear, satisfactory reasons for not employing the Jersey resident. It should be appreciated though that the department issuing the work permit cannot force an employer to employ a particular Jersey resident, only prevent him from employing a non-Jersey resident by not granting them a work permit. As for the complexities of a work permit in relation to the rapidly changing and demanding nature of certain projects, such as the waterfront hotel and leisure centre, it could be possible to issue a set number of permits to a company for the length of a certain project that could be issued by the company pending a police check or other registration requirement, as deemed necessary to ensure effective and efficient processing of applications by potential workers. Jersey cannot continue to use developing countries' labour as a means to its short-term needs, as this provides for the short-term but does little to address our long-term requirements, and those of the dedicated workers that are in this way exploited due to an overdue policy deficit.

These policies are intended to protect the interest of Jersey residents, while at the same time not to be so restrictive that they act to the detriment of Jersey as a whole. Those who feel they are too restrictive, as well as those who feel they are not restrictive enough, are reminded that ultimately if we are to contain our never-ending housing problems, preserve the environment of the Island, slow down and reverse the increase of crime and drugs that is on the rise in an alarming way and

avoid even greater problems in the future, then such policies are essential.

Jersey must get to grips with the population, immigration and housing issues sooner rather than later, before the Island risks alienating those living here, both transient and resident, through our lack of courage in getting to grips with the issues that go to make up these growing problems.

So far Jersey has relied on the fact that there is no unemployment benefit, housing regulations coupled with inadequate accommodation, and the Regulation of Undertakings and Development Law to keep the population down, but this is unacceptable. The Island is heavily dependent on importing people to work as teachers, nurses and in the tourism and retail industries, and while such people are not residentially qualified, many become residentially qualified through marriage or continue to remain in Jersey after their "j" category licences expire.

Checks into people's backgrounds and history are almost non-existent and no provision is made to identify the number of family members that accompany them to the Island, which in turn leads to greater pressure on our infrastructure. Unscrupulous businesses and criminal elements are not likely to heed such weak control mechanisms such as the ones that are currently in place. We have evidence to that fact, as seen recently with serious criminal offenders being sought by United Kingdom authorities that are known to Jersey Police. The recent spate of attacks on women in St. Helier and even Trinity were so serious as to initiate a call from the States of Jersey Police for women not to walk alone in town after dark. There can be no doubt that the quality of life in Jersey has now changed to the degree that Jersey is no longer the same attractive place it once was.

The Regulation of Undertakings and Development Law is currently being hailed as a cure-all solution. Whilst it is important to recognise the important role this idea has to play within effective population management, it is also responsible for us to acknowledge its shortcomings. The department continues to allow more businesses to open in the Island, with licences being granted for workers that are just not available, and so poaching of staff is rife. Wage increases are occurring in all sectors of the community as firms play tug-of-war for the available staff. The rate of inflation for December 1999 was given at 4.4 per cent: this has been directly attributed to this ill-conceived law which has forced businesses to hike up wages to retain staff, proven in the Average Earnings Index, which saw an increase of 7.6 per cent. This current spiralling increase in wages has, in turn, had a knock-on effect of price increases in many areas. There is also a message going out loud and clear, although perhaps wrongly, that seasonal work is not available.

The current need for large projects to suck in tradesmen and women of every description to complete these schemes is going to see an increase of pressure on the demands for our housing needs, social needs and the immediate impact on construction prices soaring, with a social need at present on the housing waiting list of 400, one begs the question, "What are we thinking - short-term greed - long-term need?".

The reason for proposing the implementation of work permits as a means of controlling the population has been made in many reports over many years. It is now time to put the dialogue to rest and to implement the wishes of the people.

The accompanying Appendix gives details of the general principles on which a work permit system would be based, having taken into account many people's views, from constitutional lawyers to general members of the public, under a working party that was set up by myself, Senator P.V.F. Le Claire. I appreciate that the final details of any scheme would need to be the subject of detailed discussion with the Law Officers' Department to ensure, as far as possible, that the legislation can be certified as compliant with the European Convention on Human Rights. The Attorney General has confirmed to me that the Convention does not provide a bar to the introduction of work permits providing that the detailed scheme is devised with care.

APPENDIX

WORK PERMITS IN JERSEY

The following are details of a work permit scheme as proposed by Senator P.V.F. Le Claire. Introduction

Work permits are seen as a means of protecting employment opportunities for local workers and are a means of controlling overpopulation. They are not intended to act as a restraint of trade. The system applies only to work carried out in Jersey and is not the same as that for overseas workers, to whom immigration restrictions apply as in the United Kingdom.

This leaflet is intended as a general guide and should not be seen as a complete and authoritative statement of the law. For further information or advice please contact -

The Employment Office Address

The requirement for a work permit Persons who require permits

Except in the case of a small number of occupations, all persons who are not eligible for consent to lease or purchase residential accommodation in accordance with the provisions of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, requires a permit to take up employment, including self-employment in Jersey. The people that possess full housing qualifications for the purposes of clarification shall be known in relation to these matters as "residentially qualified employees".

Employment for which permits are not required

Temporary employment for not more than three days. This is meant to cover the situation where someone comes to the Island, carries out a specific job and goes away, not to return. Someone who makes repeated short-term visits to the Island is counted as having built up a pattern of employment in the Island and requires a permit.

Temporary employment for more than three days where the Employment Centre is satisfied that there are good reasons to grant an exemption. This applies, for example, to persons directly involved in the Battle of Flowers or other large and specialised events where it is obvious that there are no locals available.

In addition, special exemptions are made by Order to cover certain situations - Civil emergencies

Persons in temporary employment, mainly in relation to criminal investigation or similar, i.e. in connection with court proceedings.

Non-resident, non-executive directors who visit the Island for not more than three days in any calendar month. The intention of this is that they can come to the Island to attend board meetings.

Right to work applications

How to apply for a permit Application forms are obtained from -

The Employment Centre address

The employer is responsible for applying for the permit, but part of the application has to be completed by the employee. There is a slightly different form for self-employment. In both cases the questions to be answered are as required and designed to obtain enough information about the proposed employment and the person concerned to enable a proper decision to be made. If any doubt remains, the Department is entitled to ask for further details in support of the application.

As it is an offence for a person who requires a permit to start work without one, the application for a permit should be made up to three weeks in advance of the proposed starting date, except in certain circumstances where there are extenuating circumstances that must be approved by the Employment Centre. The employer is expected to advertise the employment concerned so that native residents have the chance to apply.

The issuing officers take into account the extent to which advertising has been done, i.e. in the local press or in trade journals, radio, television or through the Job Centre or an employment agency. The response from local workers and the reason for their rejection is noted.

Advertising criteria

Immigration  and  Employment  Policy  requires  that  qualified  and  interested  native  residents  should  be  given  the  first opportunity to fill job vacancies. If there are no qualified and interested native residents, then the employer may apply for a permit to employ a non-residentially qualified employee. The method of determining whether there are any residentially qualified employees available is by advertising the vacancy at least three times in the Jersey Evening Post and by checking to see if there is anyone registered in that work category with the employment centre.

It is also desirable that the staff of the organisation involved should be informed of the vacancy, through notices on company bulletin boards, as an additional means of ensuring that residentially qualified employees are given an opportunity to apply. Employers are urged to follow this practice.

The advertisement must appear on three consecutive days in The Jersey Evening Post. These appearances must be as space ads in the "Situations Vacant" page. Each advertisement must include -

• th e name of the company seeking the employee;

• th e title of the job being filled.

The advertisement should be worded as to give a brief description of the job to be filled and should not be tailor-made to fit a particular individual. The conditions of the job must be in accord with what is considered normal practice in Jersey.

A grace period of at least five working days following the last advertisement must elapse before applying for a work permit, to allow sufficient time for a residentially qualified employee to apply.

Employer application for permits

On application for a work permit the employer must submit copy and dates of the advertisement.

A copy of any correspondence sent to a residentially qualified employee who was not successful should accompany the application.

Applications for a work permit would not be considered if three months or more have elapsed since the position was advertised. However, once permission in principle to employ a non-residentially qualified employee has been granted, then advertisements may be made up to six months after the advertisement has appeared.

Three-year advertising

Unless there are special circumstances, the Employment Office will require that a job held by a non-residentially qualified employee be re-advertised after three years prior to the renewal of the work permit being considered. This is to ensure that any residentially qualified employee who in the meantime has become qualified or is available to fill the post is given priority. If a residentially qualified employee is found, the work permit may not be renewed.

Permit application decisions

The administration of the work permit system is dealt with by the Employment Centre. Each application must be decided on its merits.

Provided that the application form is properly completed it is usual for a decision to be made and the applicant notified within five working days.

Matters taken into account

In deciding whether or not to grant a permit there are certain things which must be considered and others which may be considered.

The following four points must be taken into account -

The likelihood of there being suitable residentially qualified employees available for the employment concerned.

It is sometimes difficult to judge who is "suitable", but, in general terms, it is taken to be someone who is capable of doing the job to the required standard, not necessarily the best person for the job. A native resident does not have to be unemployed to be "available". He may be someone who wishes to change employment, or he may be working for the employer and capable of being transferred or promoted. For self-employment the Employment Centre looks to see if there is a demand for the proposed service, and if so whether there are residentially qualified employees or existing businesses capable of providing it.

The likelihood of suitable residentially qualified employees becoming available within 12 months, bearing in mind general employment prospects.

This covers cases where it is thought, for example, that there may be a downturn in trade which will result in residentially qualified employees being made redundant. In these circumstances a permit may be refused or its length restricted.

The family circumstances of the person concerned, provided that he has been working in the Island on a permit for at least three years.

A permit is less likely to be refused if the person concerned shows that he has some sort of commitment to the Island, i.e. he may have Jersey-born children, or other family in the Island. He may have been in steady employment and not been in trouble with the authorities.

Any criminal convictions, on or off the Island, of the person concerned.

The Rehabilitation of Offenders Act does not apply in the Island, and all criminal convictions must be stated in the application form. These are checked. The fact that someone has a criminal conviction does not necessarily mean that a permit will be refused; that depends on the nature of the offence and when it occurred.

There are a further six matters which should be taken into account.

The percentage of residentially qualified employees already working for the employer concerned.

In broad terms, if an employer shows that most of his work-force is made up of residentially qualified employees he has a better chance of being granted a permit.

The wages and conditions on offer.

A permit may well be refused if the wages and conditions are not up to the standard normally expected in the type of employment concerned.

The size of the family of the person requiring the permit

If the size of the family is thought likely to cause a problem to the Island (i.e. by the cost of child benefit, education and so on, the permit may be refused, but this depends also on the security and the wage of the employment concerned).

The character of the person concerned and of members of his family.

The question of criminal convictions of the person concerned is one of the things that must be considered. The final decision may go on to include the criminal convictions of the applicant's accompanying family members.

Whether a refusal would be harsh and oppressive to the employee.

In addition, applications may be refused if an employer has failed to pay social security contributions. In practice, the

application is sometimes deferred until the contributions are paid. The availability of accommodation.

In relation to other places in the United Kingdom, Jersey has extremely limited space, geographically speaking, some 45 square miles. With the interest of preserving the Island's natural beauty, construction of non-qualified housing is limited. Accommodation must be secured before a permit can be issued, and can be secured through accommodation agencies and real estate companies or through advertising. This can be made easier for all concerned if the employer and prospective employee meet in person prior to commencement of application for a permit to discuss the needs of the employee.

Applications for a work permit and for renewal of a work permit are subject to a fee, currently £25.00 per application, which is non-refundable, in line with standard practice in most countries, to ensure a self-financing mechanism. During the transitional  period  a  nominal  fee  of £5.00  will  be  charged  and  applicants  will  need  to  provide  two  passport-sized photographs.

Applications should be submitted at least seven days prior to the proposed date of commencement of the employment. No employment is permitted until an application is approved and the permit has been issued.

The permit

How permits are made out

Permits can be issued in whatever form the Employment Centre sees fit and for whatever period. In practice, permits are given for specific jobs for a named employer or for self-employment of a particular nature. The length of time for which they are issued may be in the following categories -

1. U  nr e s tricted

  Fo  r p e o ple that have been in the Island for more than ten years.

2. R e s tr i cted

  Fo  r p e o ple that have been in the Island for more than five years and less than ten years.

3. T e m  p orary

  Fo  r p e o ple that have been in the Island for more than two years and less than five years.

4. Se  a s o nal

  Fo  r p e o ple who are entitled to work within a particular industry for nine months. Where a permit is not granted the Employment Office is not obliged to give the reason.

In general the more senior the position the better chance there is of a permit being "RESTRICTED" as for those seeking long-term employment such as professional medical staff. For relatively low-paid jobs where there is a high labour turnover the permit is more likely to be "TEMPORARY".

When a person wishes to change jobs he must apply for a new permit which must be considered in the normal way. Revocations, appeals and offences

The revocation of permits

Permits can be revoked in categories 2-4 in the following circumstances -

• w h ere the person on the permit commits an offence punishable by imprisonment or where the offence makes his employment in the Island undesirable;

• w h ere it is discovered that a person has made a false statement in order to get his permit;

• w h ere the permit holder fails to pay social security contributions and income tax.

Appeals

An applicant who is aggrieved by the decision of an authority under this Code, or by the President of a Committee under paragraph 4.1, may apply for his complaint to be reviewed under the Administrative Decisions (Review) (Jersey) Law 1982, as amended. Written notice of an appeal should be given to the Appeals Secretary within seven days of the decision. The address of the Appeals Secretary is given in the letter which notifies the refusal or revocation of a permit, and in which the right of appeal is explained. Usually appeals are made by persons who have been refused permits, but they can also be made by residentially qualified employees who can show that they have suffered a definite loss because they may be unaware of the full facts surrounding a successful permit application.

Offences

It is an offence, punishable by fine and/or imprisonment for anyone who requires a permit to work without one. It is also an offence to make a false statement in order to assist the applicant in attempting to secure a permit. Employers who engage staff without a work permit will be subject to a fine and/or imprisonment.

Alleged offences are investigated by the States of Jersey Police.

23rd September 1999.

SAMPLE APPLICATION FORMS

THE EMPLOYMENT CENTRE     A ppl   ic a t io  n f o r a permit for employment F o r m 5/99

Please return to:   T h e Secretary        R e c e ip t N  o .    

    T h e E m  p lo y m  e n t C entre     Fe  e Pa  id  £

P. O . B  o x  

    St. H e lie  r , J er s e y

    T e l e p h o n e :  

    Fa x :    

          e n c lo s i n g th  e f e e o f £ b y c h e q u e o r postal order - cheques payable to Treasurer

of the States of Jersey

PART 1

(To be completed by the prospective employer)

1. ________________________________________________________ ________________________________________________________ ________________________________________________________

Telephone No.:____________________________________________

2. Nature of business:______________________________________
3. Please give the following information about the employment offered:

Wh  at is the precise nature of the employment?__________________ (P lease note the term "director" is insufficient)

Is accommodation provided?_______________________________ If so, please give details:__________________________________

If  not, please give address of accommodation:__________________

Fr om what date is the employee required?______________________ H ow long is the employment expected to last?__________________

4. Please give reasons for wishing to employ the person namedin Part  2:
5. Please give the following information about the steps taken to fill the vacancy:

Wh  ere was the employment advertised?_______________________ (P lease supply a copy of the advertisement)

Fo  r how long was the employment advertised?__________________ H ow many applications were received?________________________

H ow many residentially qualified employees applied?_____________

Wh  y were the residentially qualified employees considered unable to carry out the employment? (P lease give brief details in each case)

H ow many full-time residentially qualified employees are already employed by you? Wh  at percentage is this of your total work force?________________

6. For what period is the permit required?

Fr om:_____________________  To:_________________________

NOTES:

Any person who makes a false statement in order to obtain a permit is guilty of an offence for which he may be imprisoned for up to ...................

or fined up to £................ or both. A permit may be revoked if the application is found to contain a false statement or to omit a material particular.

DECLARATION:

I apply for a permit to employ the person named in Part 2 of the application and declare that to the best of my knowledge and belief the information I have given is true and complete. I undertake to inform the Employment Centre Office if, after a permit is granted, the person fails to commence employment or leaves.

Signature of employer:____________________   Date:______________ Position held:_____________________________________________

PART 2

(To be completed by the prospective employee)

Details of employee:

1. Surname:______________________________________________

M aiden name (if married woman):____________________________

Fir  st names:____________________________________________

2. Date of birth:______________   T o wn of birth:__________________ N ationality:____________

(P  lease supply a copy of your birth certificate or adoption papers, or other National Identity Papers and x2 passport

photographs)

3. Address in Jersey:_______________________________________

4. Last address outside Jersey:

(a nd normal home address if different)

5. Date of arrival in Jersey:___________________________________
6. National Insurance Number or EU equivalent:___________________
7. Are you:

Sin  gle?__________   Married? (please state if separated)__________

D ivorced?______

8. If you attended school in Jersey please state:

th e school you attended:__________________________________

th e dates attended:_______________________________________

9. If you are under 18 please state if you are living with your parents in Jersey:   If so, please give their names and address:_____________________
10. Have you any criminal convictions in Jersey or elsewhere (excluding a conviction in the United Kingdom or Jersey for a road traffic offence for which disqualification was not ordered and not more than three penalty points were imposed?)

Ple  ase state YES or NO___________________________________ (a ll criminal convictions must be disclosed)

If YES:

Wh  at was the offence or offences?___________________________

Wh  en did they occur?____________________________________ Wh  at was the penalty?____________________________________

11. Please give details of your employment in the last ten years, including periods of sickness longer than six months (P lease give in reverse order, continuing on a separate paper if necessary)

Details of employee's family:

12. If married, please give:

th e full name of your husband or wife:________________________ h is or her date of birth:____________________________________ h is or her place of birth:___________________________________ th e date of his or her arrival in Jersey:_________________________ th e maiden name of your wife:______________________________

13. If your husband orwife is working please give:

th e occupation:_________________________________________

th e name of the employer:__________________________________ th e employer's address:___________________________________

If there are children in the family, please give:

th eir full names:_________________________________________

th eir dates of birth:_______________________________________

th eir date of arrival in Jersey:_______________________________

14. Please give details of any other relative coming to live in Jersey if this application is successful:

15. Has your husband or wife, or have your children or parents any criminal convictions in Jersey or elsewhere (excluding a conviction in the United Kingdom or Jersey for a road traffic offence for which disqualification was not ordered and not more than three penalty points were imposed)?

Ple  ase answer YES or NO__________________________________ If YES:

Wh  ich of your family committed the offence?___________________ Wh  at was the offence?____________________________________ Wh  en did it occur?_______________________________________ Wh  at was the penalty?____________________________________

NOTES:

The Rehabilitation of Offenders Act does NOT apply in Jersey. ALL criminal convictions must be disclosed.

Any person who makes a false statement in order to obtain a permit is guilty of an offence for which he may be imprisoned for up to....................

or fined up to £.............. or both. A permit may be revoked if the application is found to contain a false statement or to omit a material particular.

DECLARATION:

I declare that to the best of my knowledge and belief the information is true and complete and I understand that if this declaration or any of the particulars given by me are found to be false I am liable to prosecution. I hereby give permission for a police check of computerised criminal convictions and cautions to be carried out under section 33 of the Data Protection Act 1986. I also understand that a permit, if granted, is only for the employment specified and I undertake to inform the Employment Office when the employment ceases by completing and returning the tear-off portion of the permit.

Name:___________________________________________________ Signature:_____________________   Date:_______________________ Witness: Name:___________________________________________________

Signature:_____________________   Date:_______________________

Address:_________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________

IF MY APPLICATION IS APPROVED I WILL CONFORM TO ALL STATES OF JERSEY LAW. (x2 PASSPORT PHOTOGRAPHS ATTACHED? YES/NO____________ )

FOR OFFICIAL USE

Date application received:____________________________________ Application approved/refused on:______________________________ Permit No.:___________   issued on:___________   valid to:___________ Reason for refusal:__________________________________________ Reason for restriction:_______________________________________

THE EMPLOYMENT CENTRE    A ppl ic a t io  n f or a permit for self-employment F orm 6/99

Please return to:   T h e Secretary        R e c e ip t N  o .    

    T h e E m  p lo y m  e n t C entre     Fe  e Pa  id  £

P. O . B  o x  

    St. H e lie  r , J er s e y

    T e l e p h o n e :  

    Fa x :    

          e n c lo s i n g th  e f e e o f £ b y c h e q u e o r postal order - cheques payable to Treasurer

of the States of Jersey

Details of applicant:

1. Surname:______________________________________________

M aiden name (if married woman):____________________________

Fir  st names:____________________________________________

2. Date of birth:______________   T o wn of birth:__________________ N ationality:____________

(P  lease supply a copy of your birth certificate or adoption papers, or other National Identity Papers and x2 passport

photographs)

3. Address in Jersey:_______________________________________
4. Last address outside Jersey:

(a nd normal home address if different)

5. Date of arrival in Jersey:___________________________________
6. National Insurance Number or EU equivalent:___________________
7. Are you:

Sin  gle?__________   Married? (please state if separated)__________

D ivorced?______

8. Have you been personally involved in bankruptcy proceedings in Jersey or elsewhere?

Ple  ase answer YES or NO:_________________________________

If YES please give details:_________________________________

9. Have you any criminal convictions in Jersey or elsewhere (excluding a conviction in the United Kingdom or Jersey for a

road traffic offence for which disqualification was not ordered and not more than three penalty points were imposed?)

Ple ase state YES or NO___________________________________ (a ll criminal convictions must be disclosed)

If YES:

Wh at was the offence?____________________________________ Wh en did it occur?_______________________________________ Wh at was the penalty?____________________________________

10. Please give details of your employment in the last ten years, including periods of sickness longer than six months (P lease give in reverse order, continuing on a separate paper if necessary)

Details of family:

11. If married, please give:

th e full name of your husband or wife:________________________ h is or her date of birth:____________________________________ h is or her place of birth:___________________________________ th e date of his or her arrival in Jersey:_________________________ th e maiden name of your wife:______________________________

12. If your husband orwife is working please give:

th e occupation:_________________________________________

th e name of the employer:__________________________________ th e employer's address:___________________________________

13. If there are children in the family, please give:

th eir full names:_________________________________________

th eir dates of birth:_______________________________________ th eir date of arrival in Jersey:_______________________________

14. Has your husband or wife, or have your children or parents any criminal convictions in Jersey or elsewhere (excluding a conviction in the United Kingdom or Jersey for a road traffic offence for which disqualification was not ordered and not more than three penalty points were imposed?

Ple  ase answer YES or NO__________________________________ If YES:

Wh  ich of your family committed the offence?___________________ Wh  at was the offence?____________________________________

Wh en did it occur?_______________________________________ Wh at was the penalty?____________________________________ Details of the proposed self-employment

16. What is the nature of your proposed business?_________________

17. What is the business address?______________________________
18. What specific work do you intend to carry out?_________________
19. How is the business to be financed?__________________________

20. How many persons will be employed in the business?____________
21. Is this a new business?___________________________________
22. If this is an existing business when did you acquire it?____________
23. If the business is to undertake sub-contract work please state the nameof the main contractor:

24. For what period is the permit required?

Fr om:___________________   T o:___________________________

NOTES:

The Rehabilitation of Offenders Act does NOT apply in Jersey. ALL criminal convictions must be disclosed.

Any person who makes a false statement in order to obtain a permit is guilty of an offence for which he may be imprisoned for up to....................

or fined up to £.............. or both. A permit may be revoked if the application is found to contain a false statement or to omit a material particular.

SUPPLEMENTARY BENEFIT IS NOT NORMALLY PAYABLE TO NON-JERSEY WORKERS

DECLARATION:

I declare that to the best of my knowledge and belief the information is true and complete and I understand that if this declaration or any of the particulars given by me are found to be false I am liable to prosecution. I hereby give permission for a police check of computerised criminal convictions and cautions to be carried out under section 33 of the Data Protection Act 1986. I also understand that a permit, if granted, is only for the employment specified and I undertake to inform the Regulation of Undertakings and Development Office when the employment ceases by completing and returning the tear-off portion of the permit.

Signature:_____________________   Date:_______________________ Witness: Name:___________________________________________________ Signature:_____________________   Date:_______________________

Address:_________________________________________________ ________________________________________________________ ________________________________________________________

(x2 PASSPORT PHOTOGRAPHS ATTACHED? YES/NO____________ )

FOR OFFICIAL USE

Date application received:____________________________________ Application approved/refused on:______________________________ Permit No.:___________   issued on:___________   valid to:___________ Reason for refusal:__________________________________________ Reason for restriction:_______________________________________