Migration - monitoring and Regulation

STATES OF JERSEY

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MIGRATION: MONITORING AND REGULATION

Lodged au Greffe on 8th February 2005 by the Policy and Resources Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to re f er to their Act dated 7th October 2003 in which they charged the Policy and Resources Committee, in

consultation with other Committees as appropriate, to bring forward for approval detailed proposals on migration policy and supporting regulatory systems, and –

(a ) to agree in principle that the States should monitor and regulate the factors that govern migration

in the context of the overall population to ensure a balance between economic growth and the demand for and supply of labour, accommodation, infrastructure and resources of the Island, and promote greater social inclusion, as set out in section  3 of the report of the Policy and Resources Committee dated 18th November 2004;

(b ) to agree in principle to –

1 . in t e grate the policy for housing consent, monitoring employment and regulation of

undertakings and development to simplify and streamline the processes involved, as detailed in section  5.1 of the said report;

2 . h a v e only three categories of registration –

( i) t h o s e w h o are entitled, comprising persons who qualify as local (a-h) under the

Housing (General Provisions) (Jersey) Regulations 1970, as amended;

( ii ) t h o s e w h o become licensed, either through gaining a licensed job, including

persons who are currently described as (j)  category, or (k)  category under th 1970 Regulations; and

( ii i) t h o s e w h o are registered-only, equivalent to those who currently do not qualify

under the 1970 Regulations;

w it h a li g n e d c r it er ia to access both employment and accommodation, as detailed in

section  5.2 of the said report;

3 . l i n k access to accommodation to employment for those who are described as licensed and

registered-only in (2) above, as detailed in section  5.3 of the said report;

4 .  c r e a te a register of the Island population in the three categories: entitled, licensed or

registered-only, as detailed in section 5.4 of the said report;

5 . m o n itor migration and regulate the factors that govern migration through a system of job

licensing for employers and overall control of employment, as detailed in section  5.5 of the said report;

6 . d e s i g nate a single office by July 2005, working with the Housing, Economic Development,

Employment and Social Security, and Environment and Public Services Committees, to amalgamate the functions of housing consent, Regulation of Undertakings and Development and Social Security registration;

(c ) to charge the Policy and Resources Committee, in consultation with the Economic Development,

Housing, Home Affairs and Employment and Social Security Committees, to bring forward the necessary legal and other measures to  give effect to the above for consideration by the States.

POLICY AND RESOURCES COMMITTEE

Notes: 1. C  o mments of the Housing Committee

T h e H  o u s in g Committee supports the proposals set out in the report and proposition of the Policy

and Resources Committee on migration policy. As well as the general drive to reduce inequity by lowering, in stages, the residential qualifying period for newcomers from 15 to 10 years, the Committee welcomes the intention to grant more housing licences to those who are fully contributing to the economy. In addition, the proposed integration of the functions of housing consent and the administration of the Regulation of Undertakings and Development Law, operating from a single office, should improve efficiency and reduce bureaucracy.

2 .  C  o mments of the Economic Development Committee

T h e E  c o n o m ic Development Committee is fully supportive of the principles outlined in the report

and proposition and looks forward to playing a full and active part in the implementation of these proposals.

3 .  C  o mments of the Employment and Social Security Committee

T h e E  m p l o y ment and Social Security Committee supports the principle described in paragraph  (a)

of the proposition that the States should monitor and regulate the factors that govern migration. The Committee recognises the unique position of the Social Security registration and contribution collection system and believes that there is merit in considering whether it is practical to build on this system to monitor employment. With a number of initiatives being discussed, the Committee believes it important that changes that affect business should be co-ordinated to avoid undue disruption to personnel and payroll procedures and that in all cases data protection issues are fully considered. The Committee appreciates that further more detailed work needs to be done prior to implementing an appropriate mechanism. Finally the Committee will co-operate with the lead Committee, Policy and Resources, in the development of future policy within a realistic plan and timescale.

4 .  C  o mments of the Home Affairs Committee

T h e H o m  e Affairs Committee noted the report, Monitoring and Regulation of Migration, and

agreed that, whilst the document fulfilled its allotted task, it did not address the issue of bed-sit accommodation which was thought not to be conducive to good order. In addition, the Committee expressed reservations as to large-scale immigration problems in Jersey since it was recognised that (even with strict monitoring and regulation) it would be difficult to keep an accurate check on the true population growth.

5 .  T h e comments of the Environment and Public Services Committee are to follow.

CONTENTS

1. P u r pose of the report
2. B a c kground
3. O b jectives
4. C o n sultation
5. M ig ration proposals
6. B e n efits and risksof the proposals
7. I m p lementation
8. S u m mary and conclusions

APPENDICES

1 .  R e g istration schematic diagram

2 .  C o n sultation responses

3 .  M  e mbers of the Migration Policy Steering Group and Working Group

4 . 2 0 0 1 Census report Chapter 3 – Residential qualifications of the population 5 . R e q uirements for new homes – Housing Surplus/Shortfall by tenure and size 6 . 2 0 0 1 Census analysis – period of residence and residential qualifications

REPORT

1. P u r poseof the report

T h e i ntroduction of a new and comprehensive migration policy involves 3  parts –

(i ) a p p roval of an overall population policy, as described in the States of Jersey strategic plan for

2005 to 2010, adopted by the States on 29th June 2004 (set out below);

(i i) p ro posals for a mechanism to monitor and regulate the factors that govern migration, as described

in this report; and

(i ii ) a f urther framework to determine the policy criteria for managing migration which will be brought

forward once the economic growth plan has been agreed.

T h e S tates of Jersey strategic plan for 2005 – 2010 states[1] –

" It   is   re c o g n ised that population issues are a major concern to Islanders. To maintain a balance between economic growth and the size of the resident population, a compromise is required. It is therefore proposed that:

– P o p u lation growth be allowed only to support the economy

– T h e a im should be for economic growth of 2% per annum in real terms

– T h is should support full employment for local people

– S u st a inable growth in inward migration would be supported when:

• i t su p p o rt s e conomic growth and increases tax revenue
• s k il le d p e o p le are necessary to support industries that would employ local people

– N u m b ers of low wage immigrant workers should be kept to a minimum

– T h e working population should be allowed to grow by no more than 1% per annum over

the next 5 years."

It h as also been stated on a number of occasions that the majority of the increase in working population

will be from within the existing population, without requiring substantial inward migration.

O n 2 0th April 2004 the Policy and Resources Committee published a consultation paper, or green paper',

on the monitoring and regulation of Migration[2]. The aim of that paper was to promote Island-wide consideration of the principles and options relating to the development of new mechanisms for monitoring and regulating the factors that influence migration. The extent of consultation is described and a summary of responses are included in Appendix 2.

T h e purpose of this current report is to summarise the responses to the consultation, to describe the

recommended mechanism for monitoring and regulating inward migration and to put forward firm proposals in this regard for consideration by the States.

T h e report also includes more information on possible implementation arrangements, which need to be

phased over a 5-year period, and outline resource consequences.

T h e s e proposals provide, for the first time, a means by which the States can effectively implement

their policies on migration in future.

T h e y will considerably increase the States ability to govern migration, either to reduce the overall

level or allow it to increase within set limits. However, they do not themselves prescribe a set level of net inward or outward migration or determine the total population number.

T h e proposals describe a mechanism for more effective regulation of inward migration, whilst reducing

complexity and streamlining the existing systems. They will create better information on the whole resident

population; enable the States to plan and manage migration; influence the demand for and supply of accommodation and effects of migration on the Island's infrastructure and resources; support sustainable economic growth; and provide the opportunity for greater social equity in the accommodation market.

In summary, this migration policy aims to –

• cr e a te a mechanism by which the States can effectively manage the factors affecting  net migration, either  inward  or  outward,  according  to  their agreed policies (for example, the strategic plan for 2005-2010);

• p r o v ide improved information on the total population, including the number of inhabitants and their residential status;

• e n a ble  the  States  to  effectively  monitor  and  manage  the  demands  on accommodation, the environment and infrastructure of the Island;

• d e v e lop closer alignment between migration policy and the economic, social and environmental policies of the Island;

• a l lo w  the States over time to reduce the unacceptable disparity between those who have housing rights and those who are not qualified';

• p r o m ote a business environment that is flexible and efficient, which is attractive to business and fairer to their employees;

• p r e se rve the rights and opportunities of existing residents, whilst recognising the benefits of and duties towards newcomers to the Island;

• r e d u ce bureaucracy affecting individuals and businesses, minimise complexity and  streamline  the  existing  systems  for  housing  consent,  regulation  of

undertakings and manpower control.

However the new policy will not –

• d e t er mine the total numbers of residents that are appropriate for Jersey;

• l e a d to immediate transformation of the housing or employment markets – any changes will be gradual and carefully managed over a period of years;

• f u e l an unmanaged influx or exit of people to or from Jersey;

• p r o m ote uncontrolled development or exploitation of the housing market;

• di s a dvantage any existing inhabitants, with regard to either their housing or employment rights;

• h a r m the civil liberties, human rights, privacy or data protection rights of any individuals.

2. B a c kground

T h e i ssue of inward migration has been tackled by the States over many years, going back to the surge in the Island's population following the Second World War. The measures introduced to regulate migration

have  included  successive  variations  on  the  Housing  (Jersey)  Law  1949,  and  the  1970  Housing

Regulations and, in more recent years, the Regulation of Undertakings and Development (Jersey) Law 1973.

These have been the mainstay of policy for many years and, whilst they have served the purpose in the past, there is a need to modernise and improve the approach in response to increasing social inequity, changing patterns of migration and to ensure that Jersey businesses remain competitive in the wider economic environment.

T h e c urrent legislation and policies were explained in previous reports, particularly the consultation paper

published in April 2004.

O n 7 th October 2003, the States adopted the proposition on Migration Policy P.102/2003, as amended, by

a large majority of 41  votes to two. They agreed that systems should be developed to monitor inward migration to the Island, and a review should be carried out of the existing policy and regulatory systems with a view to proposing new arrangements.

In p a rticular, the States –

• a g re ed, in principle, that having regard to paragraph 2.1 of the report of the Policy and

Resources Committee dated 8th July 2003, all inward migration by persons wishing to establish themselves by living or working in the Island, and who did not have links with the Island which would enable them to qualify currently under Regulation  1(1)(a)-(h) of the Housing (General Provisions) (Jersey) Regulations 1970, as amended, should be monitored and regulated;

• c h a r ged the Policy and Resources Committee, in consultation with the Housing, Home Affairs, Economic Development and Employment and Social Security Committees; and with other committees as appropriate, with reviewing the Housing (Jersey) Law 1949, the Housing (General Provisions) (Jersey) Regulations 1970, the Lodging Houses (Registration) (Jersey) Law 1973 and the Regulation of Undertakings and Development (Jersey) Law 1973, together with other related legislation, with a view to giving effect to paragraph (a) above by bringing forward proposals for a new Migration Policy and supporting regulatory system(s) by 31st March 2004;
• a g r e ed, in principle, that such new Migration Policy and supporting regulatory system(s) should be developed to meet the basic objectives outlined in paragraph 5.5 of the report of the Policy

and Resources Committee dated 8th July 2003.

T h e S tates further agreed, as stated in paragraph  5.5 of the report mentioned above, that proposals should

ensure –

• t h e re are definitions of persons who are considered to be residents' which differentiate between those persons who are entitled' (by virtue of familial or other connections with the Island) and those who may be licensed' (as essential persons) to live or work in the Island;

• t h e r e is regulation by licence of all non-entitled' persons wishing to establish themselves by living or working in the Island;

• s u b je ct to initial registration, all entitled' residents are free from ongoing regulation;

• t h e re is a licensing scheme which can be operated effectively and efficiently by a single authority through a one-stop-shop' access point.

T h e consultation paper published in April 2004 outlined the findings of the Migration Policy Steering

Group[3], established following the States debate on 7 October 2003. The outcome of the consultation process is considered later in this report.

3. O  b jectives

T h e m ain purpose of the proposals is –

T o en  a b le th e States to monitor and regulate the factors that govern migration in the context

of the overall population to ensure there is a balance between economic growth and the demand for and supply of labour, accommodation, infrastructure and resources of the Island, and promote greater social inclusion.

It i s a lso necessary to understand the existing population mix at any one time, to have systems that enable

the Island's government to facilitate the planning and provision of housing, acceptable public services, and to manage the Island's economy and pressures on the infrastructure.

T h e S tates of Jersey Strategic Plan 2005 to 2010[4] observes that –

" L ik e   m  o st   small and prosperous jurisdictions, Jersey has a relatively high population density, although less than neighbouring Guernsey

T h e a i m i s t o manage population changes over the next five years in order to promote economic

growth and the creation of jobs for local people. The strategy would ensure that growth in inward migration is only supported where it creates wealth to fund the Island's public services or to support industries which employ local people."

P o p u lation growth does place increased demands on the infrastructure of the Island, especially

accommodation. It is recognised that the most significant reason for population change in Jersey is the ageing of the population, indicated by the difference between birth and death rates[5] and an increase in the dependency ratio[6]. Another reason for population change is the result of net inward migration[7].

M i g r ation control represents one mechanism by which the demands of the total resident population may be

more closely balanced with the resources and infrastructure, particularly housing, available within the Island. Another mechanism involves successful planning and development of the appropriate facilities, without placing heavy demands on the construction industry or on the rural environment.[8]

N e v e rtheless, it should also be recognised that there is some benefit from economy of scale', in that

additional demands of any population growth are not reflected in a directly proportionate increase in demands on, for example health services or education facilities. In fact, it is essential for a sustainable community to maintain a certain critical size for some infrastructure services to remain viable within the Island, rather than for these to be provided off-Island.

A n a nalysis of the population's residential and accommodation status is collected as part of the census

report[9], but is only available every 5 years – see Appendix 4.

S o m e of the issues arising include environmental, economic, social and legal obligations, as follows –

(a ) B a lancing the desire for economic growth with a need to maintain the attractiveness of the Island

T h e S t a te s Strategic Plan 2005 to 2010[10] identifies one of its aims "to create a strong and

competitive economy". This involves the creation of real terms economic growth of at least 2% per annum in order to fund the Island's services and provide employment for local people.

T h e st r at e g i c aim to create a strong and competitive economy does not, however, imply massive

immigration. As stated previously, it is intended the working population should be allowed to grow by no more than one per cent per annum over the next 5 years, and the majority of this increase should create employment opportunities for the existing population.

T h e e n v ir o n mental effects and infrastructure requirements of any residential development will continue to be actively managed within the context of the Island Plan and existing planning

polices.

(b )       M a intaining social equity and inclusion

T h e S ta t e s S trategic Plan 2005 to 2010 also aspires to ensure that Jersey is a community where

people –

• b e n e fit from equality in access and opportunity;
• a r e f ree from discrimination, and
• a r e s upported to become self-sufficient wherever possible.

I n s u p p o r t o f this aspiration, the strategy also includes an aim to "enable the provision of good

standard, secure and affordable accommodation for all"[11] through –

• e n s u ring that adequate numbers of entry level dwellings are provided;

• i n tr oducing new policies which will ensure more equality in entitlement to accommodation.

It i s e v i d e n t that some inward migrants experience significant hardship due to access restricted to a narrow range of accommodation as well as higher rental costs in certain sectors –

" In  r e c e n t  y e a rs ,  t h e standard of accommodation offered in the registered lodging house sector has also improved significantly to comply with new requirements set by the Housing Committee. However, there remains anecdotal evidence (e.g. the findings of the ecumenical Springboard' project and the latest report of the Lodging Inspector) that a significant number of lower income group residents are continuing to live in expensive and/or unsuitable conditions."[12]

A n a i m o f t he proposals is therefore to ease the imbalance in the opportunities to access good,

secure and affordable accommodation that currently exists between those who are residentially qualified' and those who are not. This aim should be achieved, as permitted by economic constraints and the availability of housing, by gradually increasing the number of people in licensed employment and thereby reducing the number whose access to accommodation is limited by registered-only employment.

(c ) E n suring the rights of free movement of people

A l l B r i ti sh c itizens and certain Commonwealth citizens have the right of abode in Jersey and are

free to live in and come and go into and from Jersey without let or hindrance, except as may be required under the Immigration Act or as otherwise may be lawfully imposed on any person. Also, all nationals of other E.E.A. Member States (E.U. member States plus Iceland, Norway and Liechtenstein), do not need leave to enter or remain in Jersey – if they do so in circumstances in which they would be entitled to enter or remain in the U.K.

If a n e w   m i gration policy and regulation systems were to amount to control over these rights, it

would be inconsistent with the law, as presently in force. Control of immigration at the point of entry could not be introduced for British, certain Commonwealth and E.E.A. nationals without change to existing international law, which would be extremely difficult and would require the agreement of all affected parties.

In s h o rt , th e international legal position in which Jersey exists prohibits –

• t h e i ntroduction of immigration or border controls in relation to U.K., E.E.A. and certain Commonwealth citizens;

• t a k in g measures which would amount to control over the rights of such citizens to come and live in the Island;

• t h e Island from treating U.K. citizens differently from citizens of other E.U. states and E.E.A. citizens – in relation to their rights to establish themselves in the Island, and;

• t a k in g actions which might not be consistent with the U.K. Immigration Act as extended to Jersey, Article  4 of Protocol  3 and European Court judgements relating thereto.

A n o t h e r a im   of the proposals is to uphold these existing international commitments regarding the

rights of free movement of people.

4. C  o nsultation

In A  pril 2004, the Policy and Resources Committee published a consultation paper to seek views from

States members, businesses and other organisations, and the public on the options outlined.

T h e c onsultation proposals had been based on the premise that unmanaged migration to Jersey was not an

option if the overall Island population was to be compatible with the Island's size and infrastructure. It was essential to have some mechanism to influence migration; however, border controls were not a legally feasible option, and whilst the existing housing controls had some effect, they also had a number of shortcomings. The consultation paper outlined a new approach, including an Island-wide population register, amalgamation of various regulatory functions into a single office, and access to accommodation for inward migrants linked to their employment status.

R e s p onses, including oral comments at public meetings and discussion groups and written submissions,

were received from a wide cross-section of the community – professional and voluntary organisations, church groups, businesses including those involved in the property and accommodation market, private individuals and States Committees and departments. In total, the views of some 200 individuals and organisations have been considered.

A n im portant factor in developing the proposals has been the extent to which they will achieve the needs

of each of the stakeholders. It is considered the mechanisms being proposed should, to the maximum extent possible, fulfil the requirements of all the different stakeholders.

A s u mmary of the consultation feedback is included as Appendix 2. A full report on the consultation is

available from the Policy and Resources Department on request.

In g e neral, whilst there was inevitably a spectrum of views, the consensus was strongly supportive of the

main proposals. The main areas of concern were indicated by opposite views on the process of regulating migration through licensing employment and about the detailed mechanism for allocating licences to individual businesses. Data protection issues were raised in connection with a population register; however, it has been agreed with the Data Protection Registrar that any detailed proposals will be fully compliant with the data protection principles and legislation.

A l l th e views expressed have been carefully considered and, as a result, the proposals have been revised to

reflect these views and, as far as possible, achieve a position that on balance seeks to satisfy these different interests to the greatest extent. The overriding requirement, however, has been to develop proposals that will be an effective means of monitoring and regulating inward migration.

5. M  ig rationproposals

S u m m  ary

T h e  k ey proposals are to –

1. i n te grate the policy for housing consent, monitoring employment and regulation of undertakings and development to simplify and streamline theprocessesinvolved;
2. h a v e onlythree categories of registration –

• t h o s e who are entitled, comprising persons who qualify as local (a-h) under the Housing (General Provisions) (Jersey) Regulations 1970, as amended;

• th o s e  who  become licensed,  either  through  gaining  a

licensed job, including persons who are currently described as (j) category, or (k) category under the 1970 Regulations; and

• t h o s e who are registered-only, equivalent to persons who currently do not qualify under the 1970 Regulations;

w i th  aligned  criteria  for  access  to  both  employment  and

accommodation;

3. l i n k access toaccommodationtoemployment for those who are described as licensed andregistered-onlyin (2) above;
4. c r e ate a register ofthe Island population in the three categories: entitled, licensedorregistered-only;
5. m  o nitor migration and regulate the factors that govern migration through a system of job licensing foremployersand overall control of employment;
6. d e s ignate a single office by July 2005,working with the Housing, Economic  Development, Employment and  Social Security  and Environment and PublicServicesCommittees, to amalgamate the functions  of housing  consent, Regulation of Undertakings and Developmentand Social Security registration;
7. t o c hargethe Policy and ResourcesCommittee, in consultation with the  Economic Development, Housing, Home Affairs  and EmploymentandSocial Security Committees, to bring forward the necessary legal and other measures to give effect totheabove for consideration by the States

In o u tline, the mechanisms will be as follows –

• A l l residents  (but  not  tourists)  must  be  registered  in  order  to  gain  access  to  employment, accommodation and some public sector services.

• A  ll accommodation will remain classified as controlled, i.e. restricted for purchase or lease by eligible persons, or uncontrolled, i.e. lodgings and staff accommodation, and certain loophole'

properties – e.g. inherited property.

• A ll e mployers will be allocated (as part of a regular business planning process) a total manpower quota – consisting of a maximum number of registered-only (equivalent to non-residentially qualified) and licensed (equivalent to (j) category) posts[13], and the total balance made up of entitled employees.

• A l l new residents, after becoming registered, will be able to take up a limited range of employment and can access uncontrolled accommodation – either lodgings or staff accommodation.

• A n y person will be eligible to apply for a job that has been allocated a licence and, on gaining such a job, will be registered as licensed' and shall be able to rent accommodation in the controlled sector.

• A ll p eople who would currently be classified as local (a)-(h) under the Housing Regulations, will be registered as entitled' – and eligible to be appointed to any job and to rent or purchase any property in Jersey.

• It is intended that, as economic circumstances and the availability of housing permit, more licences would be allocated to enable more existing residents to have better access to a range of accommodation.

• I t i s intended, over a number of years, to reduce the period for residential qualification from 15 years towards a policy that all residents will become entitled after 10 year'sresidence.

• T h e States will manage inward migration through regulating overall employment.

• A s i ngle office will amalgamate some of the Housing, Regulation of Undertakings (RUDL) and Social Security registration functions.

• T h e single office, together with the Housing, Economic Development and Environment and Public Services Committees, will seek to balance housing demand and the supply of accommodation.

T h e se proposals are generally similar to those put forward in the consultation paper, although some details

have been revised as necessary in the light of the consultation feedback.

1. I n tegrate the systemsforhousingconsent,monitoringemploymentandregulationofundertakings and developmentto simplify andstreamlinetheprocesses involved

It i s p roposed that, in principle, that there should be greater consistency and alignment between the current

Housing legislation and Regulation of Undertakings and Development Law (RUDL). This would enable increased clarity for the public, and less bureaucracy (for example, standardizing the existing definitions of locally qualified', i.e. currently 5 years' residence for employment/15 years for housing). There is logic in suggesting that an entitlement to employment should go hand-in-hand with access to controlled accommodation.

It i s p roposed that both the Housing consent functions and RUDL will be harmonized and integrated into a

simplified single process, based on a common set of criteria, administered by one office.

C o n s ideration has been given to whether the existing controls could be dismantled entirely and replaced

with another system. It is concluded that in the short term the development of migration monitoring and regulation systems should be carried out within the existing legal framework. However, in the longer term, it would be better to incorporate the present effective housing and employment controls within a new single system.

T h e n eed to retain some security for the resident population against an open and free market outweighs the

perceived advantages of doing away with controls at this time. However, the housing controls should move towards becoming an accommodation monitoring and regulating system focused on the overall numbers and categories of accommodation, rather than directly regulating individual property transactions. In this way it is intended to remove much of the on-going regulation that currently applies, especially to those who are entitled' residents.

F le x i bility over a period of time could enable the criteria for persons to become entitled' and licensed' to

be modified as the States may decide. This maintains the opportunity for the States to address some of the inequities  of  the existing  systems  and  to  effectively manage migration in future,  depending on  the changing social and economic pressures and demands on the Island's resources.

S te p s will also be taken to reduce the administrative burden on businesses by amalgamating into a single

process the periodic reporting required on employment, i.e. the RUDL manpower returns and Social Security employer's returns.

2. H  ave only three categories of registration –

• t h o s e who are entitled, comprising persons who qualify as local (a)-(h) under the Housing (General Provisions) (Jersey) Regulations 1970, as amended;

• t h o s e who become licensed, either through gaining a licensed job, including persons who are currently described as (j) category, or (k) category under the 1970 Regulations; and

• t h o s e who are registered-only, equivalent to those who currently do not qualify under the 1970 Regulations;

w i th aligned criteria for access to both employment and accommodation.

In s t e ad of the existing 14 Housing categories, it is proposed that a person would be registered within one

of only 3 categories:entitled', licensed' or registered-only'.

T h e c ategory will be determined by a person's birth in Jersey or close family connection with the Island,

and period of residence, employment status or other criteria (as explained below), which will then enable them to access certain accommodation and public sector services.

T h o s e who are born in Jersey or have a close family connection with the Island, i.e. generally parents or

children, would become entitled after 10 years' residence (which need not be continuous). An entitled person would be eligible to take up any employment within the Island and would have access to all accommodation.

T h e m ost significant change considered, apart from the categories themselves, is the possibility of a person

who is initially registered-only' to gain employment in the licensed' category on the basis of appropriate qualifications or experience. This would not depend on the person's period of residence in Jersey (i.e. not as the current 5-year rule' applies under RUDL).

T h e n umber of individuals who would immediately fall into each category can be estimated from the 2001

census data (see Appendix 4). However, the aim is that over a period of time, as circumstances permit, a number of people would in future move from the registered-only' category into the licensed' group.

T h e q uestion of (k)  category housing licences is the subject of a separate review. However, it is intended

that these proposals for licensed' registration should include appropriate arrangements for wealthy immigrants in accordance with the existing States policy and economic objectives.

A t p r esent, a person may gain residential qualification' after 15 years' continuous residence in the Island.

It is hoped in future to gradually reduce this, over a period of years and subject to housing constraints, towards a

policy that after 10  years' continuous residence, whether as registered-only' or licensed', a person would be able to re-register as entitled' and may occupy, purchase or lease any accommodation and gain any employment. However, to maintain a balance between the demand for and supply of accommodation, it is clear that it will not be possible to achieve this change immediately.

In s u mmary, the 3 categories could in future be defined as follows –

housing purposes after 10  years.

*  It   is emphasized that the proposal to move towards a 10-years' continuous residence requirement to become entitled, for all licensed and registered-only people, cannot be achieved immediately and, as circumstances permit, would need to be introduced gradually over a number of years. An indication of the numbers involved is provided in Appendix  6.

T h e a bove classification would help in moving towards a fairer and more effective system for monitoring

and control of migration.

C h il d ren

It i s c onsidered equitable that a child, who is not Jersey-born, of a registered-only person should be treated

(in the same way as a Jersey-born child) as registered-only for accommodation purposes, until they have completed a total of 10  years' continuous residence and then may become individually entitled.

C h i ld ren of a licensed person would, while they remained living with their parent who is in licensed

employment,  be  treated  as  licensed  for  accommodation  purposes  until  they  could  become  licensed through their own employment, or entitled in their own right after 10  years' continuous residence.

F o r employment purposes, providing they become resident before the age of 21  years, a child of any

resident would be entitled to access any job (as soon as they are old enough to go into employment). This would avoid the situation, for example, where a child who comes to Jersey as a teenager with his/her parent(s) would be unable to take up all types or employment, unlike his/her peers.

S p o u ses and partners

A s p ouse or partner of an entitled or licensed person would be classified as entitled for employment

purposes, for the duration of the marriage or relationship. However, the Committee would have discretion to consider granting continuation of that classification in cases of hardship arising, for example, through marriage breakdown.

It s h o uld be noted that, for the purpose of the migration policy, it is proposed that any established partner

relationship would be treated as if it were a marriage relationship.

L o ss of entitlement gained through residence period

A t p r esent, the housing qualifications of Jersey-born persons with 10  years' residence are retained for life;

whilst housing qualifications gained by residence alone or through marriage may be lost after a period of absence  of  5  years.  If  current  policy  continued,  entitlement  gained  through  a  period  of  continuous residence (to be reduced from 15  years to 10  years over a period of time) would similarly be lost after a 5- year absence.

It is proposed that in future, residence entitlement gained by continuous residence might be lost after an

absence equal to the total period of residence – i.e. a minimum absence of 10  years would be permitted, but those who can demonstrate a longer period of residence, in total, would be permitted the longer period of absence before losing their residence entitlement.

3. L ink  access  to accommodation to  employment for  those who are described as licensed and registered-only

A l l re sidential properties listed on the existing Island-wide land and property index would be classified as

one of only 2 main groups, either:

– u n controlled' accommodation,  i.e.  accommodation  that  all  residents  may  occupy  (typically,

lodging houses and staff accommodation);

– c o ntrolled' accommodation, i.e.  all  other accommodation, that only an entitled  person may purchase in their own name; or a licensed person may lease or may occupy through company ownership.

T h e re would be no distinction in future, for example, between (a)-(h) or (a)-(j) housing. However, a sub-

category of controlled accommodation would remain applicable to first-time buyer properties.

A c c e ss to residential accommodation, and some public sector services, will be linked to an individual's

employment category. For example, a licensed person's lease on a controlled property should ordinarily only be for the duration of the employment contract.

It w  o uld be an offence for a person to occupy controlled accommodation to which they were not eligible.

However, as at present, discretion would exist in exceptional circumstances or hardship to grant an extension or period of grace to occupy such accommodation.

E n ti tl ed

T h e e ntitled category will encompass a wide range of persons currently given housing consent under the

existing Housing Law and Regulations, i.e. (a)-(h) categories. Entitled persons will be able to purchase a property in their own name.

L ic e n sed

T h e r ights of licensed individuals to occupy controlled accommodation would depend on employment in a

licensed' post.

A p e rson will, only for the duration of their employment contract in a licensed' post, be able to rent