Migration Control Policy (Phase 1) Review - Response of the Chief Minister.

Findings

Comments

1

The Immigration (Work Permits) (Jersey) Rules 1995 and its relationship with the Control of Housing and Work (Jersey) Law 2012 is not clear for all stakeholders.

This point is raised in the report that accompanies P.137/2020  –  Migration  Control  Policy  P.8 section  1.4  Customer  Focus:  "The  current processes  for  applying  for  immigration  and migration permission can be confusing and time- consuming for businesses and workers seeking to move  to  Jersey    To  reduce  this  confusion surrounding  the  processes  for  migration  and immigration  we  have  already  started  a  joint review of the customer facing aspects of CHW applications and immigration entry clearances to provide  a  single,  clear  and  transparent application process across both sets of legislation for businesses and migrants"

2

As currently set, out the short-term proposed Control of Housing and Work Law Permissions in proposition P.137/2020 ("CHWL Permissions") appear unworkable for agriculture and construction. There is a lack of clarity

The Panel's views are noted.

The detailed criteria that will apply to each new CHWL permission have not yet been developed and will be subject to the direction of the common population policy. Liaison with businesses will continue as these permissions are developed.

Findings

Comments

on skill levels within CHWL Permissions to ensure industry can consider whether they are practical.

3

It is not clear to certain stakeholders what would be considered a key role within the CHWL Permissions and therefore what qualifies for long-term status.

The Panel's views are noted. See finding 2

4

Information about how and what aspects of the CHWL Permissions can be appealed has not been defined which causes concern as the ability to appeal is fundamental to the controls.

The ability to appeal decisions will be maintained and full details will be set out in the amended CHWL legislation.

5

If an applicant is unsuccessful in their application to move from one CHWL Permission to another (for instance, from a nine-month to a four-year permission) they will not be able to re- apply.

The details of the transition from one permission to  another  will  be  set  out  in  the  CHW  Law amendments and will be subject to States debate and approval. Applications will be made against published  guidelines  &  criteria,  alongside published appeals processes.

6

Information on the costs and cost structure have not been outlined in the Proposition and there is confusion among stakeholders about how charges would be applied, whether they would be applied for year-on-year returners and if they are additional to those levied under the immigration.

The Panel's views are noted.

Any change to the fees that will apply to each new CHWL permission have not yet been developed and will be subject to the direction of the common population policy. Liaison with businesses will continue as these fee structures are developed.

7

Areas such as health professionals and teachers, and qualified finance, legal and digital professionals, may continue to receive a ten-year permission immediately. This is subject to further clarification of the new guidelines.

The Panel's views are noted.

The criteria that will apply to each new CHWL permission have not yet been developed and will be  subject  to  the  direction  of  the  common population policy. Liaison with businesses will continue as these permissions are developed.

8

Businesses  will  be  able  to  apply  to transfer an employee from a four-year CHWL permission to a ten-year CHWL

The details of the transition from one permission to  another  will  be  set  out  in  the  CHW  Law amendments and will be subject to States debate

Findings

Comments

permission,  provided  the  employer demonstrates  that  an  employee  has acquired  a  level  of  skill  and/or responsibility to justify this permission.

Employees will be required to work for the remainder of the ten-year period in the same type and level of occupation.

and approval. Applications will be made against published  guidelines  &  criteria,  alongside published appeals processes.

9

Those who wish to renew a nine- month or four-year CHWL Permission will be required to leave the Island for either three months or one year, respectively, to successfully re-apply.

This level of detail will be set out in the legislation to be debated by the States Assembly later this year. Immigration  permission  can  only  be obtained from outside the jurisdiction. However, it is unlikely that the CHW Law will set similar geographic conditions as it applies equally to CTA and non-CTA citizens.

10

There is a lack of information about how the CHWL permissions will adapt and react to changing global conditions or fluctuations in industry demand.

The Panel's views are noted.

The challenges of Brexit and Covid bring the need for a common population policy into sharp focus. A population policy will adjust from time to time as the needs of the island change.

The  CHWL  controls  are  designed  to  provide responsive controls to enable government to be more selective in meeting the needs of Jersey's economy and society. They will adapt and react to  changes  through  changes  to  the  common population policy.

P.137 includes the creation of an expert panel under  the  CHW  law. The  panel  may  not  be formed  during  2021  but  project  resources  are available to ensure that a broad view is taken of international evidence where this is relevant to Jersey.

11

Government acknowledge that robust data to underpin a common population policy is not currently available and this lack of information also has implications for the development of the CHWL permissions.

The Panel's views are noted.

The work of the MPDB was  carried out with knowledge  of  Brexit,  and  this  led  to  the recommendations  to  the  CM  for  flexible  and responsive controls to be able to adapt to changes from Brexit. P.137/20 was lodged in October 2020 with knowledge of Covid-19 and this led to the  flexible  and  responsive  controls  being maintained as they were considered to give the flexibility  to  adapt  to  Brexit  and  Covid-19

Findings

Comments

implications. The development of these controls was approved in principle by the by the States Assembly on 03/03/21.

12

Government has provided contradictory statements on the data surrounding the impact of Brexit and COVID-19.

The Panel's views are noted.

13

The new data system which received a £1 million allocation in the 2021 Government Plan is in development and it is anticipated that it will be live by the end of 2021.

Correct

14

The coherence of policy across Government departments and industry is not clear. This is particularly concerning in relation to economy, immigration, housing, health and community services.

The Panel's views are noted.

The accompanying report to P.137/2020 (sections

1.3 & 6) highlights that truly reducing the island's reliance upon net inward migration in order to address population growth requires a joined-up approach across multiple Ministerial areas. This is the reason  for proposing an amendment the States of Jersey Law 2005 to require the Council of  Ministers  to  develop  a  common  population policy – this proposal was adopted in principle by the States assembly on 03/03/21.

15

Renewed CHWL Permissions do not accumulate any entitlement to housing. Access to other services, such as health and social security benefits, may also be inconsistent during the shortest permission period.

The criteria that will apply to each new CHWL permission have not yet been developed and will be  subject  to  the  direction  of  the  common population policy. This includes the ability to accumulate periods of residence towards access to the local housing market.

The CHWL does not control access to health or social security benefits. A review of these areas is included in the overall project timetable.

16

There is currently a disparity between the access to benefits and services which a migrant worker can claim. For instance, while a pension is accrued as a result of a worker's social security

P.35  Section  8  of  the  report  accompanying P.137/2020 highlights the importance of a fair package of rights and benefits for migrants, and that  Ministers  will  undertake  a  review  of  all government  funded  services  that   include

Findings

Comments

record the same individual may be denied a claim for short-term sickness benefit. This will be examined as part of the ongoing benefit review.

residency requirements with the aim that access to benefits and services is fair and aligned across all areas.

17

The Children's Commissioner has expressed concern on how international conventions on human rights and the rights of children have been applied when developing the CHWL Permissions and the removal of automatic graduation.

It is a prerequisite that all legislation that Jersey passes is compliant with the ECHR. As such the existing CHWL, and any proposed changes, are and always will be human rights compliant. We will  continue  to  seek  legal  advice  when considering the changes to the CHWL to ensure that the CHWL remains compliant with ECHR.

Children's  Rights  Impact  Assessments  will  be conducted  for  the  migration  control  and population policies to ensure that due regard is given  to  the  UNCRC,  and  the  Children's Commissioner will continue to be fully involved in the development of these policies.  

18

Digital identification cards will be phased in and will apply in the short- term only to new residents under the CHWL Permissions.

The  intention  is  to  have  enhanced  identity requirements so that the registration process is more secure and the options in how to do that are being discussed by the project team. Details will be developed during the year.

19

If paragraph (a) of the proposition is adopted, then the automatic graduation of migrant workers into "entitled to work" and then "entitled" status under the current law will end.

Noted. this will apply to residents of Jersey who arrive once the new CHW legislation is adopted and enacted. Paragraph (a) of P.137/20 has now been adopted by the States Assembly.

20

There is a lack of data about the movement of individuals between industry sectors which is needed to inform the decision to remove automatic graduation.

The Panel's views are noted.

21

The Island's Fiscal Policy Panel, Employment Forum, and the UK's Migration Advisory Committee are being considered as potential models for the proposed Independent Panel.

Correct

Findings

Comments

22

An independent, statutory, expert Panel ("Independent Panel") will be established to consult with Islanders, local businesses, environmental and community groups, and other organisations, to advise the Council of Ministers on the common population policy.

Correct and as voted for by the States Assembly in adopting P.137/2020 paragraph (c) vii.

23

The diversity of the Independent Panel and its ability to reflect the population of Jersey has not been fully considered when developing this proposition. Deputy Perchard has sought to amend this through amendments.

Deputy Perchard's amendments in this regard to P.137 para (c) vii were not approved by the States Assembly when debated on 03/03/21.

24

The Independent Panel is currently expected to consist of three to four members, with members to be selected by the Jersey Appointments Commission.

Correct.  The  appointment  through  the  Jersey Appointments  Committee  will  be  as  per P.137/2020  Second  Amendment  as  amended voted for by the States Assembly on 03/03/21.

25

It is not specified in the Proposition whether the minutes of the Independent Panel will be made public.

Correct. Further consideration will be given to this.

26

A Committee of States Members ("the Committee") will be established to determine applications under the Control of Housing and Work Law that fall outside of formal guidelines.

Correct and as voted for by the States Assembly in adopting P.137/2020 paragraph (c) viii.

27

The Committee will be formed of both executive and non-executive States Members, with Officers making a recommendation on exceptional cases and the Committee responsible for a final decision through majority voting.

Correct.  The  exact  details  have  not  yet  been decided,  but  this  is  a  likely  avenue  to  be considered.

28

A review is being undertaken by Customer and Local Services and

Correct. A review of aspects of these processes took place at the end of 2020, in preparation for

Findings

Comments

Jersey Customs and Immigration Services into the customer-facing aspects of CHWL applications and immigration entry clearances to improve transparency.

the end of the Brexit transition period. Work will continue between JCIS and CLS to streamline processes where possible.

29

The Planning Committee, Privileges and Procedures Committee and Public Accounts Committee are being considered as potential models for this Committee. Membership will likely be filled through a mixture of appointments and election.

Correct

30

The  proposal  of  the  Committee  has been welcomed by stakeholders, with the caveat that they would like to see flexibility  in  the  lead  times  for decisions.

Noted.

31

Stakeholders are of the opinion that membership of the Committee should be extended to non-States individuals to represent key industries.

Noted.

32

The Chief Minister is working to deliver a Common Population Policy for debate by the end of 2021.

Correct,  and  as  per  P.120/2020  agreed  by  the States Assembly.

33

It is currently unclear to what extent the 2021 Census will influence the development of a Common Population Policy or amendments to CHWL Permissions.

P.120/20  requests  that  a  common  population policy  be  presented  for  debate  by  the  States Assembly by the end of 2021, and the CM is aiming to publish that policy by November 2021 to meet that deadline. Census 2021 data will not be available until 2022 & after the population policy debate.

34

The evidence provided confirms that a clear common policy for migration and population  is  essential  for  Jersey's future.

Noted.

Recommendations

To

Accept/ Reject

Comments

Target date of action/ completion

1

Prior to the proposition being agreed by the States Assembly the Chief Minister must provide clarification on the relationship between the Immigration (Work Permit) (Jersey) Rules 1995 and the Control of Housing and Work (Jersey) Law 2012 to ensure they are workable for all sectors of the economy.

CM

Accept

Additional  information  on  the relationship between the Immigration (Work Permit) Jersey) Rules 1995 and the  Control  of  Housing  and  Work (Jersey) Law 2012 ("CHW Law") was provided to States Members ahead of the  P.137/20  debate.  Lodged  as  an addendum to P.137/2020 & emailed to States members 01/03/20.

01/03/21

2

Prior to the proposition being debated a report should be provided by the Chief Minister to the States Assembly which details the costs which businesses will incur for employing a migrant worker through the Immigration (Work Permit) (Jersey) Rules 1995 and the Control of Housing and Work (Jersey) Law 2012.

CM

Accept

Additional information on the costs which  businesses  will  incur  for employing a migrant worker through the  Immigration  (Work  Permit) (Jersey) Rules 1995 and the Control of Housing and Work (Jersey) Law 2012 was  provided  to  States  members ahead  of  the  P.137/20  Debate. Lodged  as  an  addendum  to P.137/2020  &  emailed  to  States members 01/03/20.

01/03/21

3

Given the current lack of relevant data in relation to the Control of Housing and Work Law Permissions ("CHWL Permissions"), the Chief Minister must provide a report to the States Assembly on an annual basis confirming:

CM

Consider

Improving the quality and quantity of data available to the general public and  States  Members  will be  a  key output of the proposed migration and population polices. The exact nature of  those  reports  will  be  developed over the next year.

Section 7 of the accompanying report to  P.137/2020  highlights  the importance of clarifying the processes involved  in  applying  for  CHWL

31/12/2021

Recommendations

To

Accept/ Reject

Comments

Target date of action/ completion

• the number of CHWL Permissions granted, in what sector of industry and movement between sectors and permissions;

• the appeal process and procedures and number of appeals

(successful/unsu ccessful);

• how CHWL Permissions responded to demand linked to an economic framework which provides sector plans and anticipated skills gaps;

• coherent policy

across departments including immigration, island plan, health and community services;

• how CHWL Permissions

remain complaint with Jersey Employment Legislation and International

permissions  and  in  having  greater transparency of the actions taken by government  to  manage  the  island's population.

A  number  of  projects  are  being developed  across  government  over the  next  year  or  so  (e.g.  e-census, monthly combined returns, improved IT system for CHWL permissions). These will be incorporated with other existing  information  sources  to provide regular, comprehensive and publicly available reports.

The  independent,  statutory,  expert panel  will  also  produce  reports  on migration and population matters, and these will be further defined within its terms of reference.

Information on CHWL permissions is currently published online at: https://www.gov.je/Government/Dep

artments/CustomerLocalServices/Pag

Recommendations

To

Accept/ Reject

Comments

Target date of action/ completion

conventions to which Jersey is a signatory;

 the ongoing impact of global factors, including Brexit and COVID-19;

unintended consequences and impact of the CHWL Permissions for migrant workers inside and outside the Common Travel Area; and recommendations to maintain or alter CHWL Permissions.

4

The Chief Minister must commit to undertaking further consultation with Agricultural, Hospitality and Construction sectors before the Control and Housing Work Law Permissions are enshrined in law to alleviate their concerns and also address the guidelines for ten-year permissions open to key professionals.

CM

Accept

Agriculture  and  hospitality representatives  were  invited,  and made representations to the Migration Policy  Development  Board  in  their considerations of the changes to the migration  controls.   These  were carried  forward  by  the  CM  into P.137/20.

Further consultation will take place with businesses ahead of the States debate on the CHWL amendments. The ACM is liaising with businesses on the impacts of Brexit and Covid-19 in  his  considerations  for  the Population policy debate.

Guidance  on  the  new  CHWL permissions will be produced ahead of the debate on CHWL

31/12/2021

5

The proposed independent, statutory, expert panel to research and advise on population

CM

Consider for Accepta nce

The  independent,  statutory,  expert panel  will  produce  reports  on migration and population matters, and

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matters should publish an annual report on its work as is currently done by the UK's Migration Advisory Committee and include information to inform the States Assembly and Islanders of the work undertaken by the Independent Panel that year and its use of resources, with a potential scope for the report to contain comment on, and recommendations relating to, the Common Population Policy, to help provide a regular review of the Policy.

these will be further defined within its terms of reference.

Subject  to  the  views  of  the Independent  Panel  itself,  an  annual report would be a suitable method of disseminating  and  publicising  the work of the Panel.

6

The Terms of Reference for  the  proposed independent,  statutory, expert  panel  should  be presented  to  the  States Assembly  for  approval which should include:

• a commitment to include a diverse membership reflecting the Island in terms of race, ethnicity, age religion and gender, as outlined in P.137/2020 Amd;

• a commitment to include

CM

Consider in part

The P.137/2020 amendment referred to  in  this  recommendation  was withdrawn  prior  to  debate  by  the States Assembly on 03/03/21.

The intention is for the panel to be set up   as  per  P.137/2020  Second Amendment as amended voted for by the  States  Assembly  on  03/03/21. This  Panel  will  be  outlined  in  the amended  CHWL  which  the  States Assembly will be asked to approve in due course.

The CM  and ACM have agreed to provide the terms of reference of the Panel to the Scrutiny Panel once these are  developed. The  need  for  the Terms of Reference to be approved by the States Assembly will be further considered.

Recommendations

To

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Comments

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representation from the Island's key economic sectors;

a member who is a human rights lawyer, or receive expert advice from one, to ensure that the European Convention on Human Rights and United Nations Convention on +the Rights of the Child are upheld; and targeted civic organisations, such as those which focus on the voice of children and young people.

7

The independent, statutory, expert panel should seek to fulfil Recommendation 1 of the Corporate Services Scrutiny Panel's 2019 Report on Population and Migration and provide clarity on how we as an Island define, measure and monitor different kinds of contributions and its Terms of Reference should seek to fulfil the Recommendations of that report related to its composition and diversity.

CM

Consider

Reject

How the Island defines, measures and monitors  different  kinds  of contributions  from  migrants,  whilst addressing  the  key  tensions  of  our finances,  our  society  and  our environment,  will  form  part  of  the considerations  and  debate  on  the common population policy.

See rec. 6: The intention is for the panel to be set up as per P.137/2020 Second  Amendment  as  amended voted for by the States Assembly on 03/03/21. This panel will be outlined in  the  amended  CHWL  which  the States  Assembly  will  be  asked  to approve in due course.

8

The Committee of States Members which will

CM

Consider

In approving P.1372020 para (c) viii the States Assembly has voted for a Committee of States members to hold

Recommendations

To

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Comments

Target date of action/ completion

hold responsibility for determining applications under the CHW Law must provide Terms of Reference which will be approved by the States Assembly and should include flexibility in lead times to allow for it to respond appropriately to fast-changing environments and changing business needs.

The Committee should include key sectors from the community as well as States members.

Consider

Reject

responsibility for determining such applications.

The  detailed  composition  of  this Committee will be outlined in future CHWL  amendments  which  will  be brought to the States  Assembly for debate.

The CM  and ACM have agreed to provide the terms of reference of the Panel to the Scrutiny Panel once these are  developed. The  need  for  the Terms of Reference to be approved by the States Assembly will be further considered..

The  Committee  will  consider individual decisions on a case by case basis  where  these  fall  outside guidelines. The intention is that the Committee  will  deal  promptly  with these cases and full details will be developed during 2021.

The  Committee  will  hold  statutory powers and it is not appropriate that the  Committee  would  include  non- elected members.

The  expert  Panel  will  take  regular soundings  from  key  business  and community sectors to ensure that the population  policy  continues  to  be relevant to current circumstances.

9

The Council of Ministers developing a common policy on population should publish a report by the end of December 2021 outlining the work it has conducted on the development of a Common Policy on Population during 2021

CM

Accept

The Council of Ministers intends to publish a common population policy for debate in the States Assembly by the end of December 2021, as per the States Assembly's decision to support P.120/2020.

The Chief Minister will bring forward amendments to the CHW legislation to  support  the  improved  migration controls approved by P.137/2020.

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To

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Target date of action/ completion

and the progress made on each review and system updates outlined in the report to P.137/2020.

Information  will  be  provided  on progress  in  respect  of  operational projects.