Answer ... In order to live and work in Jersey, an individual needs to be entitled to reside in Jersey for immigration purposes. The Immigration Acts 1971, 1988 and 1999 of the United Kingdom extend to Jersey.
Jersey is part of the Common Travel Area along with the United Kingdom, the Republic of Ireland, the Isle of Man and the Bailiwick of Guernsey. There are no restrictions on travel for individuals travelling within the Common Travel Area.
Currently, the Committee for Home Affairs is empowered under Jersey laws to make rules in respect of entry and stay in Jersey, these are set out in the Jersey Immigration Rules (the "Immigration Rules").
The Immigration Rules govern immigration in Jersey and have provisions in respect of obtaining visas and leave to enter Jersey as a visitor or other purposes (as outlined under the Immigration Rules). Alongside visa requirements, the Immigration (work permits) (Jersey) Rules 1995 require employers to apply for work permits for individuals who need immigration permission to enter or remain in Jersey for work. Certain exemptions apply.
In addition to immigration status the Control of Housing and Work (Jersey) Law 2012 (the "CHWL") requires (subject to certain exemptions) everyone who lives or works in Jersey to hold a Registration card which confirms that they are able to live or work in Jersey and sets out the requirements to register newcomers to Jersey. A persons residential and employment status may be either:
Status |
How Obtained |
Entitled |
Someone who has lived in Jersey for a continuous period of 10 years immediately before applying for a card |
Licensed |
'Essential employee' employed by the States of Jersey or a local business allowed to employ 'licensed' people |
Entitled for Work |
Lived here for a continuous period of five years immediately before applying or is the spouse of a suitably qualified individual |
Registered |
None of the categories above apply (usually if you've been here less than five years, you work seasonally, or you have been away for periods) |
Under the CHWL, a person must not carry on a business, trade or activity involving work or services performed for, or offered to members of the public, including a section of the public (defined within the CHWL as an "undertaking") and employ staff unless there is in force a licence or such licences as are appropriate for the operation of the undertaking. An appropriate licence would be (1) a business licence, (2) a hawker's licence, or (3) a non-resident undertaking licence.
Any licence may employ an unlimited number of Entitled/Entitled for work only persons, however, the undertaking must apply to the Business Licensing Department for permission to employ any Licensed or Registered persons.
Any businesses wishing to obtain work permits for their employees must ensure that they have the relevant business licence permissions in place.
Jersey has two separate housing categories; Qualified and Registered. A person shall not occupy Qualified accomodation unless that person is Entitled or Licensed, or where they reside in the property with the consent of someone who is Entitled or Licensed, has inherited the property or has been given permission by the Chief Minister under Article 17(2) of the CHWL.
Part 18c of the Companies (Jersey) Law 1991 outlines the process of continuance of companies in and out of Jersey.