1 Legal framework

1.1 Which legislative and regulatory provisions govern corporate immigration in your jurisdiction?

In order to live and work in the Bailiwick of Guernsey (the islands of Guernsey, Alderney, Sark, Herm and Jethou), an individual must be entitled to reside in the bailiwick for immigration purposes. The Immigration Acts 1971, 1988 and 1999 of the United Kingdom extend to the bailiwick.

The Bailiwick of Guernsey is part of the Common Travel Area, along with the United Kingdom, the Republic of Ireland, the Isle of Man and the Bailiwick of Jersey. There are no restrictions on travel for individuals travelling within the Common Travel Area.

Currently, the Committee for Home Affairs is empowered under Guernsey laws to make rules in respect of entry and stay in the bailiwick; these are set out in the Immigration (Bailiwick of Guernsey) Rules, 2008 (‘Immigration Rules').

The Immigration Rules govern immigration in Guernsey and include provisions on, among other things:

  • business visitors;
  • persons intending to establish themselves in business; and
  • investors.

In addition to immigration status, the Population Management (Guernsey) Law, 2016 (‘Population Law') requires everyone who lives or works in Guernsey to hold a certificate or permit which confirms that they are able to live or work in Guernsey. Along with the Population Management (Employment Permit Applications) Regulations, 2017 (‘Population Regulations'), it also sets out the requirements for the application of work permits by employers.

Guernsey has two separate housing markets:

  • properties that may only be occupied by qualified local residents or holders of a permit issued under the Population Law (the ‘local market'); and
  • properties that can be freely occupied by anyone with the right of abode for immigration purposes (the ‘open market').

The Immigration Act 1971 (as extended to the Bailiwick of Guernsey) Work Permit Policy, which came into force on 19 January 2021, provides further guidance on the requirements for work permits under the Sector-Based Scheme in Guernsey (see question 3.1).

Part VII of the Companies Law (Guernsey), Law 2008 outlines the process for the migration of companies in and out of Guernsey.

1.2 Do any special regimes apply in specific sectors?

See question 3.

1.3 Which government entities regulate immigration in your jurisdiction? What powers do they have?

The Committee for Home Affairs makes rules and advises the States of Deliberation (‘States') on immigration and population management.

The Immigration and Nationality Division of the Guernsey Border Agency is responsible for:

  • managing and enforcing the immigration rules regulating the entry and stay of individuals; and
  • taking deportation action against individuals when required to do so.

The Population Management Office deals with permit applications. The administrator of population management is appointed by the Committee for Home Affairs and deals with the day-to-day administration of the Population Law.

Applications of overseas companies which are migrating to Guernsey are dealt with by the Registrar of Companies in Guernsey. Companies that would be regulated by the Guernsey Financial Services Commission (ie, banks, investment funds or managers, insurance companies and fiduciary companies) on arrival need the consent of the commission.

1.4 What is the government's general approach to immigration in your jurisdiction?

The States' approach to immigration is generally encouraging and facilitative. There is a government body, Locate Guernsey, charged with encouraging people to physically relocate or to relocate their businesses to Guernsey.

The States does, however, recognise that due its size, the bailiwick must have the right number of people and the population must be comprised of the right individuals and businesses, which can positively enhance the bailiwick's economy. This is why it introduced the Populations Law in 2017.

One of the States' priorities for this political term is to review its population and immigration policies. It has recognised that there is a need to access off-island employees to address manpower shortages. However, in order to manage the pressure on housing stock, the environment and public services, there may be a need to limit immigration and population growth. In this regard, the States has set up a cross-committee steering group to review the policies.

2 Business travel

2.1 Do business visitors need a visa to visit your jurisdiction? What restrictions and exemptions apply in this regard?

Anyone can stay in Guernsey for up to 90 days within a 12-month period (starting from first arrival into the bailiwick) without needing a certificate or permit under the Population Law. This does not permit anyone to undertake employment in the bailiwick.

There are no routine border immigration controls when travelling within the Common Travel Area. People who are lawfully in the United Kingdom, where most commercial transport links with the bailiwick lie, may travel freely to the bailiwick. Most short-term visitors to the island arrive from the United Kingdom without needing to fulfil any additional formalities.

As from 1 October 2021, everyone travelling directly into the bailiwick of Guernsey from outside the Common Travel Area will need a valid passport (or for some EU, European Economic Area (EEA) or Swiss nationals, their national identity card).

People who are not British or Irish nationals or who have not been granted EU/EEA/Swiss citizen settled status may need additional immigration clearance to visit Guernsey. Such people may seek leave to enter the bailiwick as business visitors. The requirements to enter as a business visitor are set out in Paragraph 46G of the Immigration Rules. Individuals must:

  • be over the age of 18;
  • genuinely seek entry as a business visitor;
  • not take employment or provide or sell goods or services within the bailiwick;
  • be able to maintain and accommodate themselves without recourse to public funds;
  • be able to meet the cost of the return journey; and
  • not marry or receive private medical treatment during their visit.

2.2 Do the requirements vary depending on sector or purpose?

See question 2.4.

2.3 What is the maximum stay allowed for business visitors?

Pursuant to Paragraphs 7 and 46G of the Immigration Rules, the maximum stay is six months for a business visitor.

2.4 What activities are business visitors allowed to conduct while visiting your jurisdiction?

Visitors who come to the island as business visitors seeking entry to leave in the bailiwick, if they are not entitled to freely come and go, must demonstrate that they intend to do one of the following during their visit:

  • attend meetings or conferences;
  • arrange deals or negotiate or sign trade agreements and contracts;
  • undertake fact-finding missions, provided that information is of benefit to a branch abroad only;
  • conduct site visits and promotional activities;
  • take part in a location shoot as a member of a film crew, meaning that they:
    • are either a film actor, producer, director or technician paid or employed by an overseas company; and
    • are coming to the bailiwick for location sequences only;
  • represent overseas-based news media as a journalist, correspondent, producer or cameraperson – but only if they:
    • are employed or paid by an overseas company; and
    • are gathering information for an overseas publication;
  • undertake preaching and pastoral work – but only if:
    • their base is abroad; and
    • they are not taking up an office post or appointment in the bailiwick;
  • undergo one-off training to be delivered by the bailiwick branch of the same group of companies to which their employer belongs; or
  • act as an adviser, consultant or trainer to the bailiwick branch of the same group of companies as their overseas company, provided that:
    • they remain employed by their overseas company; and
    • they do not conduct any work within the bailiwick company's clients.

2.5 Is authorisation required for business visitors to provide or receive short-term training?

If a business visitor is seeking entry into the bailiwick to provide short-term training, this must be one-off training on techniques and work practices used in the bailiwick where the training is delivered by the bailiwick's branch of his or her employer. Alternatively, the training must be conducted by a bailiwick company that provides goods and services or is contracted to provide training facilities to the business visitor's overseas company.

3 Work permits

3.1 What are the main types of work permit in your jurisdiction? What restrictions and exemptions apply in this regard?

There are two schemes for obtaining employment in Guernsey:

  • the General Scheme; and
  • the Sector-Based Scheme.

Under the General Scheme, the main types of work permits are outlined in the Population Law. They include:

  • short-term employment permits (STEPs);
  • medium-term employment permits (MTEPs);
  • long-term employment permits (LTEPs);
  • seasonal employment permits;
  • the Open Market Employment Permit (Part A) (OMPE(A));
  • the Open Market Employment Permit (Part B) (OMPE(B)); and
  • the Open Market Employment Permit (Part C) (OMPE(C)).

STEPs: STEPs are conditional upon a particular full-time job and a particular employer. However, the permit holder may work in more than one post and does not need a permit in respect of this additional post. The post must be full time (ie, for at least 35 hours per week).

The permit holder may be accommodated in a local market or open market dwelling (see question 1.1), but cannot be the householder of a dwelling. He or she may also occupy a Part D open market dwelling (a house in multiple occupancy) without being accommodated by the householder.

MTEPs and LTEPs: MTEPs are also conditional upon a particular full-time job with a particular employer.

The holders of MTEPs and LTEPs may occupy and be the householder of a local market or an open market dwelling. However, they can only accommodate immediate family members (or anyone else who has been granted permission) in local market dwellings. Like the holders of STEPs, they may also be employed in more than one post and do not need a permit for the additional post.

Seasonal employment permits: These permits were introduced in 2020. Permit holders may also be employed in more than one post and do not require a permit for the additional post. They cannot be a householder of a dwelling, but may be accommodated in either a local market or open market dwelling and can occupy a multiple occupancy dwelling as a tenant without being accommodated by the householder.

OMPE(A): Part A dwellings are private family homes. The owners of open market family homes can employ staff and an OMPE(A) is granted in this respect. The holder of the permit must be accommodated in the private family home and be employed as a full-time household staff member. Employment in more than one post is permitted. The permit holder cannot accommodate any others and, no matter how long they live or work at the dwelling, cannot build up rights to live in local market accommodation.

OMPE(B): Part B dwellings are hotels.

The holder of the permit must be accommodated in the Part B dwelling and be a full-time property staff member.

OMPE(C): Part C dwellings are nursing or residential homes.

The holder of the permit must be accommodated in the Part C dwelling and a full-time property staff member.

Sector-Based Scheme: Under this scheme, permits are granted only in eligible sectors (see below) for full-time positions – that is, equivalent to seven hours a day, five days a week, 46 weeks a year (pro rata where employment has been for less than a year).

Before applying for a permit or submitting an application under this scheme, employers must advertise the job to reach suitably qualified permit-free workers. They must wait three weeks from the date the ad first appeared or the recruitment process started before submitting the application for a work permit. The application must be accompanied by:

  • evidence of recruitment efforts;
  • details of any responses that the employer has received; and
  • full reasons as to why permit workers were not suitable for the post.

3.2 What is the maximum stay allowed under each type of work permit? Can this be extended?

STEPs are valid for a maximum of one year at a time. They are renewable until the holder of the permit completes a combined period of five years of residence, after which he or she cannot hold any other STEPs. Non-recognised breaks in residence count towards the combined period of five years' residence. A recognised break in residence (RBR) is a period of time during which a person is not resident in the bailiwick and its duration must be equal to his or her last period of residence.

The MTEP is valid for a maximum of five years but the holder must take an RBR. Non-RBRs count towards the combined five years of residence.

The LTEP is valid for a maximum of eight years. After this period, the holder becomes an established resident.

The OMEP(A) is renewable as long as full-time employment continues.

The OMPE(B) and OMEP(C) are granted for a period of up to five years.

Seasonal employment permits may be granted for a period of up to nine months.

Under the Sector-Based Scheme, a permit will be valid for the period specified in the permit, up to a maximum of five years.

3.3 What criteria must be satisfied to obtain each kind of permit?

Please see questions 3.1 and 3.2.

3.4 Do any language requirements apply for each kind of permit?

Individuals from outside of the European Union who are applying for STEPs, MTEPs and LTEPs must provide evidence that they have passed an English language test. If a permit holder wants to be granted indefinite leave to remain (having been in the bailiwick for a continuous period of five years), he or she will need to demonstrate that he or she has sufficient knowledge of the English language and life in the United Kingdom and the bailiwick.

In the case of the Sector-Based Scheme, the permit holder must have an adequate command of the English language. This requirement is met where the permit holder:

  • is a national of a majority English-speaking country;
  • has passed an English language test approved by the Home Office or the Guernsey Border Agency;
  • has obtained an academic qualification which meets the standard of a bachelor's/master's/PhD in the United Kingdom from an approved list of countries; or
  • has obtained an academic qualification taught in English which is deemed by UK NARIC to meet the recognised standards of a bachelor's/master's/PhD.

3.5 Are any work permits subject to quotas?

No.

3.6 Do any specific rules apply with regard to the following:
(a) Work in specific sectors?
(b) Shortage occupations?
(c) Highly skilled workers?
(d) Investors and high-net worth individuals?

(a) Work in specific sectors?

There are three eligible sectors for work permits under the Sector-Based Scheme:

  • Sector A:
    • Finance (ie, banks, investment businesses, insurance businesses, fiduciary businesses and professions supporting the foregoing – principally accountants, actuaries and advocates (commercial lawyers)); and
    • Industry (ie, companies that manufacture goods for export outside the bailiwick or that provide services to the finance sector in the fields of financial technology, information and communications technology and digital technology).
  • Sector B:
    • Health;
    • Education;
    • Government; and
    • Veterinary surgery.
  • Sector C:
    • Hospitality.

(b) Shortage occupations?

STEPs are issued to cover manpower shortages in Guernsey.

MTEPs are issued for jobs where there are skills shortages in Guernsey locally, but where there are not shortages elsewhere for these jobs.

LTEPs are issued where skills and qualifications do not exist locally and there is a shortage of those skills internationally.

(c) Highly skilled workers?

See above.

(d) Investors and high-net-worth individuals?

Individuals eligible to live in Guernsey for immigration purposes who relocate to Guernsey and are the owners of open market dwellings on Part A, B, C and D of the Housing Register (ie, private family homes, hotels, residential homes and multiple occupancy) are granted open market resident certificates, which can be renewed indefinitely.

Where individuals wish to live in Guernsey but their nationality is not British or Irish and they do not have EU/European Economic Area/Swiss settled status, they may be eligible for a bailiwick investor or entrepreneur visa.

Investor immigration may be available to individuals who have at least £1 million in their name in a bank account and who are prepared to invest no less than £750,000 in a way that is of benefit to the bailiwick. This may be by:

  • deposit in a Guernsey bank;
  • the purchase of an investment property (in addition to the property in which the applicant will live); or
  • an investment in another Guernsey opportunity of the applicant's choosing that is considered appropriate by the States of Guernsey.

An entrepreneur visa is available to those who wish to relocate to Guernsey and to play an active role in the running of a business in Guernsey. The applicant must:

  • show that he or she has at least £200,000 in his or her name in a bank account; and
  • identify the business or opportunity that he or she will invest in and run.

3.7 What are the formal and documentary requirements for obtaining each kind of permit?

The documents required for STEPs, MTEPs and LTEPs are:

  • a valid entry clearance;
  • the employee's photo ID (ie, passport or driving licence);
  • if the proposed permit holder previously lived in the bailiwick, details of his or her past address; and
  • the address of where he or she will be living in the bailiwick.

Individuals outside the European Union must also provide evidence that they have passed an English language test.

STEP applicants must also provide their latest travel document which show their departure from and arrival to Guernsey; and MTEP and LTEP applicants must provide a copy of their current CV.

For Sectors A and B, schedules of professional qualifications with confirmation from employer that the qualifications and references have been verified must be sent as supporting documentation with the application. For Sector C, original references showing at least three years of recent experience in a similar establishment must be submitted with the application.

Applications for investor or entrepreneur visas must be made in the applicant's country of residency. Further information is available from Locate Guernsey.

3.8 What fees are payable to obtain each kind of permit?

The Population Management (Employment Permit Applications) Regulations, 2017 outline the fees payable for the permits as set out below:

Application Fee payable
LTEP (initial application) £1,200
LTEP (initial application and special case) £1,400
LTEP £700
LTEP (special case) £900
MTEP (initial application) £900
MTEP (initial application and special case) £1,100
MTEP £400
MTEP (special case) £600
STEP (initial application – full assessment) £220
STEP (initial application and special case) £270
STEP (initial application – full assessment and special case) £670
STEP £120
STEP (special case) £170
Reconversion of LTEP or MTEP approval £50
Reconversion of STEP approval £30
Open Market Employment Permit (Part A) £65
Open Market Employment Permit (Part B) £65
Open Market Employment Permit (Part C) £65
Replacement permit £10

‘Initial application' means the first application made by the employer for the permit or where the employer does not have assesses status.

‘Full assessment' means an application for a STEP made by the employer which also wants to be assessed by the administrator of population management on the making of the application.

‘Special case' means an application for the specified category of permit that is outside the standard published policies.

‘Reconversion' is where the permit holder has ceased employment and the employer wants to apply for the same category of permit in respect of the same post of employment.

3.9 What is the process for obtaining a permit? How long does this typically take?

The application for a work permit for an individual can only be made by the employer through the Population Portal – an online system through which applications for permits are made. Self-employed individuals can make the application themselves.

The permits are then issued in either paper or electronic form.

Applications for permits should be made before the person who will hold the permit moves to Guernsey.

3.10 Once a work permit has been obtained, what are the rights and obligations of the permit holder? What are the penalties in case of breach?

See above for the rights and obligations of the permit holder.

The penalties depend on the type of breach that has been committed. Permits may be revoked where a permit holder:

  • has committed a serious breach;
  • is not working in the role for which the permit was granted; or
  • is not working full time.

Employers can be penalised for employing persons without valid permits or certificates.

4 Settlement

4.1 What are the criteria for obtaining settlement in your jurisdiction? What restrictions apply in this regard?

The regime of permits and certificates to occupy residential accommodation applies to all persons at all times.

From an immigration perspective, British, Irish and EU/European Economic Area (EEA)/Swiss citizens with settled status may relocate to Guernsey at will. Other nationals will generally require visas until they obtain indefinite leave to remain (ILR). ILR may be granted to persons who have been lawfully resident for a continuous period of five years in the bailiwick.

Where such persons hold work visas, their employers must certify that they are still required for work. They must demonstrate that they have sufficient knowledge of the English language and life in the United Kingdom and the bailiwick. They must not be in the bailiwick in breach of any immigration laws.

‘Continuous residence' means that the individual has not been outside the bailiwick, the United Kingdom or the Channel Islands for more than 180 days in any 12-month period during the five years. There are exceptions for absences as a result of serious illness, pregnancy, vocational training or an overseas posting for work. However, the absence may not be longer than 12 months; otherwise, the continuous residence is broken. Continuous residence is also broken by periods of imprisonment.

Before an application for ILR is submitted, individuals aged between 18 and 64 must take and pass the Citizenship Test to demonstrate that they have sufficient knowledge of the English language and life in the United Kingdom and the bailiwick. The Citizenship Test is a 45-minute written test consisting of 24 questions based on information in the Official Handbook on Life in the UK.

Spouses and unmarried partners (including partners of the same sex) who arrived before 1 June 2015 may also apply for indefinite leave where they have completed two years as the spouse of a person present and settled in the bailiwick.

4.2 Do any specific rules apply to foreign citizens with ancestral connections?

ILR may be granted on the grounds of UK ancestry to individuals who can demonstrate that they meet all of the following requirements:

  • They are a Commonwealth citizen;
  • They are aged 17 or over;
  • They have proof that one of their grandparents was born in the United Kingdom or the Channel Islands. The grandparent must either be a blood grandparent or a grandparent by reason of adoption;
  • They are able to work and intend to take or seek employment in the bailiwick;
  • They will be able to accommodate themselves and any dependants without recourse to public funds;
  • They hold a valid entry clearance;
  • They have spent a continuous period of five years in the bailiwick;
  • They have knowledge of the English language and life in the United Kingdom/the bailiwick (unless they are under 18 or over 65);
  • They do not fall under one of the general grounds of refusal; and
  • They are not in the bailiwick in breach of any immigration laws.

4.3 What are the formal and documentary requirements for obtaining settlement?

Applicants must provide:

  • their current passport and, if applicable, any other previous passports under which they entered the United Kingdom or the Channel Islands;
  • the birth certificates and the current and previous passports for any dependants applying for an extension of stay with them;
  • documents showing that their partner is present and settled in the bailiwick;
  • evidence that they have the funds to maintain and accommodate themselves and any dependants without recourse to public funds (eg, bank statements from the last three months or wage slips);
  • evidence that they have suitable accommodation that they either own or occupy exclusively (eg, tenancy agreements or deeds to property); and
  • evidence that they have passed the Citizenship Test.

If applying as a spouse, the marriage certificate must be provided.

If applying as an unmarried partner, documents showing that they have been in a relationship akin to marriage for at least two years must be provided (eg, bank statements showing joint commitments to finances).

4.4 What fees are payable to obtain settlement?

There is a statutory fee of £2,389. If one or more dependants are applying, the fee increases by £2,389 per dependant.

4.5 What is the process for obtaining settlement? How long does this typically take?

The process is to complete the application form for ILR, which can be found on the States of Guernsey website at www.gov.gg/immigration. The fee is payable at the time of submission of the application.

It can take up to six weeks to process the application.

4.6 Is the settlement process the same for EU citizens?

Following the United Kingdom's departure from the European Union on 31 December 2020, individuals from the European Union, the EEA and Switzerland were required to apply under the EU/EEA/Swiss Settlement Scheme. The scheme was established in order to protect the rights of citizens of the European Union, the EEA and Switzerland and their families, provided that they arrived on the island before 31 December 2020. The closing date for applications was 30 June 2021, although late applications may be considered where there are compelling reasons for the delay. The application must be completed in person at the Immigration and Nationality Office. Individuals must:

  • provide a valid passport;
  • state the month and year they arrived;
  • declare any criminal convictions; and
  • demonstrate that they have been in the bailiwick for a continuous period of five years.

If an individual has been in the bailiwick for less than five years, he or she may qualify for pre-settled status.

5 Dependants

5.1 What are the criteria to qualify as a dependant? What restrictions apply in this regard?

The spouse of a person who is present and settled in the bailiwick of Guernsey who is not entitled in his or her own right to live in the bailiwick for immigration purposes can qualify to join his or her spouse. ‘Present and settled' means that the person is a resident in Guernsey without being subject to restrictions and is physically present in the bailiwick. Individuals can qualify to join their spouse if:

  • they are both over the age of 18; and
  • they can show that:
    • they have been legally married for at least two years;
    • they intend to live together permanently as spouses;
    • they can support themselves and any dependants without recourse to public funds; and
    • they have suitable accommodation which is owned or lived in only by them and their household.

The applicant must have valid entry clearance; and the spouse must prove knowledge of the English language by taking an approved English language test, unless he or she is from a recognised list of countries or has a degree or academic qualification that was taught in English.

Children of individuals who currently live and are lawfully settled in the bailiwick can come and live with their parent or someone with parental responsibility if the parent can show that they have adequate accommodation where they can all live without help from public funds. The child must be under 18 and it must be shown that he or she:

  • is not leading an independent life;
  • is not married; and
  • has not formed an independent family unit.

5.2 What rights do dependants enjoy once admitted as such?

Spouses will be allowed to stay and work in the bailiwick for a period not exceeding 33 months. If, at the end of that period, they are still married and living with their spouse, they can apply for a further 30-month extension. If, after 60 months, they are still married and living with their spouse, they will be able to stay in the bailiwick permanently.

If children come with one parent, they will be able to stay in the bailiwick for the same length as their parent. If the parent is allowed to stay permanently, the child will be able to stay permanently too. If both parents are settled in the bailiwick or a parent who is settled has sole parental responsibility, the child can stay permanently from his or her date of arrival.

5.3 How are civil/unmarried partners and same-sex partners treated in this regard?

Unmarried or same-sex partners can join their partners in the bailiwick if:

  • they are both over 18; and
  • their partners are currently living and settled in the bailiwick or are coming to live there permanently.

Both partners must show that:

  • any previous marriage or similar relationship has permanently broken down;
  • they have been living together in a relationship similar to marriage for two years or more;
  • they intend to live together permanently; and
  • they have suitable accommodation which is owned and lived in only by them and their household, where they and their dependants can live without help from public funds.

They must also meet the English language requirements.

Unmarried and same-sex partners must obtain a visa or entry clearance before travelling to the bailiwick. The entry clearance officer will need to see evidence of a two-year relationship, including documents showing joint commitments (eg, bank accounts, investments, rent agreements or mortgages, letters linking them to same address and records of their address).

Unmarried and same-sex partners will be allowed to stay and work in the bailiwick for a period not exceeding 33 months. If, at the end of that period, they are still living with their partner, they can apply for a further 30-month extension. If, after 60 months, they are still living with their partner, they will be able to stay in the bailiwick permanently.

6 Intra-company transfers

6.1 Is there a specific regime for the transfer of employees from an overseas branch of a multinational to your jurisdiction?

In addition to the usual rules on immigration status, there are three categories of work permits available for employees being transferred from an overseas branch of a company to the bailiwick branch of the company:

  • Category A permits;
  • Category B permits – trainees; and
  • Category C permits – key workers.

6.2 What is the maximum stay allowed under this regime? Can this be extended?

A Category A work permit is valid for up to three years.

A Category B work permit is valid for one year.

A Category C work permit is valid for up to five years.

6.3 What criteria must the employer satisfy to obtain a permit under this regime?

The criteria for Category A work permits are as follows:

  • The overseas company branch from which the employee (‘transferee') is being transferred and the company in the bailiwick have common ownership or control;
  • The transferee has been in the employ of the company for a period of 12 months and the employment is for a particular project or for career development purposes; and
  • At the end of the transfer period, the transferee will resume employment for the same company overseas.

Permission will not be granted if the transferee:

  • has been in work permit employment in the United Kingdom or the bailiwick within the previous 12 months; or
  • would qualify for settlement in the bailiwick as a result of the work permit being issued.

The criteria for Category B work permits are as follows:

  • The overseas company and the company in the bailiwick are linked by common ownership or control;
  • The transferee has been employed by the company for a period of at least three months, with that period ending on the date of the work permit application;
  • The transfer to the company in the bailiwick is for training purposes only;
  • The company in the bailiwick provides a written undertaking that the trainee placement will not be used to fill a long-term post; and
  • At the end of the transfer period, the transferee will resume employment for the same company overseas.

Permission will not be granted if the transferee:

  • has been in work permit employment in the United Kingdom or the bailiwick within the previous 12 months; or
  • would qualify for settlement in the bailiwick as a result of the work permit being issued.

The criteria for Category C work permits are as follows:

  • The company in the bailiwick and the overseas company are linked by common ownership or control;
  • The company confirms the job, annual salary and at least a 12-month employment period with the company (this requirement will be waived if the annual pay exceeds £85,500); and
  • The employment relates to the work of the employer.

6.4 What are the formal and documentary requirements to obtain a permit under this regime?

Only an employer based in the bailiwick can apply for a work permit by completing the Work Permit Application Form. Intra-company transfer work permits need not meet the English requirement or the advertising requirements.

A copy of the biodata (ie, the photo page of the passport) of the prospective employee must be enclosed with the application form. If the prospective employee is in the United Kingdom, the bailiwick of Jersey or the Isle of Man, a copy of each page of his or her passport must be provided, as well as that of any dependant.

Work permit holders also require a valid entry clearance for entry. The application to obtain an entry clearance must be made to the British consular representative. Any accompanying dependants must also hold a valid entry clearance.

Form CR1 (a criminal declaration form) must accompany the application form; and the prospective employee must have a tuberculosis test if he or she will be staying in the bailiwick for more than six months and is coming from certain countries listed on the UK Home Office website.

6.5 What fees are payable to obtain a permit under this regime?

The fee for Category A and Category C work permits is £500; and the fee for Category B work permits is £300.

6.6 What is the process for obtaining a permit? How long does this typically take?

The process involves submitting the application form, together with all accompanying documentation, to the Immigration and Nationality Division of the Guernsey Border Agency. The Border Agency will provide an estimate of how long it will take to obtain a permit once the application has been submitted.

7 New hires

7.1 Are employers in your jurisdiction bound by labour market testing requirements before hiring from overseas? Do any exemptions apply in this regard?

Yes. Where employers are applying for work permits under the Sector-Based Scheme (see question 3.1), they must advertise the job using the most appropriate medium to reach permit-free workers.

The advertising requirements do not apply to permits granted under the General Employment Scheme or intra-company transfers.

7.2 If labour market testing requirements apply, how are these satisfied and what best practices should employers follow in this regard?

Employers must advertise the job in the most appropriate medium that provides the optimum chance of reaching suitably qualified permit-free workers.

The employer may advertise the job by:

  • registering with the local job centre or recruitment agency; and/or
  • advertising on the Internet and in local newspapers and professional or trade journals.

Any ads must include:

  • the job title;
  • the main duties of the job; and
  • the qualifications and experience needed.

Employers cannot submit an application for a work permit under the Sector-Based Scheme until three weeks have elapsed since they first advertised the job. They must submit evidence of their recruitment efforts along with the application for the work permit; this can be demonstrated by submitting details of:

  • the responses to the ad which the employer has received;
  • the total number of people who responded;
  • any individuals who were shortlisted for an interview; and
  • full reasons as to why permit-free workers did not make the cut.

7.3 Which work permits are primarily used for new hires? What is the process for obtaining them and what fees are applicable, for both employer and employee?

See question 3.

7.4 Is labour market testing required if the new hire is to extend his or her residence?

N/A.

7.5 Can new hires apply for permanent residence?

Open Market Employment Permits (Part B) and (Part C) are granted for a period of up to five years.

Individuals employed under short-term employment permits must leave the island once they have reached their aggregate five-year period.

Once the holders of long-term employment permits have lived in the local market for eight consecutive years, they can:

  • become an established resident;
  • remain in local market accommodation indefinitely; and
  • be employed in any job.

If they stay in the local market for a further six years, they can become a permanent resident.

8 Sponsorship

8.1 Are any licences or authorisations required to sponsor foreign nationals? What other criteria apply in this regard?

N/A.

8.2 What obligations do sponsoring employers have to ensure continued immigration compliance?

N/A.

8.3 Are sponsoring employers subject to any local training requirements?

N/A.

8.4 How is compliance with the sponsorship regime monitored? What are the penalties for non-compliance?

N/A.

9 Trends and predictions

9.1 How would you describe the current immigration landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

In the aftermath of Brexit, there have been labour shortages in some sectors in Guernsey – most notably hospitality and retail – which have been compounded by the COVID-19 pandemic. By contrast, when the United Kingdom was part of the European Union, many workers came from Europe. Employers are now looking further afield to recruit staff.

Guernsey, like many other jurisdictions also has a growing ageing population, so a cross-committee steering group has been set up to review Guernsey's immigration and population policy. The review aims to analyse:

  • what skills are needed to support economic recovery and growth;
  • what size of economically active working population is needed to maintain sustainable economic growth;
  • the impact of Brexit and membership of the Common Travel Area on immigration; and
  • the availability of local and open market housing stock.

The results of the review are pending.

10 Tips and traps

10.1 What are your top tips for businesses seeking to recruit talent from abroad and what potential sticking points would you highlight?

Employers seeking to recruit talent from abroad must ensure that all applications for work permits are submitted on time and the correct fee is paid, to avoid late penalty fees and make the transition for their employees as seamless as possible.

The correct documents must be submitted with the application, to avoid delays in the application process.

When recruiting for roles within the Sector-Based Scheme, employers should ensure that they have advertised the role appropriately to reach permit-free workers and submit all evidence relating to this with the application for the work permit.

Co-Authored: Shumona Neswar

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