Right to Work Documents
The Right to Work Law requires everyone, including self employed persons, who starts or changes employment in Guernsey to hold a "Right to Work Document" issued by the Housing Department indicating that they are lawfully housed.
1. A Status Declaration - is issued to a local person who is a qualified resident as defined in the Housing Control Law. These are permanent documents which cannot be revoked.
2. Employment related housing licences – are for both "essential" employees and those employed under Short-Term licences. This type of licence specifies the dwelling which can be occupied; the employment for which it is valid; and has an expiry date.
3. Non-essential licences - i.e. not related to employment. This type of licence specifies the dwelling which may be occupied and has an expiry date.
4. A Declaration of Lawful Residence - is for people who are not themselves residentially qualified but who are lawfully housed, for example as spouses or members of the household of qualified residents or licence holders.The following categories of people occupying properties on the Open Market Housing Register are also entitled to a Declaration of Lawful Residence: - Part A (private dwellings) - all occupants. Part B (hotels and guesthouses) - owner, principal tenant, manager and their families and staff. Part C (nursing and residential homes) – owner, principal tenant, manager and their families. Part D (lodging houses) - owner and their family. A declaration specifies the dwelling which is occupied and its expiry date. [NOTE - These declarations are automatically renewable on application being made provided that the circumstances of residence are unchanged].
5. A Tent Dweller’s Declaration - is issued to enable people living in tents to work between 1 April and 31 October only in industries specified in the Right to Work Law.These industries are currently Tourism, Horticulture and Fish Farming. A Tent Dwellers Declaration specifies the site of the tent and the employment for which it is valid.
6. A Boat Crew Declaration - is issued to crewmembers who live on the vessel on which they work.This document has an expiry date but is automatically renewable on application being made and specifies the boat for which it is valid.
7. A Temporary Exemption Certificate - may be issued, for example, to people who have applied for one of the other documents, in cases where there may be a delay in issuing that document. A Temporary Exemption Certificate has an expiry date and can be subject to conditions.
The Right to Work Law requires employers to keep records, which can be inspected by the Housing Department.