Friday 31 March 2017
People currently working in Guernsey on a short-term housing licence, and those on their three month break between short term licences, who have accrued more than 45 months residency by 2nd April 2017, will be able to return to the Island indefinitely as long as they continue with a nine-months on, three-months off pattern.
This new grandfather rights policy was agreed by the States of Deliberation this week, as a result of an amendment debated when the commencement Ordinance of the Population Management Law was agreed.
The law comes into effect on Monday [3rd April 2017] and Esther Ingrouille, who will head up the new Population Management Office, said the Population Management team would try to make as many businesses and employees as possible aware of this last minute change.
"We will be sending a notice to all businesses on our database who have applied for a short-term housing licence during the last year, to make them aware of this change and to ask them to update any employees who meet the new criteria.
'It is unclear exactly how many guest workers will now be able to benefit from these new grandfather rights, but it is likely to be several hundreds. The change made by States Members during the debate means that guest workers who have accrued more than 45 months' residency on short-term licences will be able to keep to their current pattern of working nine months in Guernsey followed by a three month break, for as long as they and their employer want to."
Mrs Ingrouille said it was important to highlight that the grandfather rights had changed because letters sent out over the last year, and presentations given to employers about the transitional arrangements, were based on the position prior to the States' recent decision.
Guest workers holding short term housing licences will fall into two groups: those with at least 45 months aggregate residence who will now have grandfather rights; and those with less than 45 months residency in the island.
For those workers who have less than 45 months total residency in the island, when the new law comes into force on Monday their current licence will remain valid until expiry. Once it expires, their employer will be able to apply for a short term employment permit and a new application can be made each year until the employee has reached the maximum five years' residency. Once the five year threshold has been reached, they will have to leave the island.
"For those who will now receive grandfather rights following the States' decision, it is very straight-forward. If their current or most recent document was a short term housing licence, and they have more than 45 months residency in Guernsey, they will be able to continue their nine month on three month off pattern indefinitely. However, if a person who has these grandfather rights leaves the island for three years, the grandfather rights no longer apply. For those guest workers who have accrued less than 45 months residency, or any new employees who come to the island in future on short term employment permits, they will be able to stay until they have reached five years' residency only."
