Terms used within Population Management and Immigration.
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- Where the householder of a dwelling allows a person, other than a guest, to occupy that dwelling, but does not include allowing a person to live in a dwelling on a short-term and temporary basis in circumstances where the person being accommodated is otherwise lawfully occupying another dwelling.
- means any premises, vessel or any part of a premises used for human habitation.
Administrator of Population Management
- A Statutory Official, appointed by the Committee for Home Affairs, with day-to-day responsibility for the administration of, and compliance with, the Population Management Law.
- A period during which a person is not ordinarily resident in Guernsey in circumstances where the Administrator has agreed in writing to treat that period as an agreed absence for the purposes of this Law. There are two distinct types of agreed absence:
- (2) where two periods of ordinary residence interrupted by an agreed absence are deemed to be one continuous period of ordinary residence;
- (3) where the agreed absence is deemed to be ordinary residence in Guernsey.
- Click here for more information.
- Here is the full Policy: Agreed Absences Policy [398kb]
- A period during which a person is not in Guernsey under circumstances where the Administrator has agreed in writing to treat that period as an agreed absence for the purposes of this Law. There are two distinct types of agreed absence:
- Unbroken residence:
- where two periods of ordinary residence interrupted by an agreed absence are deemed to be one continuous period of ordinary residence;
- Continuous residence:
- where the agreed absence is deemed to be ordinary residence in Guernsey.
Bailiwick of Guernsey
- includes all islands of the Bailiwick and territorial waters adjacent thereto.
- A document issued to a person who is entitled to be a householder (certificate holders can only exercise their right to be a householder when they are aged 16+).
Common Travel Area (CTA)
- refers to the geographical area of the UK, Channel Islands, Isle of Man and Republic of Ireland.
Committee for Home Affairs
- One of seven Principal Committees each of which has political responsibility for the development and implementation of policies relating to certain aspects of Island life. The Committee for Home Affairs has political responsibility for areas including: population management; crime prevention; law enforcement; justice; fire & rescue; trading standards; and civil defence.
- An individual's residence that is continuous without any breaks in residence (in terms of residential qualification). For Permits that have certain limits under the Population Management Law, this can include unrecognised breaks in residence.
Contract of employment
- means a contract of service or apprenticeship (whether written or oral, express or implied).
- means failure to comply.
- however, expressed includes any conviction by or before a court outside the Bailiwick of Guernsey.
- making false representation or submitting false documents (whether or not material to the application) or failing to disclose material facts.
Dependant Family (only applicable to people who require immigration permissions)
- Spouse (married/civil partner), Durable partner (unmarried: must be able to demonstrate a minimum 2-year relationship), Child (under the age of 18 at time of application).
- See 'Immediate Family Member' and 'Extended Family Member' which is applicable to everyone under the Population Management Law, except in the case of a person who requires immigration permissions.
- a national of a State which is a Contracting Party to the European Economic Area Agreement. A Swiss national shall be treated as an EEA national for the purposes of this employment permit policy.
- Entry clearance is the process whereby a British High Commission or Embassy in another country grants permission to enter the UK and Islands. Commonly referred to as a visa, entry clearance provides evidence of a person's entitlement to enter the UK and Islands with a particular category of permission e.g. employment.
Employed (Population Management)
- Working in Guernsey in any occupation whether full-time or part-time, and whether under a contract of employment or as a self-employed person from which remuneration or profit in money or money's worth is or may be directly or indirectly derived.
- a person engaged in an occupation under a contract of employment.
- a person responsible under a contract of employment for paying the remuneration of an employee.
- unless exemptions noted, includes paid and unpaid employment, paid or unpaid work placements undertaken as part of a course or period of study, self-employed and engaging in business or any professional activity.
- A Permit that allows a person to live in the Island because they are working for a specific employer in a specific job. These Permits are often time limited.
English speaking county
- a national of Antigua & Barbuda, Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamacia, New Zealand, St Kitts & Nevis, St Lucia, St Vincent & Grenadines, Trinadad & Tobago, or United States of America.
Exempt employed person
- If a person does not require immigration permissions is working in Guernsey for a non-Guernsey based employer, they will only require a Population Management Permit or Certificate if they exceed:
- (a) engaged in employment in a visit to Guernsey not exceeding 15 hours, and
- (b) whose employer is not resident at a time when the person concerned has been employed in Guernsey -
- i) on no more than ten days during the preceding 30 days, and
- (ii) on no more than 90 days during the preceding 12 months.
- If they require immigration permission, these limits may no longer apply.
- A person who completes a period of 8 consecutive years' ordinary residence in a Local Market dwelling and who is not (yet) a Permanent Resident. Established Resident status is lost upon a break in residence, other than under an agreed absence. Established Residents does not automatically confer the right to indefinite permission to remain in accordance with Immigration laws.
Extended Family Member
- A householder's (or the householder's spouse/partner's): sibling; great-grandchild; great-great-grandchild; nephew/niece; grand-nephew/niece; grandparent; great-grandparent; great-great-grandparent; uncle/aunt; great-uncle/aunt; or first cousin. Click here to show the family diagram. [423kb]
- If a person requires immigration permissions, please see the definition of 'Dependant Family Member'.
- Employment for at least 35 hours a week under a contract of employment.
Full-time household staff member
- a person in full-time employment related to the running of a household of a dwelling inscribed in Part A.
Full-time property staff member
- a person in full-time employment related to the running of a hotel, or residential home or nursing home, inscribed in Part B or Part C.
Guernsey (Population Management)
- Island of Guernsey and its territorial waters.
- A person who is not employed in Guernsey, and who is accommodated by a householder for a combined period of not more than 90 days in any 12 month period.
- Please also see 'Tourist'.
- If a person requires immigration permission, please also see 'Visitor'.
- A person who is at least 16 years of age and who is lawfully able to live in dwelling independently, and accommodate other people in that dwelling.
- The Human Rights Convention for the Protection of Human Rights and fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the Bailiwick of Guernsey.
Immediate Family Member
- A householder's: spouse/partner; child; parent; grandchild; father-in-law or mother-in-law. Click here to show the family diagram. [423kb]
- If a person requires immigration permissions, please see the definition of 'Dependant Family Member'.
Indefinite permission (leave) to Remain
- For the purpose of immigration, this is permission to enter and remain in the UK and Islands with no time restrictions. Indefinite permissions are said to be settled or hold 'settled status' in the UK and Islands. Indefinite permissions to Remain is also often referred to as permanent residence in the UK or Islands. Indefinite permission to remain does not confer the right to Established or Permanent Residency accordance with Population Management laws.
Local Market Dwelling/Property
- Any dwelling other than an Open Market dwelling.
- a person who occupies any part of a dwelling in circumstances where he is accommodated by, and that occupation is under the control of, the dwelling's householder.
- a person of a nationality that is not required to obtain permission to enter (visa) the Bailiwick as a holidaymaker / general visitor for a period of up to 6 months or is British/Irish, EU settled or pre-settled.
- A sub-set of Guernsey's housing stock that can be occupied by people who are not entitled to live in Local Market accommodation.
Open Market Dwelling/Property
- A dwelling inscribed in the Open Market Housing Register.
Open Market Resident
- A person who lawfully occupies an Open Market dwelling and who may not occupy a Local Market dwelling.
- A period of residence in Guernsey by a person who is:
- (a) living lawfully in Guernsey, and has their home in Guernsey, or
- (b) a minor living in Guernsey in the household of their parent.
- any country or territory that is outside the Common Travel Area
- The genetic mother or father, or where an adoption order has been made.
- The Part of the Open Market Housing Register relating to private family homes.
- The Part of the Open Market Housing Register relating to hotels.
- The Part of the Open Market Housing Register relating to nursing/residential homes.
- The Part of the Open Market Housing Register relating to houses of multiple occupation (HMOs)
- A person, meeting certain criteria relating to their period(s) of residence and/or ancestral connections to the Island, who has an enduring right to be a Local Market householder (if aged 16+) and to undertake employment in Guernsey. Immigration legislation will be applied as this does not confer the right of immigration 'settled status'.
- A document issued to a person who is not a householder and who has conditions attached to their ability to live in Guernsey.
Population Employment Advisory Panel (PEAP)
- A panel made up of six members and a Chairperson who represent the interests of all sectors of employment in Guernsey. PEAP members are appointed by the States of Deliberation on the recommendation of the Committee forHome Affairs.
- The PEAP is the channel through which information flows to and from the Committee forHome Affairs, via the Administrator of Population Management, about skills and manpower shortages in Guernsey. The PEAP will also provide information about emerging sectors, and emerging employer needs, so that the Island is well prepared to meet the needs of its current and future employers.The PEAP also provides periodic reports to the Committee forHome Affairs about the effectiveness of current Employment Permit policies.
Points based system
means the entry system referred to by that name for the time being in force in the United Kingdom.
- A person who has received a conditional offer of employment from a person.
- A person who has made a conditional offer of employment.
- any benefit paid by the States of Guernsey or Committee to any person who has not paid any contribution towards the receipt of such benefit.
Recognised Break in Residence
- A period of time during which a person is not resident in Guernsey that is of a duration equal to, or exceeding, that person's last period of residence in Guernsey.
- Residence in Guernsey, including living in Guernsey without occupying a dwelling.
Settled status (settlement)
- Also known as settlement, for Immigration purposes, a person is deemed settled after indefinite permissions have been granted in the UK or Islands, if ordinarily resident in the UK or Islands a person with no restriction on the amount of time that they may remain in the UK or Islands. A person is restricted on the time period spent outside the CTA and cannot be away from the Bailiwick of Guernsey for more than two years, or in the case of person that are holders of EU settled status no more than 5 years. Population Management legislation will be applied as this does not confer the right of established residency in Guernsey.
- The type of document that was issued to someone who qualified as a 'Permanent Resident' under the former Housing Control Law.
- This gives an individual the right to live and work anywhere in Guernsey, and can also leave the island for any duration and be able to return to Guernsey under the same conditions, as this document does not expire.
- Under the Population Management Law, this has been replaced by a Permanent Resident Certificate.
- a person (A) who is the genetic or adopted child of a person's (B) spouse or partner (C), and that when (A) first became a stepchild he was first resident in the island of Guernsey as a minor.
Total Aggregate Residence
- This is when all of an individuals residence in Guernsey is counted.
- A person living in Guernsey in tourist-registered accommodation or as a guest of a 'householder' (residing within their household) for a period not exceeding an aggregate of 90 days in any 12 month period, provided that they are not in employment in Guernsey.
- Please also see 'Guest'.
If a person requires immigration permission, please also see 'Visitor'.
Special rules that apply only to people resident in the Island; or on a mandatory break in residence under the Housing Control Law; or part way through a qualification period under the Housing Control Law; on the day the Population Management Law comes into force.
- People who always require entry clearance permissions (visa) to enter the UK and Islands, even for a short visit e.g., holiday, family visitor.
- a person living and working outside the Bailiwick of Guernsey who comes to the Bailiwick as a tourist. Persons who require immigration permissions to enter and do so as a visitor; cannot take employment or study, cannot receive private medical treatment, must not intend to marry and are not able to access public funds.