Please find below policies that the Committee for Home Affairs have introduced as a support measure to businesses in Guernsey as a response to Brexit and COVID-19 pandemic.
This has been a difficult year for many businesses. The ongoing impact of travel restrictions, combined with the uncertainty surrounding Brexit, makes planning for the future a challenge. The Committee recognises the important role it can play by ensuring the policies under its control support industry.
**These Business Support Policies are scheduled to be reviewed during quarter 4 of 2022**
Seasonal Employment Permit/Short Term Employment Permit (9 months on, 3 months off) extension policy
- Any Seasonal Employment Permit/Short Term Employment Permit holder working on a '9 month on, 3 month off' working pattern who will reach the expiry of their Permit (9 month limit) before 31st December 2022 does not have to leave the island for their 3 month break away from Guernsey.
- The Seasonal Employment Permit/Short Term Employment Permit holder or their employer is able to email to request a Discretionary Resident Permit (temporary document) from the Population Management Office. The Discretionary Resident Permit would be issued for a period of 3 months, which will be treated as 'off-island' residence for the purposes of the Population Management Law. This means that the Permit holder will not lose their eligibility to undertake '9 month on, 3 month off' working pattern.
- The Permit holder will continue to be conditional on working within the same role for the same employer during this period, as they were on their previous Seasonal Employment Permit/Short Term Employment Permit.
- Upon expiry of this Discretionary Resident Permit, the Permit holder's employer can apply for a further 9 month Short Term Employment Permit (now called a Seasonal Employment Permit), with the expectation that the Permit holder will take their 3 month break away from Guernsey on expiry of this new Seasonal Employment Permit.
- The Committee for Home Affairs recently extended this policy to cover anyone reaching their 9 month limit on their Seasonal Employment Permit/9 month Short Term Employment Permit on or before 31st December 2022.
- Anyone reaching their 9 month limit after the 31st December 2022 is currently expected to take their 3 month break away from Guernsey.
Employment Permit 'Extension' Policy
- The Committee forHome Affairs have recently reviewed the Employment Permit 'extension' policies available to employers and it has been agreed to extend these policies through until 31st December 2022, as a commitment to support businesses in Guernsey. These policies allow the grant of a Discretionary Resident Permit.
- Under the Population Management Law, an individual can only hold a:
- Short Term Employment Permit (STEP) - until they reach an total aggregate (combined period) residence of 5 years in Guernsey.
- Medium Term Employment Permit (MTEP) - until they reach 5 consecutive years of residence in Guernsey.
- Open Market HMO Resident Permit (Part D) (OMHMORP) - until they reach 5 consecutive years of residence in Guernsey.
- Anyone who holds a Short Term Employment Permit (STEP), Discretionary Resident Permit - Short Term Employment (DRP-STE), Medium Term Employment Permit (MTEP) or Open Market HMO Resident Permit (Part D) (OMHMORP) who has reached their limit (e.g. 5 year limit) on or before 31st December 2022 (which means they can no longer hold these types of Permit), may be able to hold a further 12 month Discretionary Resident Permit to continue working in Guernsey.
- For Open Market HMO Resident Permit (Part D) holders who have reached their 5 year limit, they should only expect to be granted a Discretionary Resident Permit under this policy if their job role is found within the Employment Permit Policy. [781kb]
- Please note an Employment Permit application can only be made by an employer at their discretion.
- To apply for a Permit under this policy, the employer simply makes an online application for a 'Short Term Employment Permit', through their existing Population Portal account. This type of Permit can only be issued for up to 12 months. For administrative reasons the Permit is issued as a Discretionary Resident Permit.
- Medium Term Employment Permit holders eligible for this policy will still be considered householders, and will continue to be able to accommodate their immediate family members. [423kb] Their immediate family members will need to re-apply for a Family Member Resident Permit through their online Population Portal account.
Seasonal/Short Term Employment Permit - Fee Exemption
- The Committee for Home Affairs recognise the recruitment challenges many businesses currently face. To further support businesses a temporary fee exemption has been introduced which is detailed below.
- Any Seasonal or Short Term Employment Permit application that was made after 7th October 2021 for someone who is new to Guernsey (no previous residence in the island), the Committee for Home Affairs have agreed to waive the application fee* of £120 for this type of application.
- This fee exemption is now automated as part of the Seasonal/Short Term Employment Permit online application.
- This fee exemption will remain in place until 31st December 2022.
- *Please note that the fee exemption only covers the administration fee and late surcharges still apply.