Jersey: I Am Not A... Letter?

The Control of Housing and Work (Jersey) Law 2012 will shortly be brought into force and this will mean a change in the rules on residency, with the aim of making them clearer and fairer.

We will no longer be designated a letter of the alphabet, no longer will we proudly declare we are 1(1)(a), (j) even (k), no one will hang their heads in shame at being non-qualified : from now on we will all fall into one of four categories: "entitled", "licensed", "entitled for work only" or "registered". Every one of us living in Jersey will fall into one of the categories.

Within three months of arriving in the Island a person must register with the Population Office and hold a registration card. Anyone who is already living in Jersey will have their registration card triggered when they move job or property.

Until that person has been continuously resident for 5 years they are classed as "registered". There are restrictions on where they can work as employers will be limited to the number of "registered" employees they can employ. A person holding registered status is the equivalent to non-qualified status under the current Regulation of Undertakings Law with the same restrictions on access to employment. In addition, registered persons (like 'entitled for work only' persons, which are discussed below) will only be able to occupy residential accommodation which is classed as "registered".

Certain categories of resident, including those who have met the ten year continuous residency requirement, are simply classed as "entitled". An "entitled" person may purchase or lease a residential property, they may start up a business or work for any employer without restriction.

However depending upon how a person becomes "entitled" they can either be permanently entitled or in certain circumstances they can lose their entitled status.

There is no change for a Jersey born resident who has completed ten years' aggregate residency as they will be permanently entitled and cannot have their entitled status taken away however long they leave Jersey for.

However the new law introduces protection for a non-Jersey born resident who arrived in Jersey before their 16th birthday and has completed a continuous period of ten years' residency, as they will become permanently entitled. Similarly a person will be permanently entitled if they arrived in Jersey before their 20th birthday and complete 10 years' aggregate residency before their 40th birthday.

Anyone who has had their residential status granted as a result of a 'hardship application' will be classed as "entitled" but will remain subject to whatever conditions the Chief Minister imposed when granting them permission.

As was the case under the 1970 Housing Regulations, a non-Jersey born person, who arrived in the Island as an adult and completed ten years' residency will be classed as entitled. However the circumstances under which they can lose their residential status have changed. Now an aggregate of absences totalling more than five years will lead to the loss of "entitled" status.

Before an absence counts towards the five year period it must be longer than three months and so normal holidays will not cause you to lose your "entitled" status. Once a person has thirty years' residency they will become permanently entitled regardless of future periods of absence from Jersey : they have shown a significant level of commitment and association with the Island and are rewarded with their entitled status being made permanent.

A "licensed" employee is the equivalent of a J category employee. They must be essentially employed and their employer must hold the appropriate business licence confirming they may employ them; employers will now be given licensed permissions based on particular descriptions of permitted work, rather than by reference to named individuals, allowing the employer to allocate the permissions as it thinks fit. Subject to any restrictions imposed by the Minister, a licensed employee may lease property or may buy a property in their own name and live in it whilst they continue to be employed by that employer. The Housing Minister has the power to put any other conditions onto a licensed person's occupation of any property. If a person loses their employment or is no longer licensed then they must vacate the property and if they own it they must sell it. Once a licensed person has lived here for ten years they will gain entitled status and can continue to reside in their existing property. A person is "entitled to work only" if they have been continuously resident in Jersey for a period of 5 years. They can also be classed as entitled to work if they are married to someone who is classed as entitled, licensed, or is entitled to work. Being "entitled to work only", as the name suggests, means they are entitled to work but it does not grant the ability to purchase property.

However, like registered persons, they may rent property which is classed as registered.

It is hoped the new Law will simplify the way residents are entitled to live and work in Jersey. With the removal of the alphabetical classification it will no longer be obvious how a person has qualified to live here.

Originally published in Homelife and Places, March 2013

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Mondaq Advice Centre (MACs)
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.