Answer ... Gibraltar employment law, under the principle statute the Employment Act 1932 (as amended) and Employment Regulations 1994, applies to all employees working in Gibraltar, regardless of their nationality. A foreign professional who is not an entitled worker will need a work permit and, potentially, a visa according to his or her nationality. Entitled workers are:
- European Economic Area (EEA) nationals;
- family members of EEA nationals;
- persons entitled to seek and take up employment in Gibraltar; and
- Swiss nationals.
Answer ... Access to talent has not been an issue with regard to novel industries such as fintech and remote gaming, particularly due to Gibraltar’s welcoming attitude to personnel with uncommon and specific skills and experience. Section 7(3) of the Employment Regulations, which regards the provision of work permits, showcase Gibraltar’s attitude towards immigration, whereby employers should first seek talent within the jurisdiction before outsourcing it from outside. Therefore, Gibraltar encourages access to talent from abroad while at the same time protecting the internal job market.
Gibraltar is also attractive to new businesses due to schemes such as Higher Executive Possessing Specialist Skills (HEPPS) regime. Those individuals who are granted HEPPS status have a special fiscal status in Gibraltar whereby their gross assessable income is capped at £120,000 per annum, which would result in a total tax liability of approximately £30,000.