Work permits exist as a means to protect the Isle of Man working population by allowing employers to employ individuals who are not Manx workers, providing that there are no suitable Isle of Man workers available to fill those specific roles.
In order to take up employment or self-employment in the Isle of Man, anyone who is not an Isle of Man worker must obtain a work permit, although some types of employment are exempt.
An Isle of Man worker is defined as an individual who:
- Was born in the Isle of Man;
- Has been ordinarily resident in the Isle of Man, at any time, for an unbroken period of at least 5 years;
- Is the spouse or civil partner of an Isle of Man worker, and
- Has either –
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- The right to live in the Island under the Immigration Act 1971 (an Act of Parliament of the UK) (the "IA 1971"),
- Indefinite leave to enter or remain in the Island under the IA 1971, or
- The right to reside in the Island due to any retained EU entitlements.
- The former spouse or civil partner ("the Former Partner"):-
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- Of a person who during their marriage or civil partnership was an Isle of Man worker;
- The Former Partner has died terminating the marriage or civil partnership;
- The spouse or civil partner was ordinarily resident in the Island immediately prior to the death of the Former Partner; and
- Since the death of the Former Partner, the widow/widower or survivor of the civil partnership has been ordinarily resident in the Island.
- A person is an Isle of Man worker if -
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- They were formerly the spouse or civil partner of the Former Partner who was during the marriage or civil partnership an Isle of Man worker;
- They and the Former Partner lived together for an unbroken period of 3 years after the marriage or the formation of the civil partnership;
- The marriage or civil partnership was terminated by divorce, dissolution or annulment;
- Immediately before the termination they were ordinarily resident in the Island; and
- They have since the termination been ordinarily resident in the Island.
- A person is an Isle of Man worker if they are a child of a person who:-
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- Is an Isle of Man worker, or was an Isle of Man worker immediately before the date of the parent(s) death; and
- At the time of the child's birth, was serving, or married to or was the civil partner of a person serving in the armed forces of the Crown.
- A person is an Isle of Man worker if they are a child of a person who:-
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- Was born in the Island, and
- Was ordinarily resident in the Island for an unbroken period of at least 5 years immediately following the birth.
- A person is an Isle of Man worker if he or she is the grandchild of a person who –
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- Was born in the Island, and
- Was ordinarily resident in the Island for an unbroken period of at least 5 years immediately following the birth.
- A person is an Isle of Man worker if he or she –
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- was for an unbroken period of at least 12 months ―
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- under 23 years of age,
- ordinarily resident in the Island, and
- receiving full-time education (disregarding ordinary school or college holidays and absences because of sickness), whether in the Island or elsewhere;
- Has since the end of that period been ordinarily resident in the Island; and
- Is the child of a person who during the whole of that period was –
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- an Isle of Man worker;
- engaged otherwise than temporarily in regular full-time employment; or
- the holder of a work permit.
An application must be made by the employer to employ a non Isle of Man worker to fill a specific job role or class of employment that is not the subject of an exemption. In the case of a self-employed person, the responsibility to apply for a work permit lies with that person. Where successful, the permit will be granted for a specified employment and period. An application for renewal can be made if necessary. It is an offence for a non-Isle of Man worker to begin work without a permit, and a new permit is required for any change in employment or employer.
Exemptions
Work permits are not required in any of the following cases (please note this list is not exhaustive):
- Employment as the Chief Constable, a member of the Isle of Man constabulary, employment in the service of the Crown, Chief Fire Officer, Judicial Officers, Chairman or members of any commission or tribunal of enquiry, an arbitrator, counsel or solicitor to a party in proceedings in the Isle of Man (though they cannot appear before the court without a Temporary Advocates License), a Minister of Religion, a registered dentist; a registered doctor; registered Health Care Professionals1; teachers in secondary schools, social workers or employment in a diplomatic or consular capacity.
- Employment in a vessel or aircraft2
- Employment in Information and Communication Technologies (ICT), and e-business3
- Self-employment of a purely cultural nature
- An officer of an international group in charge of the group's activities in the Island
- Temporary employment for not more than three days. While the three-day exemption period covers all types of employment it may not be used to cover the first three days of employment of a non temporary nature. Separate periods of connected employment of less than three days are added together, and where the total exceeds three days a permit will be required
- Employment by a branch or subsidiary being established in the Island of a business carried on elsewhere, or in a business being relocated in the Island or elsewhere
- Employment in an Isle of Man incorporated company which is a member of an international group for up to 48 days a year (when that employee is mainly employed outside the Island)
- Non-resident, non-executive directors who visit the Island for not more than three days in a calendar month, e.g. for the intention to attend board meetings.
- Employment in any capacity up to 48 day a year for work in the Island is to undergo instruction or training for the purpose of a business, public authority or voluntary organization
- Employment in any capacity up to 48 day a year in connection with the supply of goods and services by a business in the Island to that person's employer, or in the case of a self-employed person, to that person.
- Employment for a period or periods not exceeding 30 days in the aggregate in any year in connection with the supply, installation, maintenance and repair of specialist plant, machinery or equipment, or training in its use, where the necessary expertise or service is not available in the Island.
- Employment in any capacity up to 48 day a year in connection with:-
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- Carrying out disaster recovery
- Transporting goods to a business in the Island from a business or undertaking established outside the Island
- Driving a commercial passenger vehicle registered outside the Island, adopted to carry more than 8 passengers in addition to the driver
- Being a director, producer, singer, dancer, musician or production crew connected to any theatrical or musical performance in the Island
- Employment for a period or periods not exceeding 30 days in the aggregate in any year:-
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- As an accredited representative of —
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- the publisher of a newspaper or other journal, or
- the provider of a programme service, carrying on business outside the Island, for the purpose of reporting on events of public interest.
- in organising a conference:-
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- in the Island, or
- where the work done in the Island consists only of attending or participating in a conference in the Island.
- as a representative or an official of an international organisation.
Permit requirements for non-Isle of Man workers
The permit requirements for non-Isle of Man workers vary depending on a number of factors.
UK and Non Exempt EEA Nationals
Subject to the above UK, and Exempt EEA Nationals require a work permit.
The factors that are taken into consideration when deciding whether to grant a work permit include the availability of suitable Isle of Man workers, and whether the post has been advertised in a way that allows Isle of Man workers the opportunity to apply.
Non Exempt EEA and Overseas Nationals
Non-exempt EEA and overseas nationals require permission to work under separate immigration control visas under the Isle of Man Immigration Rules.
Spouses
Spouses of non-Isle of Man workers are automatically entitled to a work permit, which is valid for one year if a permit is granted to their partner. This permit is renewable annually provided that the principle permit holder continues in employment.
Cohabiting partner of Isle of Man worker
A cohabiting partner of Isle of Man worker is also entitled to obtain a work permit providing they are living together at date the work permit application is made, and the parties intend to continue to live together as cohabiting partners and the applicant properly completes the relevant form.
The work permit is granted or renewed for a period of 12 months, or 6 months from the date the partners cease to live together as cohabiting partners.
Revocation and renewal of permits
An application for renewal can be made by the Employer or by a self-employed person should circumstances necessitate it. Applications for renewal must be made not less than 28 days before the existing permit expires, along with the relevant fee.
Any person aggrieved by refusal or revocation of a work permit may appeal to the Work Permit Appeal Tribunal.
Simcocks
Simcocks has one of the largest and strongest Employment teams in the Isle of Man and is a market leader in the field.
Employment is a fast paced area of law and the team recognises the importance of keeping clients abreast of changes. The Simcocks employment team is highly experienced and responsive with a strong client base. Clients range from multi-nationals to small companies and private individuals. This range allows us to think more laterally as to the solutions we provide. We advise on the full range of employment issues both contentious and non-contentious and have represented a number of employers at the Appeal Tribunal.
In recent times there has been a raft of changes which has brought the Isle of Man in line with UK Immigration Legislation.
For Non Exempt EEA and Overseas Nationals, a points based system of work permits has been introduced in the Isle of Man replacing the previous overseas labour scheme. As a result of such changes, Simcocks has seen an increase in the number of immigration matters and referrals it has dealt with.
Footnotes
1. Medical professional within the meaning of the Health Care Professionals Act 2014
2. Conditions apply to this category of employment.
3. Limited to employment of at least 12 months duration with a basic salary of not less than £25,000 per annum holding a degree in computer science, a technical or vocational qualification at level 5 of the regulated Qualifications Framework or Equivalent, or can demonstrated competency at Level 5 or above of the Skills Framework for the Information Age. (NB different criteria apply to E-Business employment roles)
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.