Control of Housing
and Work (Residential and Employment Status) (Jersey) Regulations 2013
1 Interpretation
(1) In these
Regulations “Law” means the Control of Housing and Work
(Jersey) Law 2012.
(2) A person shall be
regarded as born in Jersey despite being born in a country or territory outside
Jersey if –
(a) at
the time of the birth a parent of the child is regarded for the purposes of the
Law as being ordinarily and continuously resident in Jersey (whether or not the
parent is in Jersey at the time of the birth); and
(b) the
child and parent described in sub-paragraph (a) are both ordinarily and
continuously resident in Jersey immediately following a period of care related
to the birth.
(3) A reference to a child
of a person in these Regulations is not confined to a person below school
leaving age.
2 Conditions
for Entitled status and loss of status
(1) A person who satisfies
any of the conditions set out in sub-paragraphs (a) to (f) of this
paragraph shall have Entitled status –
(a) the
person was born in Jersey and has been ordinarily resident in Jersey for a
period, or aggregate periods, of at least 10 years;
(b) the
person was not born in Jersey and has been ordinarily resident in Jersey for a
continuous period of at least 10 years;
(c) the
person –
(i) was not born in
Jersey,
(ii) arrived
in Jersey before attaining the age of 20,
(iii) has
been ordinarily resident in Jersey for a period, or aggregate periods, of at
least 10 years on or before attaining the age of 40, and
(iv) is
the child of a parent who was Entitled on the date at which the person
completed the period or aggregate periods of 10 years ordinary residence
referred to in clause (iii);
(d) the
person –
(i) was not born in
Jersey, and
(ii) has
been ordinarily resident in Jersey for a continuous period of at least
10 years commencing before the person attained the age of 16;
(e) the
person –
(i) has been granted
Entitled status by the Minister on the ground that the Housing and Work
Advisory Group is satisfied that such grant is justified –
(A) on social
or economic grounds or both, and
(B) as
being in the best interests of the community, and
(ii) the
person satisfies any condition to which the grant of such status is subject
under paragraph (2);
(f) the
person –
(i) has been granted
Entitled status by the Minister on the ground that the Minister is satisfied
that the hardship (other than solely financial hardship) which would be caused
to the person or to any individual ordinarily resident in Jersey if the person
were not granted Entitled status outweighs the fact that the person does not
meet any other condition in this paragraph, and
(ii) the
person satisfies any condition to which the grant of such status is subject
under paragraph (2A).[1]
(2) The Minister may grant
Entitled status under paragraph (1)(e) subject to such conditions as the
Housing and Work Advisory Group thinks fit.[2]
(2A) The Minister may grant Entitled
status under paragraph (1)(f) subject to such conditions as the Minister thinks
fit.[3]
(2B) Without prejudice to the generality
of conditions which may be imposed under paragraph (2) or (2A), conditions may
include limiting the period for which consent is granted or specifying the unit
of dwelling accommodation occupied or to be occupied.[4]
(3) Any condition subject
to which a person is granted Entitled status under paragraph (2) may be amended
on such terms as the person and the Housing and Work Advisory Group may agree.[5]
(3A) Any condition subject to which a
person is granted Entitled status under paragraph (2A) may be amended on such
terms as the person and the Minister may agree.[6]
(4) A person has permanent
Entitled status if –
(a) the
person has had a continuous period of ordinary residence in Jersey of at least
30 years; or
(b) the
person has Entitled status by virtue of paragraph (1)(a), (c) or (d).
(5) Where a person who has
Entitled status by virtue of paragraph (1)(e) also qualifies for Entitled
status by virtue of any other sub-paragraph of paragraph (1) –
(a) that
person may, on giving notice in writing to the Minister, elect to have Entitled
status by virtue of such other paragraph; and
(b) upon
giving such notice the person’s Entitled status by virtue of paragraph (1)(e)
shall cease.
(6) Except in relation to a
person who has Permanent Entitled status under paragraph (4), a person
loses Entitled status if either of the following applies to that
person –
(a) the
person, since gaining Entitled status, has been absent from Jersey for a period
or aggregate periods exceeding 5 years and was not ordinarily resident in
Jersey during those periods of absence; or
(b) the
person has Entitled status under paragraph (1)(e) or (f) and has
breached any condition subject to which that status was granted.
(7) In this Regulation
“child” includes a child adopted in pursuance of an adoption order
made by a court of competent jurisdiction in the British Islands or elsewhere.
3 Conditions
for Licensed status and loss of status
(1) A person has Licensed
status if –
(a) the
person works or is appointed to do work in or for an undertaking, such work
being the same or substantially the same as work falling within a description
of work specified by the Minister for the purposes of Article 27(1)(b) of
the Law in respect of that undertaking (including work that is deemed to be
work of a description that may be done by Licensed persons under Regulations
made under Article 52 of the Law);
(b) the
person is subject to a condition imposed by the undertaking in or for whom the
person works that he or she has Licensed status whilst doing work described in
sub-paragraph (a);
(c) the
person satisfies –
(i) any condition to
which the person’s Licensed status is subject under paragraph (2),
and
(ii) any
condition imposed by the Minister under Article 26(5) or 27(2) of the
Law as a condition of a business licence, such condition being applicable to
the person; and
(d) the
person does not have Entitled status.
(2) The Minister may, for
the purposes of paragraph (1)(c), make the Licensed status of a particular
person subject to such conditions as the Minister thinks fit.
(3) A person loses Licensed
status if –
(a) paragraph (1)(a)
or (1)(b) no longer apply to that person;
(b) the
person breaches any condition described in paragraph (1)(c); or
(c) the
person has Entitled status,
whichever happens first.
4 Conditions
for Entitled for Work Only status and loss of status
(1) A person has Entitled
for Work Only status if the person –
(a) satisfies
any of the conditions in paragraph (2);
(b) does
not have Entitled status or Licensed status; and
(c) has
not lost Entitled for Work Only status under paragraph (3).
(2) Those conditions are
that –
(a) the
person has had a continuous period of ordinary residence in Jersey for
5 years or more immediately before that person is, at any time, required
to have a registration card under the Law or could make an application for such
a card under that Law;
(b) the
person is a spouse, civil partner or eligible partner of a person with Entitled
status, Licensed status or Entitled for Work Only status;
(c) the
person has had a continuous period of ordinary residence in Jersey for no more
than 5 years following –
(i) the person’s
divorce from a person with Entitled status, Licensed status or Entitled for
Work Only status, or
(ii) the
dissolution of a civil partnership, or breakdown of an enduring relationship,
between the person and a person with Entitled status, Licensed status or
Entitled for Work Only status;
(d) the
person has had a continuous period of ordinary residence in Jersey for no more
than 5 years following the death of the person’s spouse, civil
partner or eligible partner, such spouse or partner having been a person with
Entitled status, Licensed status or Entitled for Work Only status;
or
(e) the
person immediately before attaining the age of 16 years worked in or
for an undertaking and continues to work in or for such an undertaking
immediately after attaining that age.[7]
(3) A person who has
Entitled for Work Only status under paragraph (2)(e) loses that status on
the date that is immediately before the date that the person starts new work
within the meaning of Article 24 of the Law.
(4) In this
Regulation –
“eligible partner” means a person, other than a spouse
or civil partner, who –
(a) lives;
or
(b) in a
case where either paragraph (2)(c) or (2)(d) applies, has lived,
as a partner in an enduring relationship; and
“enduring relationship” means a relationship
which –
(a) is
similar to a marriage or civil partnership; and
(b) has
existed, without breaking down, for a continuous period of at least
2 years.[8]
5 Conditions
for Registered status
(1) A person has Registered
status if the person has been ordinarily resident in Jersey for a continuous
period of 3 months or more immediately before the person applies for a
registration card or could make such an application under the Law or expects to
be so resident at the time of such an application and does not have any of the
following –
(a) Entitled
status;
(b) Licensed
status; or
(c) Entitled
for Work Only status.
(2) Temporary
absences from Jersey shall be disregarded in determining whether a person has
been continuously resident for 3 months for the purposes of this
Regulation provided the majority of that time is spent in Jersey.
6 Citation
These Regulations may be cited as the Control of Housing and Work
(Residential and Employment Status) (Jersey) Regulations 2013.