Control of Housing
and Work (Residential and Employment Status) (Jersey) Regulations 2013
Made 6th March 2013
Coming into force in
accordance with Regulation 6
THE STATES, in pursuance of Articles 2 and 44 of the Control of Housing and
Work (Jersey) Law 2012[1], have made the following
Regulations –
1 Interpretation
(1) In
these Regulations “Law” means the Control of Housing and Work (Jersey)
Law 2012[2].
(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 Minister 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 (2).
(2) The
Minister may grant Entitled status for the purpose of paragraph (1)(e)
or (1)(f) subject to such conditions as he or she thinks fit, including,
without prejudice to the generality of the foregoing, any conditions limiting
the period for which consent is granted or specifying the unit of dwelling accommodation
occupied or to be occupied.
(3) Any
conditions subject to which a person is granted Entitled status under
paragraph (2) may be amended by the Minister with the agreement of the
person.
(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 or civil partner of a person with Entitled status, Licensed
status or Entitled for Work Only status;
(c) not
more than 5 years have elapsed following the person’s divorce from,
or dissolution of a civil partnership with, a person with Entitled status,
Licensed status or Entitled for Work Only status and the first mentioned person
has remained continuously and ordinarily resident in Jersey since the divorce
or dissolution;
(d) not
more than 5 years have elapsed following the death of a person’s
spouse or civil partner, such spouse or civil partner having been a person with
Entitled status, Licensed status or Entitled for Work Only status and the first
mentioned person has remained continuously and ordinarily resident in Jersey
since the death; 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.
(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.
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
and commencement
These Regulations may be cited as the Control of Housing and Work
(Residential and Employment Status) (Jersey) Regulations 2013 and shall
come into force on the same date as the Control of Housing and Work (Jersey)
Law 2012[3] comes into force.
a.h. harris
Deputy Greffier of the States