BRIEFING
Guernsey Population Control Proposals:
Managing the size and make-up of the Island's
population
JULY 2013
On 26, 27 and 28 June 2013, the States of
Guernsey debated the Billet D'Etat No XI
2013 dated 10 May 2013, having regard to the
Report prepared by the Policy Council dated
29 April 2013. There has been significant public
consultation and much debate about the
future of the Guernsey's population control
and the States have reinforced that the future
of Guernsey lies not in 'housing' control but
'population' control and that such control needs
to be flexible, transparent and responsive to the
Island's needs.
A brief summary of the highlights of the
Resolutions agreed by the States of Guernsey on
28 June 2013 is as follows:
Long Term Residency
Individuals who live continuously and lawfully
in local market property for eight years will be
issued with an Established Residence Permit.
Such individuals will be entitled to live on the
Island permanently but will lose that right should
they be absent from the Island for a period of
time (yet to be defined); and
Individuals who live continuously and lawfully in
local market property for 14 years will be issued
with an Permanent Residence Permit. Such
individuals will be entitled to live on the Island
permanently and will have an automatic right to
return to the Island after any period of absence;
Existing Qualified Residents
All existing Qualified Residents who wish to work
in Guernsey will be required/entitled to obtain a
Permanent Residents Permit.
Any time spent by a local resident and his
family out of the Island with HM Forces will be
considered as having lived "continuously" in
Guernsey for the period of such absence.
Employment Permits
There will be three types of employment
permits that all individuals wishing to work in
Guernsey will need to hold:
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This briefing is only
intended to give a
summary and general
overview of the subject
matter. It is not intended
to be comprehensive and
does not constitute, and
should not be taken to be,
legal advice. If you would
like legal advice or further
information on any issue
raised by this briefing,
please contact one of your
usual Mourant Ozannes
contacts.
Contact:
Carly Parrott
Senior Associate, Guernsey
For contact details,
please see the end of this
briefing.
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i.
Long Term Employment Permits will be
issued to individuals for periods of up
to eight years to address persistent and
enduring skills shortage where it is unlikely
that those skills will be easily sourced
locally in the foreseeable future or where
continuity in the post is in the Islands
best interests. This is largely the same
justification required for the current 15 year
"essential" housing licence;
ii. Medium Term Employment Permits will be
issued to individuals for periods of up to five
years where a post requires specific skills
that are not currently available locally, but
will likely be available locally in the future or
where there are insufficient people locally
to meet local requirements. Again, this
largely mimics the current justifications for
"essential" housing licences up to five years;
and
iii. Short Term Employment Permits will be
issued to individuals for periods of up to
one year where the role may be unskilled
but there is a need for additional manpower
which cannot be sourced locally.
Similarly to the current regime, an individual
must obtain an Employment Permit before
entering the Island to work and holders of
Employment Permits are able to change jobs
during the life of the permit, subject to the new
position also attracting an Employment Permit.
The proposed law is intended to include
provisions that will enable the States to
impose maximum mage limits on applicant
for Employment Permits. In the event that age
discrimination is introduced into Guernsey,
should the States ever introduce such
restrictions, they will need to objectively justify
those age restrictions as meeting a legitimate
policy aim.
Any holder of an Employment Permit must be
absent from the Island for at least the period
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Guernsey again. For example, if an individual is
granted a five year Medium Term Employment
Permit, he or she must be absent from the
Island for at least five years before they will be
eligible to apply for a further licence. Potentially
problematically for the hospitality industry,
the same restriction is intended to apply to
successive Short-Term Employment Permits
holders, who under the nine month current
short-term licence scheme need only be
absent from the Island for three months before
returning to Guernsey – must now be absent
from the Island for up to one year before they
can return to work in the Island.
Resident Permits – Family Connections
Immediate family members (spouse/
partner, parents/parents in law, children
and grandchildren) of Qualified Residents,
Permanent Residents, holders of Established
Residence Permits and Long-term or Medium
Term Employment Permits will be able to live
with the relevant licence holder. Such individuals
will, however, be required to obtain a Residence
Permit – which will assist the States in knowing
how many people are actually living on the
Island and managing its population.
Similarly to the situation involving short-term
licence holders, immediate family members
of Short Term Employment Permits will not
be permitted to live with the relevant licence
holder.
Open Market
It is intended that the existing open market
will be retained in its current form with the
main changes being proposed to what is
currently classified as Part D Open Market
Dwellings which will be redefined as Houses
in Multiple Occupation. Properties registered
on Part D of the register will be redefined to
include all current Part D properties, plus all
Part A properties in use for multiple occupation
by unrelated adults. The number of Part D
properties is proposed to be capped at current
levels (having regard to the existing Part D
properties and eligible Part A properties) and
after 28 June 2013, it will not be possible for
any Part A properties to be converted to Part
D properties unless the property was already
in use for the multiple occupation of unrelated
adults.
All adult individuals living in open market
properties will be required to obtain an
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Open Market Residence Permit. Any person
with an Open Market Residence Permit will
be prevented from living in local market
accommodation.
The maximum period that any individual holding
an Open Market Residence Permit is five years
after which time they are required to leave the
Island and may not return to live until such time
as they have spent as long out of the Island as
they spent in the Island.
Restrictions on where individuals can live
It is intended that whilst Short Term Permit
Holders cannot be house-holders in their
own right (ie they must live in Part D Open
Market properties), the States will have the
power (although perhaps not initially) to place
restrictions on the types of property that Long
Term and Medium Term Permit holders may
reside.
Criminal Convictions
The new law will make it mandatory for all
individuals applying for any type of Permit will
be subject to a criminal records check and that
permits already granted may be revoked if an
individual is found guilty of a criminal offence
that his or her continued residence would be
regarded as being against the public interest.
Miscellaneous
The day to day administration of the population
control management functions will be
delegated to a specific statutory body set up to
make decisions in accordance with the States
policy;
Individuals will have the right to appeal any
decision made by the States against any
decision taken under the law;
The Housing (Control of Occupation)
(Guernsey) Laws, 1994 to 2008 will be amended
by Ordinance and extended until 31 December
2018 (unless replaced earlier by new population
control laws); and
It is intended that there will be further debate
and recommendations as part of the drafting
of appropriate legislation to give effect to the
recommendations of the States as summarised
above.
Contact:
Carly Parrott, Senior Associate, Guernsey
+44 1481 731 430
carly.parrott@mourantozannes.com
JULY 2013