Population management update
CIPD Guernsey population management update
Published on: Mar 4, 2016
Transcripts - Population management update
Population Management Update
As the advent of the new population management regime moves ever closer to
replacing the current housing licence system, one of the key priorities for the
Guernsey CIPD Branch is to support its members as well as the wider business
community through the transition. This was one of the reasons why we recently
hosted two consultation sessions with the States of Guernsey over the reforms at
which senior HR and business leaders were able to raise their views on the
Whilst there remains a significant amount of detail to be finalised, increasingly more
and more information is emerging. Therefore, as a Committee, we thought now
might be the right time to provide our membership with an update on the latest
position on the reforms to allow you to begin to plan for the future.
Is this just the same system with a new name?
No, this is a completely new system based on population management rather than
the occupation of dwellings and is not just a case of rebadging the existing regime.
Whilst this will no doubt take some getting used to for all, it is to be hoped that with
the new system at least some of the current difficulties will be become a thing of the
How long will someone have to stay on Island to become a resident?
The new system will have two thresholds individuals will need to reach in order to
The first threshold will be 8 years residence in Local Market property after
which point individuals will be categorised as Established Residents,
Thereafter they can generally remain in Guernsey, but do not have an
automatic right to return if they leave; and
The second threshold will be 14 years residence Local Market property after
which point individuals will be categorised as Permanent Residents.
Thereafter not only can individuals remain in Guernsey, they can also leave
and return at a later date and keep their residency status. Anyone who is a
Qualified Resident under the current regime will generally convert to
becoming a Permanent Resident.
How will the system of employment permits operate?
There will now be a three tier system of employment permits:
Long Term Employment Permits will be issued for a period of 8 years to
address persistent and enduring skills shortages where it is unlikely that those
skills will be easily sourced, either in the Island or globally, in the foreseeable
future or where continuity in the post in the longer term is in the Island’s
Medium Term Employment Permits will be issued for a period of up to 5
years in circumstances where:
a post requires specific skills which are not available in the Island, but
where that skills shortage is likely to be able to be met in the foreseeable
the skills required are held by Qualified Residents and Residence Permit
holders, but the number of people resident in the Island with those skills is
insufficient to fill the total number of posts requiring a similar or identical
Short Term Employment Permits will be issued for a period of up to 1 year
to fill posts where there is not a need for a high level of skill, but where there
is a need for additional manpower over and above that which can be sourced
from within the Island. They can be re-issued to the same individual, subject
to a maximum aggregate period of 5 years residence.
Does that mean staff on Short Term Employment Permits can stay all year
Yes. This is one of the key differences of the regime, in that the current system for
short term housing licences being issued for a maximum 9 months only for example,
will no longer apply. Accordingly, subject to the permit being renewed, not only can
staff stay all year round, they can also now stay for up to 5 years which will hopefully
bring greater stability for some employers.
How do the rules apply to staff that have worked in Guernsey in the past?
With the exception of successive Short Term Employment permits, an individual
must take a recognised break in residence before that individual will be eligible to
obtain an Employment Permit for a subsequent period of residence; that a
recognised break in residence must be at least equal to the duration of an
individual’s last period of residence in the Island.
Where can staff on short term employment permits live?
Staff on Short Term Employment Permit holders will not be permitted to be
householders in their own right. This means that they will only be permitted to live in
accommodation that is shared with others.
What about staff on long and medium term employment permits?
As part of the new regime the current TRP system will be abolished, meaning staff
with Long Term and Medium Term Permits may live anywhere. There will be
provision within the new law which allow the States to introduce restrictions in the
future if there is an identified and proven need to do so.
When will the new law come into force?
No date has yet been finalised for the introduction of the new law, although it is
currently anticipated that this is likely to be 1 January 2017.
Who will decide whether there is a need for particular types of worker?
The ultimate decision on this will rest with the newly formed Home Affairs
Department, however, as part of the new system a Population Advisory Panel will
be formed who will provide the States with regular information on those sectors of
the economy in which:
there are persistent shortages of labour with skills required by the relevant
some labour with appropriate skills exist, but not in sufficient numbers to meet the
demand for such skills in the relevant sectors, and
there are shortages of labour that do not require particular skills.
The Panel will also provide independent advice and evidence-based
recommendations to the States on matters that are relevant to employment-related
population management policies and will be required to provide a monitoring report
every six months.
How will the Population Advisory Panel be constituted?
The Panel will be made up of a Chairman and six ordinary members. The
Chairman and members shall serve a four year term of office, but this will be
staggered so that three are replaced every 2 years, which means that, of the
original Members, two will have to be appointed for only 2 years.
How will I know what kinds of worker are permitted?
It is intended that the States will publish reports periodically which sets out those
roles and/or skills where there is an identified shortage. It is hoped that the new
system will deliver a far greater level of transparency, meaning employers should
know in advance what types of worker will be granted a permit. In addition, it will
also go some way to dispel many of the myths and preconceptions which people still
have about the current housing licence system.
How will transition to the new system work?
For the vast majority of employers the transition will be a relatively painless process,
as all housing licences will remain valid until they expire. For those on 5 year
essential employment licences, that will mean they will need to leave the island
unless they are granted a Long Term Employment Permit under the new system.
The position for staff currently on short term licences is more complicated, but
employers should be able for a Short Term Employment Permit for 1 year, which is
annually renewable, subject to an overall maximum of 5 years. For further
information on how transition will work the States have published a set of FAQ’s at
A number of my staff currently live in Part A Open Market Properties – What
will happen to them?
As part of the new Law Part A Open Market Properties which are currently in multiple
occupation will be moved to Part D of the Open Market Housing Register, which
means it will become a lodging house unless the owner elects otherwise. Any staff
who have lived in Guernsey for less than 5 years at the point of commencement of
the new Law will be able to remain in the property until they reach the 5 year
threshold at which point they will have to leave Guernsey. For those staff who have
already completed more than 5 years' residence, they will be able to remain in Part D
CIPD Guernsey Policy Advisor on behalf of the committee
3 November 2015
This update is published by CIPD based on our current understanding of the proposed law and is not intended to be, nor should it be used as, a
substitute for specific legal advice on any set of circumstances. In particular, until such time as the final Law is enacted it remains subject to
change. It does not purport to be comprehensive or to render legal advice and is only intended to provide general information for members of
CIPD as of the date hereof.