Answer ... There are two schemes for obtaining employment in Guernsey:
- the General Scheme; and
- the Sector-Based Scheme.
Under the General Scheme, the main types of work permits are outlined in the Population Law. They include:
- short-term employment permits (STEPs);
- medium-term employment permits (MTEPs);
- long-term employment permits (LTEPs);
- seasonal employment permits;
- the Open Market Employment Permit (Part A) (OMPE(A));
- the Open Market Employment Permit (Part B) (OMPE(B)); and
- the Open Market Employment Permit (Part C) (OMPE(C)).
STEPs: STEPs are conditional upon a particular full-time job and a particular employer. However, the permit holder may work in more than one post and does not need a permit in respect of this additional post. The post must be full time (ie, for at least 35 hours per week).
The permit holder may be accommodated in a local market or open market dwelling (see question 1.1), but cannot be the householder of a dwelling. He or she may also occupy a Part D open market dwelling (a house in multiple occupancy) without being accommodated by the householder.
MTEPs and LTEPs: MTEPs are also conditional upon a particular full-time job with a particular employer.
The holders of MTEPs and LTEPs may occupy and be the householder of a local market or an open market dwelling. However, they can only accommodate immediate family members (or anyone else who has been granted permission) in local market dwellings. Like the holders of STEPs, they may also be employed in more than one post and do not need a permit for the additional post.
Seasonal employment permits: These permits were introduced in 2020. Permit holders may also be employed in more than one post and do not require a permit for the additional post. They cannot be a householder of a dwelling, but may be accommodated in either a local market or open market dwelling and can occupy a multiple occupancy dwelling as a tenant without being accommodated by the householder.
OMPE(A): Part A dwellings are private family homes. The owners of open market family homes can employ staff and an OMPE(A) is granted in this respect. The holder of the permit must be accommodated in the private family home and be employed as a full-time household staff member. Employment in more than one post is permitted. The permit holder cannot accommodate any others and, no matter how long they live or work at the dwelling, cannot build up rights to live in local market accommodation.
OMPE(B): Part B dwellings are hotels.
The holder of the permit must be accommodated in the Part B dwelling and be a full-time property staff member.
OMPE(C): Part C dwellings are nursing or residential homes.
The holder of the permit must be accommodated in the Part C dwelling and a full-time property staff member.
Sector-Based Scheme: Under this scheme, permits are granted only in eligible sectors (see below) for full-time positions – that is, equivalent to seven hours a day, five days a week, 46 weeks a year (pro rata where employment has been for less than a year).
Before applying for a permit or submitting an application under this scheme, employers must advertise the job to reach suitably qualified permit-free workers. They must wait three weeks from the date the ad first appeared or the recruitment process started before submitting the application for a work permit. The application must be accompanied by:
- evidence of recruitment efforts;
- details of any responses that the employer has received; and
- full reasons as to why permit workers were not suitable for the post.