Control
of Housing and Work (Residential and Employment Status) (Jersey) Regulations
2025
Part 1
Interpretation
1 Interpretation
In these
Regulations –
“eligible partner”, in relation to a person
(“Person A”), means another person who –
(a) is married to, in a civil
partnership with or in an enduring relationship with Person A;
(b) has –
(i) Permanent Entitled status;
(ii) Entitled status;
(iii) Entitled for Work Only status under
Regulation 8 (but not under Regulation 9 or 10);
(iv) Licensed status; or
(v) Licensed for Lease Only status; and
(c) is ordinarily resident in
Jersey;
“enduring relationship” means a relationship that –
(a) is
similar to a marriage or civil partnership; and
(b) has
existed continuously for the last 2 years;
“Entitled status” means the status –
(a) for which the conditions
are specified by Regulation 4; or
(b) that is granted under
Regulation 5 or 6;
“Entitled for Work Only status” means the
status –
(a) for which the conditions
are specified by Regulation 8 or 9; or
(b) that is granted under
Regulation 10;
“Jersey born” means –
(a) a person born in Jersey;
or
(b) a person born elsewhere
if –
(i) immediately before the person’s birth (or
any period of medical care relating to the birth), a parent of the person was
ordinarily resident in Jersey; and
(ii) both the person and the
parent are ordinarily resident in Jersey immediately following the birth (or any
period of medical care relating to the birth);
“Law” means the Control of Housing and
Work (Jersey) Law 2012;
“Licensed status” means the status allocated
under Regulation 12;
“Licensed for Lease Only status” means the
status allocated under Regulation 14;
“parent” –
(a) in the definition of
“Jersey born”, does not include an adoptive parent; but
(b) in Regulation 2(1)(c)(iii),
includes an adoptive parent;
“Permanent Entitled status” means the status for
which the conditions are specified by Regulation 2;
“Qualified”, in relation to a unit of dwelling
accommodation, means dwelling accommodation that is in the Qualified category
under Part 5 of the Law;
“Registered”, in relation to a unit of dwelling
accommodation, means dwelling accommodation that is in the Registered category
under Part 5 of the Law;
“Standard status” means the status for which the
conditions are specified by Regulation 16.
Part 2
Residential
and employment statuses
Division
1 – Permanent Entitled status
2 Permanent Entitled status
(1) A
person fulfils the conditions for Permanent Entitled status if –
(a) the person is Jersey born
and has been ordinarily resident in Jersey for a continuous period or aggregate
periods of 10 or more years;
(b) the person has been
ordinarily resident in Jersey for a continuous period of 10 or more years, starting
before the person reached school leaving age;
(c) the person –
(i) was ordinarily resident in Jersey at any
time before the age of 20;
(ii) has, before the age of
40, been ordinarily resident in Jersey for a continuous period or aggregate
periods of 10 or more years; and
(iii) has a parent who, at the
relevant time, had Permanent Entitled status or Entitled status; or
(d) the person has been
ordinarily resident in Jersey for a continuous period of 25 or more years.
(2) A
person who is below school leaving age is not disqualified from being granted
Permanent Entitled status (despite the definition of “person” in the Law
excluding people below school leaving age).
(3) In
paragraph (1)(c)(iii), “relevant time”
means –
(a) if the parent has died,
the date of death; or
(b) if the parent is alive,
the end of a period referred to in paragraph (1)(c)(ii).
3 Permanent Entitled status
cannot be lost
A person who has been
granted Permanent Entitled status cannot lose that status or have it revoked,
except as provided for under Regulation 18.
Division
2 – Entitled status
4 Entitled status on
grounds of long-term residence
A person fulfils the
conditions for Entitled status if the person –
(a) has been ordinarily
resident in Jersey for a continuous period of 10 or more years immediately
before the date of their application for Entitled status; and
(b) does not have Permanent Entitled
status.
5 Entitled status on economic
or social grounds
(1) This
Regulation applies if the Panel recommends to a determining officer that
granting a person Entitled status is justified –
(a) on economic or social
grounds, or both; and
(b) as being in the best
interests of the community.
(2) A
determining officer must grant the person Entitled status unless the officer is
satisfied that there are reasons (such as the withdrawal of the application)
why the Panel’s recommendation cannot be given effect.
(3) If
a person who is granted Entitled status under paragraph (2) also fulfils
the conditions for Permanent Entitled status under Regulation 2 or
Entitled status under Regulation 4 –
(a) the person may choose to
have the other status by giving notice in writing to a determining officer; and
(b) on confirmation by the officer
of receipt of the notice, the person ceases to have Entitled status under this
Regulation and instead has the other status.
6 Entitled status on grounds
of hardship
A determining officer may
grant a person Entitled status if the officer is satisfied that granting the
status is justified in order to avoid hardship (other than solely financial
hardship) that would be caused to the person or to any other person ordinarily
resident in Jersey if the status were not granted.
7 Loss or revocation of
Entitled status
(1) A
person loses Entitled status if, after the status is granted, the person
is –
(a) absent from Jersey for a
period (continuously or in aggregate) of more than 5 years; and
(b) not ordinarily resident
in Jersey during the period of absence.
(2) A
determining officer may revoke a person’s Entitled status if –
(a) the status was granted
under Regulation 5 or 6; and
(b) the grant was made
subject to a condition that ceases to be satisfied.
(3) The
Minister may, by Order, amend this Regulation to –
(a) increase the period of
absence from Jersey that leads to a person losing their status; or
(b) decrease the period of
absence from Jersey that leads to a person losing their status, but only in
respect of a person who is granted the status after the Order comes into force.
Division
3 – Entitled for Work Only status
8 Entitled for Work Only
status on grounds of long-term residence
A person fulfils the
conditions for Entitled for Work Only status if the person –
(a) has been ordinarily
resident in Jersey for a continuous period of 5 or more years immediately
before the date of their application for Entitled for Work Only status; and
(b) does not have Permanent
Entitled status, Entitled status, Licensed status or Licensed for Lease Only status.
9 Entitled for Work Only
status on grounds of relationship
(1) A
person fulfils the conditions for Entitled for Work Only status if –
(a) the
person –
(i) has an eligible partner; or
(ii) within the previous 5 years,
has ceased to have an eligible partner because of a relevant event and has been
ordinarily and continuously resident in Jersey since the relevant event; and
(b) the person does not have Permanent
Entitled status, Entitled status, Licensed status or Licensed for Lease Only status.
(2) In
this Regulation, “relevant event”
means –
(a) the death of the eligible
partner;
(b) the end of the
relationship between the person and the eligible partner (which, in the case of
a marriage or civil partnership, means the dissolution of the marriage or civil
partnership);
(c) the eligible partner
ceasing to have a status required by clause (b) of the definition of
eligible partner; or
(d) the eligible partner ceasing
to be ordinarily resident in Jersey.
10 Entitled for Work Only
status on grounds of hardship
A determining officer may
grant a person Entitled for Work Only status if the officer is satisfied that granting
the status is justified in order to avoid hardship (other than solely financial
hardship) that would be caused to the person or to any other person ordinarily
resident in Jersey if the status were not granted.
11 Loss or revocation of
Entitled for Work Only status
(1) A
person loses Entitled for Work Only status if, after the status is granted, the
person is –
(a) absent from Jersey for a
period (continuously or in aggregate) of more than 12 months; and
(b) not ordinarily resident in
Jersey during the period of absence.
(2) A
determining officer may revoke a person’s Entitled for Work Only status
if –
(a) the status was granted
under Regulation 10; and
(b) the grant was made
subject to a condition that ceases to be satisfied.
(3) The
Minister may, by Order, amend this Regulation to –
(a) increase the period of
absence from Jersey that leads to a person losing their status; or
(b) decrease the period of
absence from Jersey that leads to a person losing their status, but only in
respect of a person who is granted the status after the Order comes into force.
Division
4 – Licensed status
12 Allocation of Licensed status
(1) A
business may allocate to a person Licensed status if –
(a) the business has a valid
staffing licence that permits the business to allocate the status to the person;
(b) the status is allocated
in accordance with the terms of the staffing licence, and in accordance with
any Regulations or Orders made under Article 27 (specific conditions of a
staffing licence) of the Law;
(c) the person satisfies the
conditions specified in the staffing licence; and
(d) the person does not have
Permanent Entitled status or Entitled status.
(2) The
business must make the allocation of Licensed status subject to the conditions
(if any) specified by the staffing licence.
13 Loss of Licensed status
A person who has Licensed
status loses that status if –
(a) the person ceases to be
employed by the business to carry out the work for which the status was granted;
or
(b) the allocation of the
status is made subject to a condition and the condition ceases to be fulfilled.
Division
5 – Licensed for Lease Only Status
14 Allocation of Licensed
for Lease Only status
(1) A
business may allocate to a person Licensed for Lease Only status if –
(a) the business has a valid
staffing licence that permits the business to allocate the status to the
person;
(b) the status is allocated
in accordance with the terms of the staffing licence, and in accordance with
any Regulations or Orders made under Article 27 (specific conditions of a
staffing licence) of the Law;
(c) the person satisfies the
conditions specified in the staffing licence; and
(d) the person does not have
Permanent Entitled status or Entitled status.
(2) The
business must make the allocation of Licensed for Lease Only status subject to –
(a) the condition that the
person must not enter into a specified transaction described in Article 18(1)(a)
of the Law unless the person has the appropriate status under Schedule 2,
paragraph 4(c) of these Regulations; and
(b) the conditions (if any) specified
in the staffing licence.
15 Loss of Licensed for
Lease Only status
A person who has Licensed
for Lease Only status loses that status if –
(a) the person ceases to be
employed by the business to carry out the work for which the status was
granted; or
(b) the allocation of the
status is made subject to a condition and the condition ceases to be fulfilled.
Division
6 – Standard Status
16 Standard status
A person fulfils the
conditions for Standard status if the person does not have any other status
under these Regulations.
Division
7 – General provisions about residential and employment statuses
17 Power to impose
conditions
(1) If
the Panel recommends making the grant of a status under Regulation 5, 6 or
10 subject to a condition, the determining officer who grants the status must
make the grant subject to the condition recommended by the Panel, unless the
determining officer is satisfied that there are reasons why the recommendation
cannot be given effect.
(2) A
determining officer may make the grant of a status under Regulation 6 or 10
subject to a condition described in paragraph (3).
(3) A
condition imposed on the grant of a status under Regulation 6 or 10 may
include –
(a) a limit as to duration of
the status, whether expressed as a period of time or by reference to a
particular event;
(b) a condition relating to
the family role or responsibilities of the person to whom the status is
granted;
(c) a condition relating to
the person’s work; and
(d) a condition relating to where
the person must or must not reside.
(4) A
determining officer –
(a) may amend or revoke a
condition; and
(b) must amend or revoke a
condition if the amendment or revocation is recommended by the Panel (unless
the determining officer is satisfied that there are reasons why the
recommendation cannot be given effect).
18 Revocation of status
A determining officer may
revoke the allocation or grant of a status, other than Standard status, to a
person if –
(a) the determining officer
is satisfied that the allocation or grant was made in error; or
(b) the person applies to the
Minister for the allocation or grant to be revoked.
19 Consequences of loss or
revocation of status
(1) A
person who loses their status or whose status is revoked has Standard status
following the loss or revocation, unless paragraph (2) applies.
(2) If
the Minister is satisfied that exceptional circumstances justify doing so, the
Minister may –
(a) maintain the person’s
existing status; or
(b) grant the person a status
other than Standard status.
Part 3
Appropriate
status to occupy accommodation, enter specified transactions and work
20 Appropriate status to
occupy dwelling accommodation
Schedule 1 sets out the
appropriate status, for the purposes of Article 17(1)(a) of the Law, for a
person to occupy a unit of dwelling accommodation as their ordinary residence.
(For other situations in which a person may occupy a unit of dwelling accommodation
as their ordinary residence, see Article 17(1)(b) to (e) of the Law.)
21 Appropriate status for
specified transactions
Schedule 2 sets out the
appropriate status, for the purposes of Article 19(2) of the Law, for a
person to enter into a specified transaction.
22 Appropriate status for
work
(1) This
Regulation sets out the appropriate status, for the purposes of Article 24(1)
and (2) of the Law, for a person to work in Jersey.
(2) A
person has the appropriate status for any work if the person has –
(a) Permanent Entitled
status;
(b) Entitled status; or
(c) Entitled for Work Only
status.
(3) A
person with Licensed or Licensed for Lease Only status has the appropriate
status for the work for which the status is allocated.
(4) A
person with Standard status has the appropriate status to carry out work for a
business if –
(a) the business’s staffing
licence allows a person with Standard status to carry out the work; and
(b) at the time the person is
engaged to carry out the work, the business has not exceeded the number of
people with Standard status that the staffing licence allows the business to
employ to carry out the work.
(5) The
Minister may, by Order, provide that a person with Licensed, Licensed for Lease
Only or Standard status also has the appropriate status for –
(a) a particular type of
work; or
(b) work for a particular
business or type of business.
23 Exemption from
requirement to have appropriate status
The Minister may, by
Order, provide that a person of a specified description is exempt from the
requirement to have an appropriate status under the Law.
Part 4
Miscellaneous
24 Transition from existing
status to new status
(1) If,
immediately before the relevant date, a person has Registered status under the
Law, the person loses that status and gains Standard status.
(2) If,
immediately before the relevant date, a person has any other status under the
Law, the person retains that status until –
(a) the status expires (if
the status is time-limited);
(b) the status is revoked, or
the person no longer fulfils the conditions for the status, under the Law as in
force immediately before the relevant date; or
(c) the person applies to the
Minister for a different status and is granted that status.
(3) In
this Regulation, “relevant date” means the date on which the Control of Housing
and Work (Amendment) (Jersey) Law 2022 comes into force.
25 Orders for the purpose of
Part 7 (controls on working) of the Law
The Minister may, by
Order, make any provision that may be made by Regulations under Article 24(6)(a)
to (c) and Article 27(5) of the Law.
26 [1]
27 Citation and commencement
These Regulations may be
cited as the Control of Housing and Work (Residential and Employment Status)
(Jersey) Regulations 2025 and come into force at the same time as the Control
of Housing and Work (Amendment) (Jersey) Law 2022.
Schedule 1
(Regulation 20)
Appropriate status to occupy dwelling
accommodation
1 Appropriate
status to occupy Registered dwelling accommodation
A person has the appropriate status to occupy a Registered unit of
dwelling accommodation as their ordinary residence if the person has –
(a) Permanent Entitled
status;
(b) Entitled status;
(c) Entitled for Work Only
status;
(d) Licensed status;
(e) Licensed for Lease Only
status; or
(f) Standard status.
2 Appropriate
status to occupy Qualified dwelling accommodation
A person has the appropriate status to occupy a Qualified unit of
dwelling accommodation as their ordinary residence if the person has –
(a) Permanent Entitled
status;
(b) Entitled status;
(c) Entitled for Work Only
status, but only if occupying the accommodation jointly with an eligible partner who has Permanent Entitled status, Entitled Status,
Licensed status or Licensed for Lease Only status;
(d) Licensed status; or
(e) Licensed for Lease Only
status.
Schedule
2
(Regulation 21)
Appropriate status for specified
transactions
1 Appropriate
status to lease Registered dwelling accommodation
A person has the appropriate status to enter into a lease of a Registered
unit of dwelling accommodation (regardless of whether the lease is by
registered contract) if the person has –
(a) Permanent Entitled
status;
(b) Entitled status;
(c) Entitled for Work Only
status, but only if the person intends to occupy the accommodation as their
ordinary residence;
(d) Licensed status, but only
if the person intends to occupy the accommodation as their ordinary residence;
(e) Licensed for Lease Only
status, but only if the person intends to occupy the accommodation as their ordinary
residence; or
(f) Standard status, but
only if the person intends to occupy the accommodation as their ordinary
residence.
2 Appropriate
status for registered contract to lease Qualified dwelling accommodation
A person has the appropriate status to enter into a registered
contract to lease a Qualified unit of dwelling accommodation if the person has –
(a) Permanent Entitled
status;
(b) Entitled status; or
(c) Licensed status, but only
if the person intends to occupy the accommodation as their ordinary residence.
3 Appropriate
status for ordinary contract to lease Qualified dwelling accommodation
A person has the appropriate status to enter into a lease of a
Qualified unit of dwelling accommodation, other than by registered contract, if
the person has –
(a) Permanent Entitled
status;
(b) Entitled status;
(c) Licensed status, but only
if the person intends to occupy the accommodation as their ordinary residence; or
(d) Licensed for Lease Only
status, but only if the person intends to occupy the accommodation as their
ordinary residence.
4 Appropriate
status to acquire land under contract for sale or transfer of land
A person has the appropriate status to acquire land under a contract
for the sale or transfer of land if the person has –
(a) Permanent Entitled
status;
(b) Entitled status;
(c) Entitled for Work Only or
Licensed for Lease Only status, but only if –
(i) the person has an eligible partner who has Permanent Entitled status, Entitled Status or Licensed status;
(ii) the person’s eligible partner
also acquires the land under the contract –
(A) as a joint purchaser or
transferee, if the eligible partner has Licensed status; or
(B) in any capacity, if the
eligible partner has Permanent Entitled status or Entitled status; and
(iii) the person and the
eligible partner intend to occupy the land as their ordinary residence; or
(d) Licensed status, but only
if the person intends to occupy the land as their ordinary residence.