Control
of Housing and Work (Licences and Exemptions) (Jersey) Order 2026
1 Interpretation
In this Order –
“exempt business activity” means an activity
described in Schedule 2;
“exempt employment activity” means an activity
described in Schedule 1;
“non-resident business” has the meaning given in
Article 22(1) of the Law;
“resident business” means a business that is
carried on in Jersey and is not a non-resident business.
2 Exemptions from
requirement to have appropriate status for work
(1) A
person is exempt from the requirement in Article 24(1) of the Law to have
an appropriate status to work in Jersey for work that is an exempt employment
activity.
(2) A
person who works in Jersey for 10 days or less in a 12-month period is
exempt from the requirement in Article 24(1) of the Law to have an
appropriate status to work in Jersey.
3 Exemptions from
requirement to have appropriate status under Law
A person is exempt from
the requirement in Article 2(1) of the Law to have
an appropriate status under the Law if the only work the person does in Jersey
is an exempt employment activity described in Schedule 1, paragraphs 2 to
5.
4 Appropriate licence to
carry on business in Jersey
For the purposes of Article 25(1)
of the Law –
(a) the appropriate licence for a person that carries on a
resident business is a resident business licence;
(b) the appropriate licence for a person that carries on a
non-resident business is a non-resident business licence.
5 Exemptions from
requirement to have appropriate licence to carry on business
(1) A
person that carries on a business in Jersey is exempt from the requirement in Article 25(1)
of the Law to have an appropriate licence to operate the business if the
business involves only –
(a) exempt business
activities; or
(b) activities that are
reasonably incidental to exempt business activities.
(2) A
person that carries on a business, except for a non-resident trading business,
in Jersey for 10 days or less in a 12-month period is exempt from the
requirement in Article 25(1) of the Law to have an appropriate licence to
operate the business.
(3) In
paragraph (2), “non-resident trading business” means a business operated
by a person who –
(a) is not ordinarily
resident in Jersey;
(b) does not have permanent
business premises (as defined in Article 22(1) of the Law) in Jersey; and
(c) while physically present
in Jersey, uses a place in Jersey, or moves from place to place in Jersey,
to –
(i) sell, or offer or expose
for sale, goods or services to the public; or
(ii) buy, or offer to buy,
goods from the public.
(4) A
person that carries on a resident business is exempt from the requirement in Article 25(1)
of the Law to have an appropriate licence to operate the business if –
(a) the person is a sole
trader or a company with only 1 member;
(b) the sole trader or member
of the company has Permanent Entitled status, Entitled status, Licensed status,
Licensed for Lease Only status or Entitled for Work Only status;
(c) the sole trader or the
member of the company is the only person who works in or for the business; and
(d) the sole trader or the
member of the company works in or for the business for less than 8 hours a
week.
6 Appropriate staffing
licence, content and conditions
(1) For
the purpose of Article 24(2)(b) of the Law –
(a) the appropriate staffing
licence for a resident business that employs an
individual with Licensed status, Licensed for Lease Only status or Standard
status is a staffing licence; and
(b) a resident business that
does not employ an individual with Licensed status, Licensed for Lease Only
status or Standard status is not required to have a staffing licence.
(2) A
staffing licence must state, as a condition of the licence, the maximum number of individuals with Licensed status,
Licensed for Lease Only status or Standard status that may work in or for the
business that has the licence (the “maximum number”).
(4) A
person described in Schedule 3 (an “exempt worker”) does not count towards
the maximum number.
7 Citation and
commencement
This Order may be cited as the Control of Housing and Work (Licences
and Exemptions) (Jersey) Order 2026 and comes into force at the same time as
the Control of Housing and Work (Amendment) (Jersey) Law 2022.
Schedule 1
(Article 2(1))
Exempt employment activities
1 Work
for resident business that does not need licence
Work for a resident business that carries out only exempt business
activities is an exempt employment activity.
2 Remote
work for non-Jersey business for 60 days or less
Work by a person who is in Jersey for 60 days or less in a
12-month period, for a business that does not carry on business in Jersey, is
an exempt employment activity (for example, a person who lives outside Jersey
and works remotely for their ordinary employer while on holiday in Jersey).
3 Directors,
partners, trustees etc. in Jersey for 60 days or less
(1) Work as a member of a governing body or an
entity or arrangement by a person who is in Jersey for 60 days or less in
a 12-month period is an exempt employment activity.
(2) In this paragraph, the following are
members of the governing body of an entity or arrangement –
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Company
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Director, secretary
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Limited liability company
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Manager, secretary, deputy secretary
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Partnership
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Partner
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Foundation
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Member of the council, guardian of the foundation
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Express trust
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Trustee, enforcer, protector
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Any other entity or arrangement
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A person with equivalent responsibility to others in this table
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4 Work
for Jersey branch of international group for 60 days or less
(1) Work for a business that is part of an
international group is an exempt employment activity if –
(a) the business has an
appropriate licence to carry on business in Jersey; and
(b) the person doing the
work –
(i) is in Jersey for 60 days
or less in a 12-month period; and
(ii) does the majority of
their work for the group outside Jersey.
(2) In this paragraph –
“group” –
(a) in relation to a company
or limited liability company, means –
(i) that company or limited
liability company;
(ii) the holding body of the
company or limited liability company (within the meanings given by Article 2
of the Companies (Jersey)
Law 1991 and Article 2 of the Limited Liability Companies (General Provisions)
(Jersey) Regulations 2022);
(iii) the subsidiaries of the
company or limited liability company (within the meanings given by Article 2
of the Companies (Jersey)
Law 1991 and Article 2 of the Limited Liability Companies (General Provisions)
(Jersey) Regulations 2022); and
(iv) the subsidiaries of the
holding body of the company or limited liability company; and
(b) has an equivalent meaning
for entities that are not companies or limited liability companies;
“international group” means a
group consisting of –
(a) at least 1 entity
registered outside Jersey that does not have, and is not required to have, an
appropriate licence to carry on business in Jersey; and
(b) at least 1 entity
registered in Jersey that has an appropriate licence to carry on business in
Jersey;
“limited liability company”
means a company registered under the Limited Liability Companies (Jersey)
Law 2018.
5 Business
visitor for establishment purposes in Jersey for 90 days or less
(1) Work as a business visitor for
establishment purposes by a person who is in Jersey for 90 days or less in
a 12-month period is an exempt employment activity.
(2) A person is a “business visitor for
establishment purposes” if the person –
(a) works for an entity (other
than a non-profit body) that is responsible for setting up a commercial
presence in Jersey of a relevant service provider;
(b) primarily directs the
management of the entity, receiving general supervision or direction
principally from the board of directors or stockholders of the body, or from
persons with equivalent responsibility to a board of directors or shareholders;
(c) is engaged in activities
that are necessary for the setting up of the commercial presence of the relevant
service provider;
(d) is not engaged in –
(i) selling goods or
supplying services to the public; or
(ii) any economic activity that
is not necessary for the setting up of the commercial presence;
(e) does not receive
remuneration from a business that is carried on in Jersey; and
(f) is not directly employed
by a business that is carried on in Jersey.
(3) In sub-paragraph (2), “relevant
service provider” means a service supplier that –
(a) either –
(i) falls within Article
I.2.d of the General Agreement on Trade in Services (which is part of
Annex 1B to the Agreement Establishing the World Trade Organization done
at Marrakesh on 15 April 1994); or
(ii) would fall within
Article I.2.d of the General Agreement on Trade in Services if the United
Kingdom and Jersey were treated as separate members of the World Trade
Organization;
(b) has its principal place
of business in the United Kingdom or in the territory of another World Trade
Organization member; and
(c) has no other
representative, office, branch or subsidiary in Jersey.
Schedule 2
(Article 5)
Exempt business activities
1 Regulated
activities
(1) A regulated activity is an exempt business
activity if –
(a) it is carried out by a
non-resident business; or
(b) it is carried out by a
resident business and every person who works in or for the business carries out
the exempt employment activity described in Schedule 1, paragraph 3
(directors, partners, trustees etc. in Jersey for 60 days or less).
(2) In this paragraph, “regulated activity”
means an activity in respect of which a person –
(a) is registered under the Banking Business (Jersey) Law 1991;
(b) holds a permit or is a
certificate holder under the Collective Investment Funds (Jersey)
Law 1988;
(c) is registered under the Financial Services (Jersey) Law 1998; or
(d) is authorised by a permit
under the Insurance Business (Jersey) Law 1996.
2 Activities
administered or managed by person carrying out regulated activities
An activity that is managed by a person or body of persons who carry
out regulated activities (as defined in paragraph 1(2)) is an exempt
business activity if –
(a) it is carried out by a
non-resident business; or
(b) it is carried out by a
resident business and every person who works in or for the business carries out
the exempt employment activity described in Schedule 1, paragraph 3
(directors, partners, trustees etc. in Jersey for 60 days or less).
3 Providing
accommodation or premises
(1) Providing accommodation or premises in
Jersey is an exempt business activity if the business providing the
accommodation or premises –
(a) does not carry on
property development in Jersey;
(b) is not registered
under –
(i) the Tourism (Jersey) Law 1948;
(ii) the Nursing Homes (Jersey) Law 1994;
(iii) the Regulation of Care (Jersey) Law 2014; or
(iv) the Lodging Houses (Registration) (Jersey)
Law 1962; and
(c) either –
(i) is a non-resident
business; or
(ii) is a resident business
that provides 5 or fewer separate premises or units of accommodation in Jersey.
(2) In sub-paragraph (1)(c)(ii), a unit of
accommodation or premises is “separate” from other units or premises in the
same building if there is ordinarily no access between the unit or premises and
the other units or premises.
4 Providing
domestic or personal services
(1) Providing domestic or personal services is
an exempt business activity if the business providing the services –
(a) is a resident business;
and
(b) provides domestic or
personal services to no more than 2 households.
(2) In this paragraph, “domestic or personal
services” includes –
(a) gardening;
(b) cleaning (indoors or
outdoors);
(c) cooking;
(d) ironing;
(e) nursing or other personal
care services; and
(f) looking after children.
5 Activities
carried out by business visitor for establishment purposes
An activity that is an exempt employment activity under Schedule 1,
paragraph 5 is an exempt business activity.
6 Non-resident
business responding to critical incident
(1) Performing an activity that is urgently
required as the result of a critical incident or the aftermath of a critical
incident is an exempt business activity for a non-resident business.
(2) In this paragraph, “critical incident”
means an accident, emergency or similar unforeseen event that –
(a) threatens or causes serious
damage to human welfare, or the environment, in Jersey; and
(b) is designated by the
Minister, for the purposes of this Article, as a critical incident.
Schedule 3
(Article 6(4))
Exempt workers
1 Meaning
of agency
In this Schedule, “agency” means a business that supplies workers
who are employed by the business to work in or for another business.
2 Worker
who replaces another worker during replacement period
(1) This paragraph applies if –
(a) a business employs or
engages a person (a “replacement worker”) to replace another worker;
(b) the replacement worker
and the other worker both work in or for the business simultaneously for a
period of 30 days or less (the “replacement period”).
(2) The replacement worker is an exempt worker
for the business during the replacement period.
(3) If the replacement worker is supplied to
the business by an agency, the replacement worker is an exempt worker for the
agency during the replacement period.
3 Worker
providing cover for another worker
(1) This paragraph applies if a person (a
“cover worker”) works in or for a business to provide cover for another worker
while the other worker –
(a) takes parental leave (as
defined in Article 55A(1) of the Employment (Jersey) Law 2003) for 52 weeks or less;
(b) takes sick leave for
52 weeks or less; or
(c) takes any other leave for
3 months or less (including secondments or leave taken for training
purposes).
(2) The cover worker is an exempt worker for
the business while the other worker is on leave.
(3) If the cover worker is supplied to the
business by an agency, the cover worker is an exempt worker for the agency
while the other worker is on leave.
4 Worker
working second job
(1) This paragraph applies to a person (an
“eligible worker”) who –
(a) has Licensed status,
Licensed for Lease Only status or Standard status; and
(b) works in or for a
business (the “first business”) under the business’s staffing licence for more
than 25 hours per week.
(2) The eligible worker is an exempt worker for
a business that is not the first business.
5 Agency
worker
(1) This paragraph applies to a worker (an
“agency worker”) who –
(a) is employed or engaged by
an agency to work in or for another business (the “principal”);
(b) works in or for the
principal under the terms of the agency worker’s agreement with the agency (not
under an agreement between the agency worker and the principal).
(2) The agency worker is an exempt worker for
the principal.
6 Worker
on zero hours contract
A person who is employed by a business on a zero hours
contract is an exempt worker for the business during a period in which the
worker does not work any hours in or for the business.
7 Workers
performing certain exempt employment activities
A worker who is performing work that is an exempt employment
activity under Schedule 1, paragraph 3, 4 or 5 is an exempt worker.
8 Short-term
worker (10 days or less)
(1) A worker who works in or for a business for
10 days or less in a 12-month period is an exempt worker for the business.
(2) If the worker is supplied to the business
by an agency, the worker is an exempt worker for the agency during the time the
worker works in or for the business, but an agency may use this exemption only
once in a 12-month period in relation to each worker.
9 Worker
who became ordinarily resident in Jersey while under 25, financially
dependent on parent
A person is an exempt worker if –
(a) they arrived in Jersey
when they were –
(i) under 25 years old;
(ii) in continuous full-time
education; and
(iii) ordinarily resident with
and financially dependent on a parent with Permanent Entitled status, Entitled
status, Licensed status, Licensed for Lease Only status or Entitled for Work
Only status; and
(b) they have been ordinarily
and continuously resident in Jersey since their arrival.