Temporary work permits introduced for construction workers

Wednesday 10 February 2021

A specific 12-month-long work permit for construction workers, renewable for up to four years, is being introduced following lobbying from local industry leaders.

Under the Work Permit Policy (WPP) introduced in October, there was previously only two types of permits: a nine-month long one for 'low-skilled workers' and a three-year one for 'skilled workers'.

The former neither required a salary threshold nor for the worker to speak English and did not allow dependants to accompany the applicant.  

The latter required a salary of at least £30,000, English language requirements and for the role to meet Level 3 or above of the Regulated Qualifications Framework (RQF).

Pictured: The Jersey Consumer Council requested special permits for the sector.

However, the Jersey Construction Council wrote to the Jersey Customs and Immigration Service (JCIS) indicating that neither route would allow the sector to operate given its requirements. 

In a business case, the Jersey Construction Council (JCC) highlighted the difficulties the local construction industry is experiencing in recruitment and called for “simplicity, certainty and speed” from the WPP to allow it to operate at an appropriate level.

The document pointed out that while there are approximately 6,000 employees across the construction sector in Jersey, it was expected the numbers would grow over the next five years, primarily driven by Government of Jersey plans.

The Council said that around 500 individuals are needed every year and that the WPP would lead construction costs to increase due to “the churn of staff” required on the nine-month ‘Temporary Route’.

Any shortage of skilled labour, they added, would cause delay on builds and further impact overall costs.

Pictured: The JCC noted that there is a global shortage of construction workers.

They pointed out that the construction industry relies on a “significant labour pool” and will need more labour than is currently available on Island. In addition, they said there is no easily obtainable workforce in the island and cite the hospital project as an example, saying it would require 200 local and 400 inbound construction workers over a four-year period.

The JCC noted that there is a global shortage of construction workers and 28% of the workforce in London is made up of EU nationals, dropping to 8% across the UK. However, they added that the number of EU nationals is reducing as many are returning home due to Brexit, covid-19 and the weakness of sterling.

In their report, they included a document estimates a shortfall of 1 million construction workers in the EU by 2025. JCC representatives also said they had seen skilled workers from outside of the CTA returning home.

“The consequence is that most construction businesses within the CTA are struggling to find enough workers to complete current commitments let alone to manage the increasing demand,” the JCC wrote. “It is against the backdrop of increasing need within the CTA for construction workers and the desired construction output in Jersey that the Jersey industry needs pragmatic support from the GoJ to attract workers from outside the CTA.” 

Pictured: The Home Affairs Minister, Constable Len Norman.

They suggested extending the ‘unskilled’ option to four years and nine months or in line with the period of the construction project, with the requirement for the English language test removed for the skilled workers and replaced with a subsidised English course for employees to attend after arrival.

Their second option involved a specific route for construction workers with a salary threshold of £18,000, no English requirement and a RQF 3 level.

Home Affairs Minister Constable Len Norman and Paul Le Monnier, Acting Assistant Director Immigration and Nationality, eventually concluded that the JCC were requesting “far more than what was needed”. 

He therefore suggested introducing a one-year temporary route which can be extended year-on-year for up to four years. 

Requirements for this option will be the same as the nine-month one and include foreign police check and adequate skills. No salary threshold or English requirement will be necessary, and dependants will not be allow to come to the island for the first year.

Any time spent as part of such a permission will not count toward any qualifying period for settlement.

Despite requests from the JCC for a “blanket permission for up to four years”, the Minister declined saying the proposal “adequately resolves their needs and maintains a robust immigration control."

Meanwhile, Deputy Rowland Huelin, who has political responsibility for delivering the population policy, admitted during a Scrutiny hearing that it was unlikely a new population policy could be delivered before the end of 2021 as expect by States Members.