blog.gov.jeThe sentencing of former External Relations Minister and current States Member Philip Ozouf and business owner Roberto Lora for assisting unlawful immigration has brought renewed attention to the vulnerabilities faced by temporary migrant workers in Jersey.
The investigation by the Jersey Customs and Immigration Service (JCIS) – the first of its kind – found that Rwandan nationals were employed in roles and locations not covered by their permits, including work in a laundrette and at Ozouf’s home.
The case has highlighted how gaps in oversight, barriers to reporting, and the dependency created by short-term work permits can leave individuals exposed to exploitation.
It’s also important that everyone is aware how the work permit policy works.
The Government of Jersey has since confirmed its intention to introduce dedicated modern slavery legislation, aimed at strengthening protections for those at the highest risk of mistreatment.
However, the Ozouf case also demonstrates that significant enforcement action can already be taken under existing legal mechanisms intended to safeguard migrant workers.
The Head of Service for the Jersey Customs and Immigration Service, Rhiannon Small, emphasised the responsibility placed on those who employ migrant workers, saying:
“I would stress that the role of the employer must be remembered regarding employee welfare; employers have a key role to play in the welfare and fair treatment of their employees.”
Rhiannon Small, Head of Jersey Customs and Immigration Service
How the Work Permit Policy Operates:
- The temporary work permit policy is a route to immigration that doesn’t exist in the UK and has been designed to meet the needs of Jersey as a small island economy, by allowing employers to recruit employees from overseas on a temporary basis where it has been demonstrated that there is a genuine need
- Nine-month work permits are not the only option. Employers can generally choose whether to apply for 9-month or 12-month work permits. The 12-month work permits are renewable and allow employees to stay in Jersey for a maximum of three years without leaving the Island
- All employees on temporary work permits can switch to long-term skilled work permits without leaving the Island, if they meet the criteria
- The policy was recently updated to reduce the length of time employees on 12-month temporary work permits have to stay out of Jersey before they can return to a third of the time they spent in the Island, following feedback that the previous absence periods were too long
- There is no current intention to phase out 9-month work permits
- Work permits are applied for by, and granted to, employers wishing to employ name individuals in specific roles that they cannot fill from the local workforce for a set period of time. The employer must demonstrate that the employee has relevant skills, experience and qualifications for the role
- Work permits are not issued to employees. An employee applies for, and is granted, a visa to enter and work in Jersey. The visa is linked to their employment and should they change employer they are required to renew their visa
- All employees in Jersey have the same employment rights. This applies equally to temporary incoming employees and local employees
- All employees are entitled to the Jersey minimum wage, and to equal pay for equal work
- All employees on temporary work permits have the right to change their employer after six months’ employment, without leaving the Island. In exceptional circumstances they can be granted permission to change employer earlier
- Employees on temporary work permits also have the right to switch to long-term skilled employment without leaving the Island, if they meet the necessary criteria. They can do this at any time without completing six months’ employment
- Employees on temporary work permits cannot be made to work any additional hours beyond their contracted hours
- Employees on temporary work permits are free to leave Jersey at any time. Employers cannot take possession of their travel documents or seek to control their movements
Healthcare and Work Permits:
- Anyone moving to Jersey becomes eligible for free healthcare after six months in the Island
- Free emergency healthcare is available to everyone in Jersey from day one
Structural Vulnerabilities:
Temporary migrant workers in Jersey face several challenges that can increase their vulnerability:
- Short-term permit duration, usually capped at nine months
- Inability to bring family members, contributing to isolation - Those issued with temporary work visas for 12-months or less are not permitted to bring their dependants to Jersey. Also, those on longer visas, whether issued for work or another immigration route, who are unable to demonstrate that they can maintain and accommodate themselves without recourse to public funds will be unable to bring their dependants to Jersey
- Restrictions on changing employers within the first six months unless a new permit route is secured
- Cultural or historical distrust of authorities, which may discourage reporting
These factors can combine to create an environment where exploitation goes unreported or unnoticed.
Mrs Small stressed that, for JCIS, every enforcement case involves a human being at its centre:
“We are fully aware as the Island’s immigration service that every decision we make has a person at its heart. We will always consider that person in everything we do,” she said, adding that while new legislation will strengthen protections, serious mistreatment already triggers strong legal responses:
“It’s important to stress that if anyone were held in conditions amounting to modern slavery, it is very likely that alternative charges could be made under existing laws … and any reports of that nature would be very thoroughly investigated.”
JCIS’s Approach: Enforcement and Support
JCIS is clear that its role extends beyond compliance checks.
When migrant workers come forward with concerns – such as being required to work outside their permit conditions, receiving poor treatment, or being placed in unsafe circumstances – JCIS can:
- Investigate employer conduct
- Issue direction or corrective measures
- Support workers in moving to another job within their sector where justified
- Assess each case on its individual circumstances
- Work in partnership with community organisations to encourage safe reporting
Community groups in the island including Friends of Africa, The Salvation Army, and Caritas played a crucial role in supporting the workers involved in the Ozouf case, helping them understand their rights and feel confident engaging with JCIS.
Mrs Small noted that legislation is only one part of the wider safeguarding picture:
“Legislation is not the only work we can do on this.” she said, explaining that JCIS is also improving internal policies and collaborating across government.
“My team is ensuring policies in this area are fit for purpose and has been working with other departments to ensure that permit holders who suffer domestic abuse can get support, and to help develop a dedicated resource within the International Cultural Centre to assist permit holders and new arrivals in the Island.”
Strengthening the Safety Net:
The recent relaunch of the International Cultural Centre (ICC) provides another accessible route for migrant workers seeking advice or support.
JCIS encourages any worker who feels they are being mistreated, required to work outside their permit conditions, or placed in unsafe or exploitative situations to contact either the service directly or a community organisation they trust.
The combination of JCIS enforcement, community driven advocacy, and the government’s commitment to introducing modern slavery legislation marks a significant step forward in Jersey’s approach to preventing worker exploitation.
Reporting concerns:
The Jersey Customs and Immigration Service are always happy to speak to anyone who has a concern or anyone who needs up to date, accurate information about work permits. That can be an employer or an employee.
You can contact The Jersey Customs and Immigration Service (JCIS) to report a concern in the following ways:
By phone on: (01534) 448000 (and choose option 3)
By email anonymously: Customs.confidential@gov.je
Or report anonymously using the online form: Report a customs or immigration offence