Guernsey To Follow UK's Lead Over Labour Market Access

by Jason Gorringe, for LawAndTax-News.com, London

04 January 2007

The States of Guernsey authorities announced prior to the accession of Romania and Bulgaria to the European Union on Monday that they intend to follow the UK in limiting access to the Bailiwick's labour market for workers from the two new EU member states.

From 1 January 2007, the UK has limited access to its labour market by nationals from the two countries, although citizens from those countries are able to travel freely throughout the European Economic Area from that date. The restriction to the labour market will continue until 31st December 2011, and is known as the accession period.

There will no longer be a requirement for citizens of Bulgaria and Romania to obtain a visa to enter the United Kingdom or Islands, although such nationals will continue to require a valid passport or national identity card.

The same situation will apply in the Bailiwick through the relevant provisions of the Immigration Act 1988. This is to ensure that the Bailiwick does not discriminate in breach of Protocol 3 to the United Kingdom's Treaty of Accession to the European Community.

Rob Prow, Chief Officer of Guernsey's Customs and Immigration department explained that:

"In the UK low skilled workers from Bulgaria and Romania will be restricted to existing quota schemes to fill vacancies in the agriculture and food processing sectors. Such schemes do not apply in the Bailiwick. Consequently it will not be possible for low skilled workers from Bulgaria and Romania to take employment in the Bailiwick."

"In order to ensure that the Bailiwick retains control over the employment of Bulgarian and Romanian nationals during the accession period, the Home Department has introduced the Immigration (Accession) (Workers from Bulgaria and Romania) (Guernsey) Rules 2006. These Rules come into force on 1st January 2007."

Mr Prow went on to explain that under the new Rules, skilled workers from both countries will continue to qualify for employment in the Bailiwick but only under the Board's current work permit policy for keyworkers. This will only apply to skilled workers and will not extend to low and semi-skilled workers from these countries.

In all cases nationals from Bulgaria and Romania must comply with the provisions of employment or control of occupation of housing legislation in force in that part of the Bailiwick within which they may be residing.

Mr Prow concluded:

"In 2004, when 10 new countries joined the European Union, the UK gave their citizens access to their labour markets but the Workers Registration Scheme was introduced to ensure that people only came to work and not claim benefits. The same position was achieved in the Bailiwick through the Immigration (Guernsey) (Accession State Workers) Rules 2004. These Rules ensured that only those nationals considered to be 'self sufficient' could come to the Bailiwick for employment, thereby not falling a charge on public funds and not claiming benefits to which there was no entitlement."

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