Sarah Ash
Group Partner*
Guernsey
key takeaways
On Monday 14 September 2026, changes to Jersey's Control of Housing and Work (Jersey) Law (CHW Law) came into force introducing new terminology and exceptions, along with some tighter controls.
The Government of Jersey stated that the changes are 'the culmination of a full review of the Control of Housing and Work legislation, with the aim of simplifying the law and providing more flexibility to adapt controls in light of changing circumstances'. The Assistant Chief Minister with responsibility for the CHW Law, Deputy Malcolm Ferey, further commented that the changes make it ‘easier for businesses to recruit staff and for Islanders to build and maintain their residence status.’
The new law is accompanied by updated guidance on business licensing and employee status also published on gov.je.
Below we summarise the main changes employers should be aware of and consider the extent to which the changes meet the Government's stated aims.
Jersey employers will be familiar with the requirement for individuals who live and work in Jersey to fall into one of a defined list of statuses, previously referred to as a housing status but now to be known as 'appropriate status'.
From Monday 14 September, 'Standard' status replaces 'Registered' status under the CHW Law. There is no substantive change to the status itself; this is simply a matter of labelling. There is also no need for individuals or employers to update their records or business licences, but the new terminology will be adopted in new business licences. Employers should consider whether any internal policies, offer letters and employment contracts require updating.
The guidance explains that the change has been made to reduce confusion between 'Registered' status and other uses of the term 'registered' within legislation and guidance (e.g. registered accommodation). Whilst we understand that rationale, the adoption of the label 'Standard' appears somewhat at odds with a status for which rights to work and occupy property are limited.
Interestingly, the change is made possible by the removal of the definitions of housing status from the CHW Law itself and new permission for the States to define housing status by regulation instead. As regulation does not need Privy Council approval, this restructuring allows for swifter changes to housing status if and when the Government of Jersey considers appropriate. The full list of available statuses is now as follows:
The new guidance clarifies that resident businesses wishing to employ people with Standard, Licensed or Licensed for Lease Only status will normally require a staffing licence. Again, this is not a substantive change. A staffing licence refers to the permission to employ staff with certain statuses contained in a business licence. Re-labelling the permission as a licence in its own right, separate from the business licence (albeit still contained in the same document), is intended to clarify the distinction and need for separate consideration of the criteria for a business licence and a staffing licence (where required).
The well known '30 day rule' allowing a non-resident business to operate in Jersey for up to 30 days in a 12-month period without a business licence has been replaced with a much lower '10 days in 12 months' threshold. This significantly decreases the flexibility available to non-resident businesses and makes it considerably more likely that a licence will be required for businesses undertaking recurring activity in Jersey.
Conversely, a new exception has been introduced to the requirement to have an appropriate status in order to work in Jersey. Individuals are now permitted to perform remote work from Jersey for a non-Jersey business for up to 60 days in a 12-month period. The exception is designed to capture people who live outside of Jersey but who are in Jersey for a period of time working remotely (e.g. whilst on holiday).
Existing exceptions from the need for appropriate status for directors (up 60 days in 12 months), people working for a Jersey branch of an international group (up to 60 days in 12 months) and people visiting to establish a business in Jersey (up to 90 days in 12 months) continue to apply, but eligibility should be double checked against the amended law which contains additional detail on the circumstances in which these exceptions will apply.
Non-resident trading businesses now fall under the non-resident business licence regime rather than a separate non-resident trading licence. Hawkers licences have also been removed. This simplifies the type of business licences available to resident and non-resident business licences only. Non-resident businesses can no longer apply to extend a business licence and must now apply for a new licence.
The definition of a non-resident business has also been amended. To be a non-resident business there must not be anyone who is ordinarily resident in Jersey working for the business in Jersey or no permanent business premises in Jersey. This removes the option for a business which has a physical presence in Jersey to be classed as a non-resident business if the majority of its workforce is based outside of Jersey. The new approach is simpler and avoids the need to carry out headcount analysis across the workforce where a business is split across jurisdictions. But existing non-resident businesses who have business premises in Jersey should take note that they now need to apply for a resident business licence.
The amended law establishes a new Housing and Work Control Panel made up of three elected Members of the States Assembly. Individuals who are unhappy with the determination of their status and businesses who have applied for licences and are unhappy with the outcome, including any conditions imposed, can apply to the Panel for review of the decision. Applications for review must be made within one month of the date of the initial decision. The Panel will also be responsible for making status decisions in complex cases.
The amended law introduces a new defence of 'reasonable excuse'. Contraventions of the CHW law will now only amount to a criminal offence if the contravention is 'without reasonable excuse'.
For HR teams the immediate priority is to map the new terminology and thresholds against existing policies, documentation and workforce mobility plans. The question remains whether the amendments are the first step in a wider shake up of Jersey's work and housing regime. Given it has taken several years to get these changes on the statute books, further development is unlikely to be imminent – but the structural shift to regulation-based rules gives the Government considerably more room to manoeuvre in future.
Authors
Key contacts
Group Partner*
Guernsey
Group Partner*
Guernsey