Control of Housing and Work (Jersey) Law 2012 ("the CHW Law") - High Value Residents

Control of Housing and Work (Jersey) Law 2012 ("the CHW Law") - High Value Residents

Entitled status on economic grounds

The CHW Law provides that a person may be granted Entitled status by the Chief Minister where the Minister is satisfied that a grant is justified –

(A) on social or economic grounds (or both); and

(B) as being in the best interests of the community.

How to apply

The criteria against which applications made on economic grounds are considered include:-

(i)   the likely contribution to tax revenues;

(ii)  the business/social background of the applicant;

(iii) the number of dependants and the extent to which these persons may in time acquire housing rights if consent is granted;

(iv) other, non-economic benefits which the island may receive if consent is granted;

(v)  total net worth; and

(vi) the possibility of the applicant bringing a business to the island which will generate tax revenues and provide employment whilst not adversely impacting upon the island’s resources.

Applications for consent in principle are processed through the office of the Director of High Value Residency.  The Director acts as a single point of contact with the local authorities so as to provide a personal and individual support mechanism. It is, however, important that professional tax and legal is obtained before submitting an application. 

Once qualification in principle is established an application can be made for a registration card. A fee of £5,000 is payable when the card is issued.

What rights does the status grant ?

A person with Entitled status acquired through birth and/or residence in Jersey can buy or rent any property and can work in any employment. Those who qualify on economic grounds will be given a licence which requires them to buy or rent only one residential property at any given time and stipulates a minimum purchase price or rental sum to be paid.

Status acquired under this aspect of the CHW Law can be lost if a person:

• is absent from Jersey for a period or aggregate periods exceeding 5 years and was not ordinarily resident in Jersey during those periods; this is an improvement on the position under the Housing Law where only one period of absence was permitted up to a maximum 5 year period;  or
•  breaches a condition of the grant.

Until Permanent Entitled status (i.e. after 30 years residence) is achieved a registration card will be issued and will need to be renewed every period of 5 years.

This client briefing is only intended to give a summary and general overview of the subject matter. It is not intended to be comprehensive and does not constitute, and should not be taken to be, legal advice. If you would like legal advice or further information on any issue raised by this briefing, please contact one of the persons named at the end of this briefing or one of your usual Ogier contacts.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice