Changes to the Isle of Man work permit legislation

The Council of Ministers have approved changes to the Isle of Man Immigration rules which come into effect from 6 April 2018

The changes will see the Tier 2 points based system route being replaced by the introduction of 2 new Isle of Man Worker visas, the Worker Migrant visa and the Worker Intra-Company Transfer (ICT) Migrant visa.

These changes will help streamline the recruitment process for Isle of Man Employers whilst maintaining the integrity of immigration in the Isle of Man to meet the Islands economic needs. They have been made in response to feedback received from the consultation exercise undertaken in 2017 as well as feedback from current Sponsor Licence holders and other Isle of Man employers.

Full details of the new immigration rules can be viewed on the Isle of Man Government website: www.gov.im/immigration

What changes will you as the employer notice?

Sponsor Licences

From 6 April 2018, an Isle of Man Employer wishing to recruit non-EEA nationals will no longer be required to become Licensed Sponsors. Existing Tier 2 sponsor licences will no longer remain in force.

Tier 4 and Tier 5 sponsor licences are unaffected by these changes, and will therefore remain in force.

Certificate of Sponsorships (CoS)

The Certificate of Sponsorship will be replaced by a Confirmation of Employment (COE).

An Isle of Man Employer will need to apply for a CoE for each non-EEA migrant they intend to recruit. There is no fee to apply for a CoE.

Visa applications received after 6 April 2018 will be assessed under the new Isle of Man Worker rules. Where that application is supported by a CoS, providing the CoS was not issued to the Sponsor more than 3 months before the visa application is made and meets the requirements of immigration rule 6.1(2), the Isle of Man Immigration Service will still accept it without requiring a CoE to be applied for.

Confirmation of Employment (CoE)

Visa applications made on or after 6 April 2018, will need to be supported by a valid CoE.

An Isle of Man employer can apply for a CoE by completing the 1 page application on the Government website and sending it to the Isle of Man Immigration Service for consideration.

Provided the application is successful the CoE will be issued to the prospective Worker Migrant. There is no application fee for this process.

When applying for a CoE, the Isle of Man Employer will continue to have to demonstrate they have met the Resident Labour Market Test.

An Isle of Man Employer will need to apply for a CoE in the following circumstances:

    • Whenever a visa application for entry clearance is made under the Worker Migrant route
    • Whenever a visa application for leave to remain is made under the Worker Migrant route (even if the applicant’s most recent valid visa was a Tier 2 visa)
    • Whenever there is a change in employment circumstances for the Worker Migrant (even if the applicant’s most recent valid visa is a Tier 2 visa)

Information on the CoE and new worker migrant route can be found on the Isle of Man Government website: www.gov.im/immigration

What changes will the Tier 2 visa holder notice?

Tier 2 visas will remain valid after 6 April 2018 with Tier 2 visa holders being deemed as either a Worker Migrant or a Worker (ICT) Migrant. Therefore no action is required initially by the holder of a Tier 2 visa.

Where the holder of a Tier 2 visa applies to extend their leave, an application will be made under the new Worker Migrant route. Application forms and guidance notes are on the Governement website www.gov.im/immigration. At the time of making that application, you as the Isle of Man Employer, will need to apply for a new CoE for that individual.

A non-EEA national will need a CoE from their Isle of Man Employer in the following circumstances:

    • When they make a visa application for entry clearance under the Worker Migrant route
    • When they make a visa application for entry clearance under the Worker (ICT) Migrant route
    • When they make a visa application for leave to remain under the Worker Migrant route (even if the applicants most recent valid visa was a Tier 2 visa)
    • When they make a visa application for leave to remain under the Worker (ICT) Migrant route (even if the applicants most recent valid visa was a Tier 2 ICT visa)
    • Whenever there is a change in employment circumstances for the Migrant Worker e.g. Change of salary, change of job role (even if the most recent valid visa is a Tier 2 visa)

The holder of a current Tier 2 visa will only have to apply to renew their visa when their current visa is due for expiry or if they move to a job in a different employment sector.

Action required by you as an employer

These changes affect both you as the Isle of Man Employer and your Tier 2 employees.