The new Immigration (Amendment) Bill and Regulations 2021 will establish a Registered Employers Scheme (RES) to enable employers and Customs & Immigration (C&I) to work together to manage the migrant working population of the Islands.
All employers who wish to employ migrant workers must be registered on the RES, whether they are a sponsor bringing new workers from overseas, or employing migrant permit holders already in the Islands. No employer will be able to employ migrant workers (either paid or as volunteers) unless they participate in the RES, which is the key enabler behind the “one person – one permit” system.
Employer duties are detailed in the Regulations and feature a range of reporting and other administrative requirements. These include the need to notify C&I when employing a temporary worker, when the worker leaves their employment, and any changes to the worker’s job details or their personal circumstances. Employers taking on migrant workers who are already in the Falklands must satisfy themselves that their new employee has an existing valid permit which allows them to do the work they are employed to do.
All registered employers will be expected to keep up-to-date information on all of their migrant workers, whether they are the sponsor or a secondary employer. Employers will also have to keep records to show that roles have been advertised in accordance with the published policy, to ensure that protection for the local employment market is maintained. These requirements are not entirely new and could be considered a core part of efficient business administration; the only difference is that the new duties will be a legal obligation.
Registration will be simple and straightforward, there is a short form to complete and employers will not be charged for registration. FIG will provide detailed guidance on the new requirements and will work with employers to ensure these are clearly understood.
Employers who persistently breach the Regulations should expect FIG to take enforcement action, which could include prosecution, and may result in an employer being removed from the Register, meaning that they can no longer employ temporary permit workers.
The part of the Regulations pertaining to the RES will be brought into force before the enforcement provisions, to give employers time to register and become familiar with the scheme. FIG will work with the Falkland Islands Development Corporation (FIDC) to ensure the potential impact of the changes, particularly on smaller employers, is appreciated. FIDC can also offer independent help and advice on registration. Ahead of the launch, details of the scheme, guidance and forms will be available via the C&I section of the FIG website and the FIDC website. These can be found by visiting www.fig.gov.fk/customs/ and www.fidc.co.fk Launch date is to be confirmed.