Currently, anyone who is not a permanent resident of the Falkland Islands, requires a visitor, work or residence permit to visit, work or live here. Under the new immigration regime, the main permit categories will now be: visitor permit, work permit, accompanying dependant permit, dependant permit, volunteer permit. These changes will provide more flexibility for people arriving in the Islands and each person will only be able to hold one permit at a time.
Visitor permit: Family visitors will still be allowed to stay up 12 months in a two-year period and non-family visitors can stay a maximum of nine months in a 12-month period. NOTE: In the first instance work permits must be applied for from outside of the Falklands. Visitors cannot apply for work permits from within the Falklands.
Work permit: This is ordinarily valid for the length of an individual’s contract and is specific to their job and employer; the maximum term for a work permit will remain at four years.
Accompanying dependant permit: Everyone accompanying a work permit holder will need this permit and will be able to do work included on the Workforce Shortage List (WSL) without the need for a separate permit.
Dependant permit: Dependants of people with a Permanent Residence Permit or Falkland Islands Status will require a dependant permit and will be able to undertake employment, in any role, without the need for a separate work permit.
Volunteer permit: Applicants must be sponsored, their sponsor must participate in the Registered Employers Scheme and vacancies must be advertised. Visitors will still be able to do voluntary work for charities, but it must not be the primary reason for their visit.
Under the new system there will no longer be a residence permit. People who currently hold residence permits will be moved across to whichever new permit type is most appropriate for their situation. Provisions will be in place to ensure a smooth changeover.
The main changes under the new immigration permit regime relate to employment within the Falkland Islands. Each applicant for a work permit must continue to meet the following criteria: satisfactory completion of the application form, proof of suitable accommodation arrangements, satisfactory criminal records checks and medical clearance.
Employers will also continue to be required to meet specific conditions: ensure vacancies are advertised locally, satisfy Customs & Immigration (C&I) that there are no permanent residents who meet the essential criteria and are available to work, and agree to meet the full repatriation costs of applicant and their dependants.
Currently, work permit holders (who make up approximately 30% of the population) who would like to take a second or third job, must obtain a separate work permit for each job.
These are jobs which cannot be filled by permanent residents, but the administrative and bureaucratic steps for the employee, the employer and C&I, mean these positions are not filled as efficiently as they could be – the Immigration (Amendment) Bill will address this.
The Bill proposes the establishment of a new Registered Employers Scheme (RES) to enable employers and C&I to work together, in order to manage and monitor the temporary working population of the Islands. Employers will be required to notify C&I when employing a migrant worker and maintain records of everyone they employ, they will also have an obligation to inform C&I of any changes involving migrant employees. When employing a permit holder already present in the Islands, it will be the duty of the employer to ensure that the worker has a valid permit.
Under the new immigration system, permit holders can have more than one job, but will only require one permit. The compulsory advertising of roles and the need for employers to satisfy C&I that it is necessary to employ a migrant, will ensure that protections for locally qualified people will remain in place.
Finally, the Workforce Shortage List will play a significant part in the new system. It is a record of job roles where a labour shortage has been identified and is compiled biannually by the Skills Assessment Council (SAC), before being approved by Executive Council. The SAC was created in 2014 to identify the areas of significant and consistent labour shortages which could lead, if not addressed, to negative impacts on the economic growth of the Islands. It is chaired by the Director of Policy and Economic Development, and has a wide membership including government, private sector, and community representatives.
These changes will ensure that the Falkland Islands’ immigration system is fit-for-purpose and will be able to meet the current and future needs of the Islands, while safeguarding the employment opportunities for the permanent population, they will be brought into effect by the end of 2021.