In August 2013, the Falkland Islands Government (FIG) published the consultation document “Immigration Reform: An Immigration System Fit for the Future of the Falkland Islands”. The document contained proposals regarding possible changes to the immigration system to ensure that it is fit-for-purpose to meet the future needs of the Islands – including the need to address constraints on the labour market and other barriers to more permanent settlement in the Islands. The overall aim of the proposals was to ensure that the Falkland Islands has an immigration system that is efficient and effective to respond to economic development ambitions, robust in protecting the employment opportunities for those living permanently here and able to flex as the labour market requires it.
The consultation that followed sought to gather views on possible changes to the immigration system and gauge public opinion. It was carried out over two months and included a questionnaire, public meetings on East and West Falklands, meetings with the Chamber of Commerce, a live phone-in debate on Falklands Radio, and explanatory articles in the local newspaper. Participation and feedback was good with views given on areas such as visitors to the Islands, work permits, Permanent Residence Permits, and how the migrant population should be managed.
The Falkland Islands has a near zero unemployment rate and one in five people have more than one or multiple jobs. While this demonstrates the commendable work ethic of permanent residents and those choosing to make these Islands their home, it results in less capacity in the labour market to support not only current needs but also emerging opportunities. Additionally, permit holders currently require a separate work permit for every job they have – this leads to a heavy administrative and bureaucratic burden for the individual permit holder who has to make multiple applications, the employer, and the Customs & Immigration Service who have to process these applications. Ultimately, the current system is not as efficient as it could be in helping to build a sustainable future for the Falkland Islands. Also it does little to encourage and promote retention of skilled and educated workers, however wider policy work in the area of labour force development is underway and will complement the changes to the immigration ordinance.
Since 2013, work has been ongoing to improve the current Immigration Ordinance (1999), resulting in the Immigration (Amendment) Ordinance 2017 which was enacted but not brought into force. The 2017 Ordinance is now to be repealed, following further work to include new Immigration Regulations, developed to work alongside the Ordinance and to allow added flexibility when required. What is absolutely paramount is the needs of the Islands and Islanders. The proposed amendments will offer continued protection to the Islands’ permanent population – with compulsory advertising of roles and resident labour market tests maintained.
The Permanent Residence Permit (PRP) Regulations will be amended to include a revised points system and updated essential criteria and assessment. This follows feedback that those who make a substantial contribution to the community should be able to apply for PRP as they are more invested in Islands life. With this principle in mind, further PRP points will now be available for community engagement where a “substantial and sustained contribution” is identified. Feeding into this for the first time as a statutory element will be the use of the Workforce Shortage List (WSL) compiled annually by the Skills Assessment Council (SAC) and approved by Executive Council. PRP points will be available for roles included on the WSL.
These changes will support an immigration system that works for the Islands allowing employment vacancies to be filled and the local workforce to be protected.