ICT and e-business

Work permit exemption covering certain employments in Information and Communication Technologies (ICT) and e-business

As of 1 March 2016 a person who is employed or seeking employment in certain Information and Communication Technologies (ICT) and e-business (including e-gaming) roles is exempt from the usual requirement for a work permit under the Control of Employment Act 2014. The exemptions were introduced by the Control of Employment (Amendment) Order 2016 , which was approved by Tynwald in February 2016.

The exemptions only apply to employment of at least 12 months’ duration and the salary, excluding bonuses, must be at least £25,000 a year.

The exemptions apply to (i) European Economic Area (EEA) Nationals and (ii) persons from outside the EEA whose visa does not restrict them from taking up the employment in question..

Information and Communication Technologies

Information and Communications Technologies means the use of digital technology as a central part of the development, manufacture or delivery of a product or service.

In addition to meeting the duration and salary requirements set out above a person claiming an exemption in ICT must:

• have a minimum of 3 years’ experience in an ICT role; or
• hold a computer science degree; or
• hold a technical or vocational ICT-related qualification at Level 5 of the Regulated Qualifications Framework* or the European Qualifications Framework** or equivalent; or
• be able to demonstrate competency at Level 5 or above of the Skills Framework for the Information Age***.

e-business (including e-gaming)

'e-business' means the supply or delivery of goods and services primarily by electronic means using the internet or similar electronic networks and includes e-gaming.

In addition to meeting the duration and salary requirements set out above a person claiming an exemption in e-business must have:

• a minimum of 2 years’ experience in an e-business role
• advanced mathematical, statistical or data analysis skills
• extensive knowledge of e-business systems, tools or established processes.

Condition 1: criminal convictions

None of the above exemptions apply to a person has been convicted of an offence and sentenced (anywhere in the world) to a term of custody where;

• the sentence is excluded from rehabilitation by section 2 of the Rehabilitation of Offenders Act 2001 (e.g. custody for a term exceeding 30 months)
• the conviction is not a 'spent' conviction for the purposes of that Act
• the employment in question is excluded from the operation of that Act (e.g. doctors, accountants).

For further information see 'Criminal Records'.

Condition 2: record keeping

The employer must provide the Department with a return in writing not later than 31 January each year, giving, in respect of each exempt person, the following information:

• the person’s name
• the person’s national insurance number
• the person’s job title
• the person’s salary, excluding bonuses, and
• whether the person is still employed.