How much does a permit cost, and who has to pay it?
A fee is payable on submission of an application. The fee is usually paid by the employer.
How long does a permit take to process?
The Department aims to process 80% of correctly completed work permit applications will be processed within 10 working days of receipt. An application referred to the Work Permit Committee is likely to take longer.
I am a national of the European Economic Area (EEA) thinking of moving to the Island; do I need a work permit?
EEA nationals are normally free to move to the Isle of Man and take up residence without the need for permission. However, an EEA national wishing to take up employment (including self-employment) must obtain a work permit, unless he or she is an Isle of Man worker or the employment is exempt.
I am not an EEA national; do I need a work permit to work in the Island?
- Non EEA nationals are generally subject to controls related to their visa conditions under immigration law and if they hold an immigration employment document they will not require work permits in addition. However, some non EEA nationals will require a work permit to work in the Island.
- For further information please see section 3 of a Guide to Work Permits.
I am an employer and have been asked to supply copies of applicants' CVs, which are confidential documents; do I have to supply them?
If requested by the Department, redacted CVs of all applicants for the post must be submitted in order to establish whether any suitable Isle of Man workers applied for the position. Such a disclosure of personal data is permitted by the Data Protection Act 2002.
Can I start work without a work permit?
If you are not an Isle of Man worker, the employment is not exempted, or you do not hold an immigration employment document then you must not work in the Isle of Man except in accordance with a work permit.
I am changing jobs and currently hold a work permit; do I need a new work permit?
Subject to limited exceptions whereby the Department may agree to vary a permit (see section 1.15 of a Guide to Work Permits a work permit is limited to a specified employment by a specified employer. An employee may not take up employment with another employer without a new work permit.
I am hoping for a change of job with my current employer. Does my employer need to apply for a new permit and advertise the position?
A work permit is limited to a specified employment by a specified employer. An employee may not take up a different job with the same employer, without a new work permit, and the same procedures must be followed (including advertising, where appropriate) as before.
There are two exceptions:
if you hold a spouse/civil partner permit (which is not limited to any particular employment or employer); or
the limited exceptions whereby the Department may agree to vary a permit (see section 1.15 of a Guide to Work Permits).
I have to move a pregnant employee due to health and safety concerns; do I need a new work permit?
No. Where a woman is suspended from work on maternity grounds because of a statutory requirement or a relevant recommendation in a code of practice issued or approved under section 16 of the Health and Safety at Work etc. Act 1974 (as that Act has effect in the Island) she may be employed by the same employer in suitable alternative work without the need to apply for a new permit.
Can a permit be renewed?
If the employment is to continue past the date of expiry of the work permit, the employer (or self-employed person) must apply for the permit to be renewed. It is not necessary to fill out a new application form; the permit includes a renewal form which can be sent to the work permit office. (see Apply for or renew a work permit) .
An application for renewal must be made not less than 28 days before the expiry of the permit. A fee of £60 is payable for each year, or part thereof, that the permit is requested for (see further at Fees).
What are the penalties for not complying with the legislation?
It is a criminal offence for a person who is not an Isle of Man worker to work in the Island, or for a person to employ any person who is not an Isle of Man worker in the Island. Such an offence may be punished by custody for up to 3 months or a fine of up to £5,000, or both.
It is also an offence, punishable by custody for up to 6 months or a fine of up to £7,500, or both, knowingly or recklessly to make a false statement to obtain a work permit.
It is also an offence to:
fail to comply with a condition attached to an exemption or to a work permit, with a maximum fine of £1,000.
I have a work permit, issued prior to October 1 2015, and it is now due for renewal. Do I have to reapply under the new legislation?
No, you can renew your permit under the terms of the 1975 legislation using our online service. This transitional arrangement will remain in place until 31 December 2016 and it allows you to renew your permit once, for a period up to when you qualify as an Isle of Man worker, upon payment of the appropriate fee. Or, if you wish, you could renew for a shorter period, and upon completion of the term of that permit, you will need to reapply under the new legislation.
When does the Work Permit Committee meet?
The Work Permit Committee normally meets twice a month, on the second and fourth Wednesdays (although other days can be used depending upon members’ other commitments. Meetings can be more frequent or less frequent depending upon business needs. Please note that not all applications are referred for the Committee’s personal consideration.
The scheduled date of the forthcoming meeting is:
- Wednesday 18 January 2017
- Wednesday 1 February 2017
- Wednesday 15 February 2017
- Thursday 2 March 2017
- Wednesday 15 March 2017
- Wednesday 29 March 2017
I have been convicted of an offence since being granted a spouse/civil partner permit. How might this affect my permit?
If the conviction is of a kind falling within section 10 of the 2014 Act (see criminal records) then you must notify the Department of your conviction and your spouse/civil partner permit will be revoked. In such circumstances you could apply for an ordinary work permit, although the conviction would be taken into consideration.
If the conviction does not fall within section 10 then your spouse/civil partner permit will not be affected.
My employment is exempt from the requirement for a permit but I have recently gained a conviction. Can I continue to work?
If the conviction is of a kind falling within section 10 of the 2014 Act (see criminal records) you will no longer be entitled to continue to use the exemption and your continued employment would be unlawful. In such circumstances you could apply for an ordinary work permit, although the conviction would be taken into consideration.
If the conviction does not fall within section 10 then you and your employer may continue to rely upon the exemption.
What is 'full time education' for the purpose of obtaining Isle of Man worker status?
Your educational establishment should be able to provide written confirmation as to whether any course undertaken is 'full time' or not.
English is not my first language; will I be refused a work permit?
No. Your ability to speak English is something that the Department may take into account when considering your application. However, not speaking English as your first language is not as a sufficient reason for refusing to grant a permit.
My employment was lawful under the Control of Act 1975 but will not be under the 2014 Act. What is my position?
If you were employed immediately before 1st October 2015 and your employment was lawful at that time but would cease to be lawful under the 2014 Act then your employment will continue to be lawful as long as you remain in the same employment.