IMMIGRATION AMENDMENTS 2021 – PUBLIC BRIEFINGS - FAQs                           28 June 2021

Between July and September 2021, the Falkland Islands Government will be introducing a new and improved immigration regime for the whole of the nation. These changes will ensure that we have a more efficient and effective system to protect local employment opportunities and respond to the development ambitions of the Islands.

Ahead of these changes, the government held a series of public information sessions in May and June in Stanley and Camp, in order to explain how these changes will work in practice as well as to offer people the opportunity to ask questions.

The sessions were well attended and, as a result, a new set of frequently asked questions has been compiled which respond to the queries that were raised at each event.

 

CHANGES TO THE PERMIT SYSTEM

  • What permits will a person need in order to work in the Falkland Islands?

There will be three types of permit: Work Permit, Accompanying Dependent Permit (ADP) and Dependent Permit (DP). People will only be able to hold one of these permits at a time.

ADP is a new permit type and is for the dependents of Work Permit holders. DP is also a new permit type which is for dependents of people with ‘right of abode’ in the Falklands – either Permanent Resident Permit (PRP) or Falkland Islands Status.

  • So, every permit holder will only have to hold one permit, even if they have multiple jobs?

Yes, it will be one permit for one person and they can undertake multiple jobs with that permit. This system will be managed through close collaboration between local employers and the Customs & Immigration team, and will be supported by the creation of a Registered Employer Scheme.

  • How long does a permit last for?

Work Permits, ADPs and DPs can all be issued for up to 4 years.

  • What will happen to those currently holding Residence Permits when the new permit system comes into force?

People will move across to whichever new permit is most appropriate for their situation. Current residence permits will not be cancelled and can run the length of their duration if required.

  • Are the prices for permits changing?

No, the price will be £23 for adults and £13 for those under 16. Accompanying dependents of work permit holders will now need their own permits, however on the other hand multiple work permits for those holding multiple jobs will no longer be needed.

  • When do things change?

The Immigration Amendments 2021 come into force on 1 September 2021; ahead of this, parts of the new regulations relating to employers will come into effect on 1 July 2021 to allow them to register on the Registered Employer Scheme.

  • Is the government aware of the possible disruption that the new system may introduce?

Yes, but although change can be disruptive, the new system is designed to make the permit system simpler. We have already begun a series of widescale communications and engagement activities to publicise the changes and this will continue up to 1 September. Information will also be available on the Customs & Immigration website: www.fig.gov.fk/customs

 

WORK PERMITS AND SPONSORSHIP

  • If there is only one permit, which employer signs the undertaking for that permit?

The primary employer or sponsoring employer must sign the undertaking.

  • What if you’re already in the Islands and are not sponsored?

All permits that allow work require a sponsor and will not be issued without one and sponsorship is required in order to remain in the Falklands.

  • Where do you stand as the primary sponsor when your employee goes off and also works for multiple other people?

This is a contractual matter between the employer and employee.

  • Are the 9-month work permits changing?

No, work permits will still be available for up to 9 months. The individual will be able to complete a medical self-declaration and must hold medical insurance for the duration of their stay. No accompanying dependents are allowed.

  • Do jobs need to be advertised if you wish to employ someone with a Dependent Permit?

Yes, all jobs must be advertised before any temporary permit holder is taken on and Dependent Permits are only valid up to 4 years. The prospective employer must keep details of the advertising and be ready to demonstrate this to Customs & Immigration.

 

PERMANENT RESIDENCE PERMIT (PRP)

  • If I have PRP, what does my partner need in order to work?

A Dependent Permit (DP) would be appropriate for the partner of someone with PRP. However, they would also be able to apply for a Work Permit should they wish.

  • What are the benefits to the individual in having PRP?

The main benefit would be knowledge that their employment is not dependent on having a temporary permit, this gives a level of job security. There are also other benefits such as the ability to purchase property or land without the need to hold a separate license, and access to free further education after a qualifying period.  

  • How will this change things for those living in Camp?

The intention of these PRP changes is to protect and encourage the growth of the Camp population. Points are now available if an applicant’s primary employment is in Camp, also now that the Workforce Shortage List is being used in the process, PRP points are available for farm workers as well as shearers.

  • PRP points are awarded to those with the South Atlantic Medal, could points also be given to former members of the UK armed forces who have served here since 1982?

This is something which will be given future consideration as recognising the service of former members of UK armed forces in the Falklands is an important element of the PRP points system as it stands.

  • Why will PRP applications now be assessed monthly?

Rather than waiting for 3 months before assessing applications, the changes will allow them to be assessed each month, delivering a more efficient process and a quicker turnaround time for decisions.

  • When will the new PRP forms be available?

The new PRP forms will be available when the PRP Regulations 2021 take effect, which is on 1 September 2021.