Immigration & Work Permits
“Isle of Man workers” – work permit system – short working visits – overseas workers (other than Common Travel Area) – worker migrants – intra-company transfers – business migrants: innovator and start-up routes
CTA and work permits
The Isle of Man forms part of a Common Travel Area (CTA) with the UK, Republic of Ireland and Channel Islands. This, in effect, is an “open borders” zone for travel but does not confer rights to work or reside. In practical terms, whilst border checks are usually carried out at the first point of entry to the CTA it means that there are no routine passport controls when travelling between the UK, Ireland and Channel Islands.
For those travelling to the Isle of Man from outside the CTA and, in any event, for those not only wishing to visit but to work and live in the Island, there are additional immigration and work permit considerations.
The Isle of Man has a work permit system under which (subject to some sectoral and other derogations) a person who is not an “Isle of Man worker” needs a work permit to be lawfully employed or self-employed in the Island. The legislation also makes it unlawful for an employer to engage someone to work other than under a work permit, or in accordance with the permitted carve outs, where they would otherwise need to hold one.
An “Isle of Man worker” is someone who meets one or more of the conditions in section 4 of the Control of Employment Act 2014. The definition includes:
- someone who was born in the Isle of Man;
- a person who has been ordinarily resident in the Island for an unbroken period of 5 years;
- the spouse or civil partner of an Isle of Man worker;
- a person whose parent or grandparent was born in the Isle of Man and lived in the Island for his or her first 5 years; and
- a person under 23 who has been in full-time education for a period of a year or longer, who during that time was ordinarily resident and has continued to live in the Isle of Man, and whose parent is either an Isle of Man worker, someone exempted from holding a work permit but in full-time work, or the holder of a work permit.
NB This is not the complete list of situations in which an individual would qualify to be an Isle of Man worker.
If a work permit is required, an application must be made to the Department for Enterprise (DfE); there are application forms and related documents on the DfE’s website – link here. Routine cases are decided by staff of the DfE with a smaller number of cases referred to the Work Permit Committee (usually more complex cases where there are specific issues e.g. potential for a conflict or where the individual has a criminal record).
Since the object of the work permit system is to protect employment opportunities for Isle of Man workers, the employer will usually need to advertise the job and demonstrate that there are no suitable Isle of Man workers who have applied and to whom preference ought to be given over someone requiring a work permit.
In the case of short working visits by an individual who is not an Isle of Man worker, there are certain temporary exemptions and situations in which a work permit is not required. These include employment of up to 10 days per year of a temporary nature[1] (separate periods being aggregated) and an exemption for employment by a company incorporated in the Isle of Man which is part of an international group of up to 48 days per year, subject to certain exclusions and reporting requirements. The DfE may also grant administrative exemptions for temporary employment exceeding 10 days where it considers there is a good reason to do so and it will not materially affect the prospects of Isle of Man workers.
Where an individual holds a relevant immigration employment document (e.g. certain types of visa – see next section) they will not also need a work permit.
Work visas
For the purposes of business immigration into the Isle of Man from outside the CTA, there are three main routes currently – the worker migrant route, intra-company transfer and business migrant.
The worker migrant route is for workers who are not British or Irish citizens who have been offered a skilled job in the Isle of Man. Typically, this visa category will apply where an employer is seeking to fill a permanent vacancy but there are no suitable “settled” workers from whom to recruit. This will need to be demonstrated by the employer carrying out a “local labour market test” which involves advertising the role that, in itself, will need to meet certain criteria as to the type of work and minimum salary. Visas granted in this category will generally be for 3 years with the ability to renew for up to a further 3 years (by which time the individual may have built up rights to apply for indefinite leave to remain (ILTR)).
The intra-company transfer (ICT) visa enables multinational employers to deploy existing employees from outside the EEA to work in an Isle of Man branch for training purposes or to fill a specific vacancy. This route does not lead to ILTR, though it is possible (subject to meeting the criteria) to switch later into the worker migrant route at which point rights towards ILTR may start to accrue. There is no English language requirement or local labour market test for this immigration category.
For both worker migrants and workers being transferred to the Isle of Man under the ICT route, the immigration steps begin with the employer obtaining a confirmation of employment from the Isle of Man Immigration Service.
The Isle of Man also offers a business migrant visa for entrepreneurs and business people wishing to relocate and either join an existing business or set up a new business in the Island. There are two sub-categories of this route – “innovator” (requires £50,000 investment in the business) and “start-up” (for individuals and graduates with less business experience – no initial investment required). In either sub-category, the applicant will need to prepare a detailed proposal showing how the venture will be undertaken. The DfE will consider the business plan and, if satisfied that there is a good case for starting or developing the business in the Island, issue a letter of endorsement.
Once a confirmation of employment or letter of endorsement is issued, the relevant individual will need to apply for entry clearance in order to be admitted to the Isle of Man lawfully and start working. This is done initially through UK Visas and Immigration with the case then being referred to the Isle of Man Immigration Service for consideration.
The tests and criteria for obtaining a visa entitling the holder to live and work in the Isle of Man can change and require specific analysis of the applicant’s situation, therefore advice tailored to the circumstances is recommended. Amongst other things, the applicant may need to demonstrate English language skills, produce a medical certificate proving that they have undergone screening for certain medical conditions (depending on their country of origin), show that there is funding in place to cover their living expenses during the initial part of their relocation to the Isle of Man plus the role will usually have to meet the minimum prescribed salary. Other factors may, additionally, need to be brought into reckoning especially if there is an expected start date for the worker that the employer has in mind. Quite often, a number of months will be required to plan and implement the immigration steps bearing in mind that the processing times for entry clearance applications, in particular, can add weeks and months to the timeline.
When renewing work permits and visas or varying immigration permissions, it is also recommended that legal advice be taken in good time before the expiry of the current visa/permit and immediately if circumstances change that may affect the validity of an existing authorisation.
A very brief, high level, summary of the main work visa types is included below.
| worker migrant | intra-company transfer | business migrant | |
| overview | for skilled workers (not British or Irish citizens) to work for an Isle of Man employer – NB minimum salary applies, no third party working | must be aged over 16, employment to be with branch of multi-national employer for training purposes or to fill a specific vacancy | for migrants looking to establish or take over an existing business, requires letter of endorsement from the DfE |
| local labour market test? | usually, yes | no | no, but business proposal has to complement (not compete) with local offering and has to be “scalable” (if application is based on setting up a new business) |
| counts for indefinite leave to remain | yes, generally need 5 years | no (but may later be able to switch to worker migrant provided all the requirements for that route are met) | yes via innovator route (need 3 years), not for start-up but can switch into innovator if eligible |
| self-employment permitted? | no | no | yes |
| additional employment possible? | yes, in some circumstances & can volunteer and study | yes, in some circumstances & can volunteer and study | yes, but the migrant must show that they are playing an active role in the day to day management of the business established in the Isle of Man |
| English language requirement? | yes | no | yes |
| investment/personal funds required | visa fee (no separate charge for confirmation of employment), evidence of financial support needed | visa fee (no separate charge for confirmation of employment), evidence of financial support needed | initial fee for letter of endorsement, must also demonstrate funds available to live off, £50,000 minimum investment for innovator route (unless progressing from start-up) |
________________________________________________________________________________
Reference:-
[1] Some sectors such as construction and mobile catering are excluded.
_______________________________________________________________________________
Useful Resources:
https://www.gov.im/media/1384372/2024-06-19-work-permits-guide-june-2024.pdf
https://www.iomdfenterprise.im/media/1krpryyr/iom-dfe-business-migrant-endorsement-web.pdf
Content Type
InsightExpertise
Immigration & Right to WorkRelated Content
Topics
B
H
K
N
P
Q
U
X
Y
Z