Migration for Employment Convention (Revised), 1949 (No. 97) - Isle of Man

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the consolidated version of the Immigration Rules (SD No. 62/05) as amended and updated until October 2012. It notes that a Points-based System (PBS) for non-European Economic Area (EEA) nationals has replaced the Overseas Labour Service Work Permit Scheme. The Committee further notes that under the revised Immigration Rules those domestic workers who had been granted leave, as of 1 October 2012, to enter the Isle of Man to work full-time in a private household of an employer must now leave the Isle of Man at the end of six months or at the same time as the employer, whichever is earlier (section 159A(iii), (iv) and (vi) of the Immigration Rules). The Committee also notes the Government’s indication that the Department of Economic Development has consulted publicly on proposals for a new Control of Employment Bill and Regulations. With respect to domestic workers, the Committee also refers to its comments on the application of this Convention by the United Kingdom. The Committee asks the Government to clarify the underlying reasons for the changes in the Immigration Rules with respect to domestic workers in private households, and to provide information on the impact of the new PBS and the amendments to the Immigration Rules regarding domestic workers in private households on the principle of equality of treatment enshrined in Article 6 of the Convention. Please provide statistical information on the migration flows to and from the Isle of Man, disaggregated by sex and country of origin, as well as the sector of activity (with a distinction made between the number of domestic workers who have entered the Isle of Man before 1 October 2012, and those who have entered after this date). Please also provide information on any developments regarding the Control of Employment Bill and Regulations, as well as other policy changes and legislative measures relevant to the application of the Convention.

Article 6(1)(b). Equality of treatment. Social security benefits. The Committee notes the clarifications by the Government regarding the contributory benefits (funded wholly out of social insurance contributions) and the universal and income-related non-contributory benefits (funded wholly out of general taxation), which are in line with Article 6(1)(b) of the Convention. The Committee also notes that a person who is not an Isle of Man worker, and whose partner is not, may be entitled a contributory benefit that is income related if they can demonstrate that to deny them the benefit would be “exceptionally harsh or oppressive”. The Government also indicates that refugees lawfully staying in the Isle of Man are treated in the same way as Isle of Man nationals, subject to certain conditions. The Committee requests the Government to specify the social security benefit to which domestic workers in private households are eligible in general, and indicating specific distinctions, if any, between those domestic workers who were granted leave to enter the Isle of Man before 1 October 2012, and those after this date.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s clarification that once a migrant has been granted indefinite leave to remain on the island, he or she may continue to live permanently in the Isle of Man, including in the situation where the migrant worker is no longer able to work following illness or injury. Recalling the Department of Trade and Industry’s decision to expand the list of circumstances under which a work permit may be revoked, the Committee asks the Government to confirm that the indefinite leave permits granted to the categories of workers covered by the Immigration Rules (holders of a work permit for employment, highly skilled workers and domestic workers in private households who have entered the island before 1 October 2012, religious workers and workers with Isle of Man, United Kingdom or Channel Islands ancestry) cannot be revoked, even if they, as a result of the incapacity to work due to illness contracted or injury sustained find themselves without means of support. The Committee further asks the Government to provide information on any developments in law or in practice with respect to the circumstances under which work permits can be revoked.

Enforcement and practical application. The Committee notes the Government’s indication that the PBS for leave to entry or remain on the Isle of Man includes the registration of the employers who sponsor migrant workers. The Isle of Man has also introduced new powers to the inspection officers to inspect the employer’s premises and relevant records held by employers, and to impose sanctions, if compliance issues are identified. The Committee requests the Government to provide information on the nature and number of violations detected by the bodies entrusted with the enforcement of the relevant legislation particularly as regards equality of treatment, and the sanctions imposed. Noting that section 159A(v) of the Immigration Rules requires employers of domestic workers to respect the Minimum Wage Act, 2011 (of Tywald), the Committee also requests the Government to provide specific information on the activities of the labour inspection officers to ensure the effective enforcement of the Minimum Wage Act with respect to domestic workers in private households. Please continue to provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Information on national policy and legislation. The Committee notes from the Government’s report and attached documentation that the current work permit system has undergone a review and that the Department of Trade and Industry (DTI) has made recommendations to improve work permit process and procedures. The Committee asks the Government to keep it informed of any policy changes and legislative amendments to the work permit legislation and administration and their impact on the application of the Convention.

Article 6(1)(b). Equality of treatment: Social security benefits. The Committee notes that one of the recommendations resulting from the Work Permit Review is to extend the qualifying period for Isle of Man worker status from five to ten years, the primary aim of this being to facilitate the granting of longer permits without Isle of Man status. The DTI indicates that, once a worker attains Isle of Man worker status, he or she becomes eligible for all social security benefits. The Committee recalls that Article 6(1)(b) of the Convention provides for equality of treatment between nationals and migrant workers lawfully in the country with respect to social security. While the Convention permits exceptions to the equality of treatment arrangements in the situations set out in subparagraphs (i) and (ii), it does not allow for the automatic exclusion of any given category of migrant workers from social security benefits. The Committee further recalls that the Convention covers all migrant workers, both those with permanent or temporary residency status (paragraph 431 of the General Survey of 1999 on migrant workers). The Committee asks the Government to specify the social security benefits to which nationals, migrant workers with Isle of Man worker status and temporary migrant workers are eligible, respectively.

Article 8. No return in the case of incapacity of work. The Committee notes that pursuant to the immigration rules, as amended (SD 62/05), indefinite leave to remain on the island may be granted holders of a work permit for employment (sections 131(iii), 134(ii)), highly skilled workers (sections 135A(iii) and 135G(ii)), domestic workers in private households (sections 159A(vi) and 158(G)(ii)), religious workers (sections 170(iv) and 176(ii) and persons with Isle of Man, United Kingdom or Channel Islands ancestry (186(v) and 192(i))  provided that they have spent a continuous period of five years in the Isle of Man in this capacity and have had the ability throughout this five year period to maintain and accommodate themselves and any dependants adequately without recourse to public funds. The Committee further notes that, pursuant to section 257(ii), nationals from the European Economic Area (EEA) and their family members who have ceased to be employed owing to permanent incapacity for work arising out of an accident at work or occupational disease or (after two years) owing to permanent incapacity of work may be permitted to remain in the Isle of Man indefinitely. Finally, the Committee notes that one of the recommendations in the final report of the review of the work permit legislation and administration, 2007, and the DTI response to the Work Permit Review is to amend the Control of Employment Regulations, 1993, and the Control of Employment Act to expand the list of circumstances under which a work permit may be revoked. The Committee recalls that Article 8(1) provides for the maintenance of the right to residence in case of incapacity of all migrant workers admitted on a permanent basis. The Committee refers to paragraph 604 of its General Survey of 1999 on migrant workers in which it points out that revoking permanent or indefinite residency permits if the individual becomes a burden to public funds or if it appears that the holder is not able to maintain himself or herself or his or her dependants, is contrary to the Convention. Recalling that security of residence of permanent migrants and members of their families in the case of ill health or illness constitutes one of the most important provisions of the Convention, the Committee asks the Government to indicate how the right of residency of migrants with indefinite leave to remain on the island is maintained in the event of incapacity for work, when as a result the worker risks finding himself or herself without means of support. The Committee also asks the Government to keep it informed of any developments in law or in practice with respect to the circumstances under which work permits can be revoked.

Enforcement. The Committee notes from the information provided by the Government that the labour inspections services have difficulties in enforcing the relevant legislation concerning immigration. The Committee recalls the importance of establishing effective mechanisms to ensure the application of the Convention, especially the principle of equality of treatment, given that migrant workers may not be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. The Committee requests the Government to provide information on any practical measures taken to ensure the effective application of the Convention, including measures designed to improve the capacity of the labour inspectors to enforce the relevant legislation and the provisions of the Convention. Please provide information on any judicial or administrative decisions involving questions of principle relating to the application of the Convention as well as on any violations detected by the bodies entrusted with the supervision of the application of the Convention, particularly as regards equality of treatment.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the brief information supplied by the Government. It would appreciate receiving detailed information on the practical application of the legislation giving effect to the Convention. The Committee also would be grateful if the Government would include in its next report statistics on the number of persons migrating for employment to and from the Isle of Man.