Jersey resident discriminated against by government decision to reset his status

Jersey government's decision to reset an islander's residency status was discriminatory, a States' Complaints Board has found.

Rizwan Ahmad moved to Jersey in 2015 and took unpaid leave from work in August 2018 to look after his mother in Pakistan after she had a stroke.

He returned to Jersey at the start of February 2019 to resume work as his employer had kept the job open.

Mr Ahmad then contacted the island's Customer and Local Services (CLS) in October 2020 to receive his Entitled for Work status after completing five years residency.

However, he was told that because of that time off-island in Pakistan, his status had been reset.

Mr Ahmad appealed to the team manager, CLS and then to the Housing and Work Advisory Group (HAWAG), which is chaired by Jersey's Deputy Chief Minister, Senator Lyndon Farnham.

The appeal was unsuccessful and Mr Ahmad lodged a complaint.

A States' Complaints Board hearing was held on 28 July 2021 and can now be made public.

They agreed with Mr Ahmad that there was "no public benefit" in resetting his residency status.

They added he had "no choice" but to leave due to personal circumstances and he had always planned to return.

The board say they were "concerned to learn that it is rare for appeals for applications for Entitled to Work status to be heard in person" and that there are no exemptions for Licensed people leaving the island to care for someone - something which is considered under other licenses.

The board made a number of recommendations, including changing the appeals process to mirror planning appeals - where HAWAG members can first review the case, with any appeals then referred to Senator Farnham.

Discretion should apply to all cases and Mr Ahmad should be given the option to have his case reviewed in-person by Senator Farnham.