This ‘third country’ status also extends to the Bailiwick’s personal data protection regime, which has been recognised as having ‘adequacy’ status by the European Commission since 2003 enabling personal data to be moved freely between the Bailiwick and EU Member States. This is of benefit to local businesses who rely on free movement of personal data. The EU is currently processing a revised adequacy decision based on the General Data Protection Regulation.
The Bailiwick has agreed to extend its recognition of the UK as an ‘authorised jurisdiction’ until the end of 31 December 2021, in the event that the EU does not grant the UK an adequacy decision by the end of 2020.
Immigration and mobility
The Common Travel Area (‘CTA’) is a long-standing arrangement between the UK, Bailiwick of Guernsey, Bailiwick of Jersey, Isle of Man and the Republic of Ireland, pre-dating the UK’s membership of the EU. Under the CTA, British and Irish citizens can move freely between, and reside in, these islands (subject to population management controls).
It was agreed early in the Brexit process that the current rights for UK citizens within the EU, and those EU/EEA/Swiss citizens living in the UK, would be protected after the UK had withdrawn from the EU. The Bailiwick’s respective EU settled status scheme to facilitate this process will take applications until 30 June 2021.
EU/EEA/Swiss citizens arriving in the Bailiwick from 1 January 2021 will need to apply for a work permit. The Committee for Home Affairs has combined the process of applying for an immigration work permit with the existing process to apply for a population employment permit. EU/EEA/Swiss nationals who have registered on the EU Settlement Scheme are exempt from this requirement. This deviation from the UK’s immigration policy will ensure that businesses are able to continue accessing the important EU/EEA/Swiss workforce for vital sectors such as hospitality and care homes.
In addition to the work permit, EU/EEA/Swiss nationals coming to the Bailiwick to work will have to apply for a visa, prior to travel. Applications must be made by the employee once the Population Management permit (or approval in principle) has been submitted through the (Guernsey) Population Management Portal. The visa application must be submitted through the UK Government’s online system.
Customs Arrangement with the UK
A Customs Arrangement, signed between the UK Government and States of Guernsey, on behalf of the Bailiwick, will provide that the Bailiwick will form part of a single British Islands customs territory and that common customs tariffs applicable to third countries are applied