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Permission To Continue To Work

Untitled DocumentPermission to continue to work (PCW) is a legal facility that allows persons who have applied for permanent residence to continue working until their application (and any subsequent appeal) is decided. The facility is provided for in section 52(4) of the Law:

(4) Subject to subsection (5), where a person is eligible to apply and has applied for permission to reside permanently in the Islands under section 30 during the currency of a work permit, a Term Limit Exemption Permit or whilst working by operation of law under section 52A(11) he may apply to the Chief Immigration Officer for permission-

(a) to continue working on the same terms that applied to the work permit, the Term Limit Exemption Permit or those that applied to his working by operation of law; or

(b) to work for a different employer but in the same occupation as that in which he was authorised to work at the time of making the application, and such permission may be granted or renewed until such time as his application or any appeal arising from it is determined.

Basic rule: to be eligible to apply for permission to continue to work (PCW) a person must have applied for permanent residence (having been eligible to do so) during the currency of a work permit.

Important: The holder of permission to continue work is only allowed to work in the same occupation as that in which he/she was authorized to work at the time he/she applied for permanent residence. Although permission to continue work may be varied to add or remove a dependant it cannot be varied to change occupation.

The PCW application form may be obtained here.


* A WOL still exists and is the facility used by persons who wish to appeal a decision on a Work permit application.