Permission to Continue to Work (PCW) FAQs
- To be eligible for permission to continue work (PCW) a person has to have applied for permanent residence (PR) during the currency of a work permit. Does this have to be their final work permit?
- No. The law does not require that it is their final work permit. It can be any work permit.
- Can a person apply for a PCW after their final work permit has expired?
- Yes. A person can apply for a PCW at any time provided that the eligibility requirement is met, i.e. they have applied for PR during the currency of a work permit. Note though that the person may not have the right to work between the expiry of the work permit that was in effect when they applied for PR and the grant of the PCW.
- If a person applies for PR at a time when they do not have a work permit, are they entitled to apply for a PCW?
- No. To be eligible to apply for a PCW they must have applied for PR during the currency of a work permit.
- How long can a PCW be granted for?
- Until the PR application or any subsequent appeal has been decided, six months at a time.
- Who applies for the PCW, the PR applicant or the employer?
- The person who has applied for PR is the applicant.
- What does a PCW authorize a holder to do?
- To continue to work on the same terms that applied to the work permit he was holding at the time he applied for PR or to work for a different employer but in the same occupation as their last work permit.
- Can a PCW be varied?
- Yes. The Chief Immigration Officer can vary a PCW to add or remove a dependant. Important: a PCW cannot be varied to change the holderís occupation.
- What happens to a PCW when the holderís PR application has been refused, or an appeal against the refusal has been dismissed?
- If a personís PR application is refused, and he has not appealed against the refusal, he is entitled to continue receiving permission to continue to work for a period of 90 days from the date of the refusal communication to him. In practice, if on the date the refusal has been communicated to him he has less than 90 days to run on his PCW it will be extended to bring it up to 90 days. But if he has more than 90 days to run on his PCW he will be allowed to enjoy the full remaining period. In both cases, once this period is up he must leave the Islands and cannot be granted a work permit for at least one year after his departure.
If a personís PR application is refused, and he has appealed against the refusal but the appeal is unsuccessful, then the 90 day period will start on the date that the dismissal of his appeal is communicated to him unless he has made a further appeal to the Grand Court. If there is a further appeal to the Grand Court, and it is dismissed, then the 90 day period would start on the date of the court order.
- If a person applies for the renewal of their PCW after the expiry of their previous permission can they continue to work while awaiting the decision on the renewal?
- No. There is no ability to continue working while awaiting the renewal of the PCW. Persons should therefore be sure to allow enough time for the renewal to be processed before the expiry of their current permission. We ask that an application is made at least 5 working days before the expiry of the current PCW.