Where the setting up of a new business operation involves the establishment of a physical business presence in Jersey, various consents are required before commencing trade. The objective of these consents is broadly to ensure that the proposed new business meets Jersey's criteria in terms of regulatory standards and economic benefit. It is also to safeguard the island's quality of life by ensuring that the new business aligns with Jersey's overall strategy of attracting 'low footprint', high value business to the island.

In addition to any consents and permits required from the financial regulator (JFSC), the following key factors should also be considered by persons looking to establish a new business in the island.

Work Permits in Jersey

Whilst work permits are not required for persons from EU Member States, other employees from outside the island will require a work permit under the Immigration (Work Permits) (Jersey) Rules, 1995.

Regulation of Undertakings

The principal law governing the establishment of new businesses in Jersey is the Regulation of Undertakings and Development (Jersey) Law, 1973, as amended (the ‘Law’) requires any trade, business or profession, whether or not carried on for profit, and wherever carried out in the Island, to have a licence before commencing or engaging staff.

In making decisions under the Law, the Minister for Economic Development has regard to the need to regulate and manage demand on the Island’s resources. This is generally taken to mean that the needs of economic growth are balanced against the additional demand that migration places on the Island’s limited resources, including its environment. Decisions are also made having regard to the need to protect the financial and commercial integrity of the Island and to the provisions of the Competition Law and the decisions and directions of the Jersey Competition Regulatory Authority.

A licence to engage staff will usually be in the form of a staffing licence, for a defined period, usually three years, which will include a specified number of staff who can be engaged. Once granted a licence, an undertaking is free to manage staff numbers within the terms of that licence. An undertaking is also free to apply for additional staff at any time.

In making these decisions, a number of factors are considered as detailed in the published General Policy Statement 2008, including businesses expected contributions toward maintaining a prosperous local economy and the need to maintain job opportunities for local people.