Worker Migrant - Confirmation of Employment

Summary

A request for detailed statistics on Worker Migrant Confirmations of Employment and data sharing agreements was partially fulfilled by the Isle of Man Cabinet Office. The authority disclosed available CoE data in an appendix but refused requests for employer names, refusal statistics, and specific SOC code analysis as this information is not held or would require creating new data.

Key Facts

• The Cabinet Office does not hold data on the names of employers granted Confirmations of Employment.
• There is no requirement for the Department to record incidents where a Confirmation of Employment was refused.
• The Department does not analyze Confirmations of Employment granted for SOC codes exempt from the Resident Labour Market Test.
• No data sharing agreement or Memorandum of Understanding exists between the Cabinet Office and the Department for Enterprise regarding immigration matters.
• Providing the requested analysis would violate Section 8 of the Freedom of Information Act 2015 as it requires creating or deriving information.

Data Disclosed

• April 2018
• 17 December 2019
• 20 December 2019
• 1105661
• Section 8 of the Freedom of Information Act 2015
• Part 2 of the Freedom of Information Act 2015

Exemptions Cited

• Section 8 of the Freedom of Information Act 2015 (Information not held / requirement to create or derive information)

Original Request

Please provide information about the granting of a Confirmation of Employment by the IOM Immigration Service since April 2018 to date including: a) the total number of Confirmation of Employments granted for Worker Migrants b) the total number of Confirmation of Employments granted for Worker (Intra Company Transfer) Migrants b) the number of Confirmation of Employment applications refused by month c) the name of each Employer to whom a Confirmation of Employment has been granted, the number granted to each Employer and the relevant SOC codes and whether it was for a Worker Migrant or a Worker (ICT) Migrant d) How many Confirmation of Employments have been granted in SOC codes which are exempt from the Resident Labour Market Test e) How many successful entry clearance applications have been made for (a) Worker Migrants and (b) Worker (ICT) Migrants and how many have been refused Please also provide a copy of any data sharing agreement or Memorandum of Understanding with the Department for Entreprise relating to Immigration matters and a copy of any relevant disclosure log or record of data exchanges (with personal information redacted).

Data Tables (2)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1105661 20 December 2019

Dear ###

We write further to your request received on 17 December 2019 which states:

"Please provide information about the granting of a Confirmation of Employment by the IOM Immigration Service since April 2018 to date including: a) the total number of Confirmation of Employments granted for Worker Migrants b) the total number of Confirmation of Employments granted for Worker (Intra Company Transfer) Migrants b) the number of Confirmation of Employment applications refused by month c) the name of each Employer to whom a Confirmation of Employment has been granted, the number granted to each Employer and the relevant SOC codes and whether it was for a Worker Migrant or a Worker (ICT) Migrant d) How many Confirmation of Employments have been granted in SOC codes which are exempt from the Resident Labour Market Test e) How many successful entry clearance applications have been made for (a) Worker Migrants and (b) Worker (ICT) Migrants and how many have been refused Please also provide a copy of any data sharing agreement or Memorandum of Understanding with the Department for Entreprise relating to Immigration matters and a copy of any relevant disclosure log or record of data exchanges (with personal information redacted)."

While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold some of the information that you have requested. This is because there is no requirement for the Department to analyse Confirmation of Employment's (CoE) granted where the SOC code is exempt from the Resident Labour Market test, nor is there a requirement for the Department to retain the name of the employer who applied for a CoE, or to record incidents where a CoE was not issued. To provide all of the information you have requested would require the Department to do something it is not required to do under section 8 of the Freedom of Information Act 2015, namely to:- • specifically create or derive information from information that it holds, • undertake research into, or analysis of, information that it holds, • undertake substantial compilation of information or collation of information that it holds

The Cabinet Office does not have a data sharing agreement or Memorandum of Understanding with the Department for Enterprise (“the Department”) relating to Immigration matters as we do not routinely share information with the Department in respect of immigration matters. Any sharing of personal data is with the individual’s consent, obtained by the relevant Department. The CoE information we can provide is set out in the Appendix
Please quote the reference number 1105661 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely ###

Appendix

Apr- 18 May- 18 Jun- 18 Jul- 18 Aug- 18 Sep- 18 Oct- 18 Nov- 18 Dec- 18 Jan- 19 Feb- 19 Mar- 19 Apr- 19 May- 19 Jun- 19 Jul- 19 Aug- 19 Sep- 19 Oct- 19 Nov- 19 CoE's granted for Worker Migrants 4 13 21 26 19 14 21 20 11 13 13 11 30 10 20 28 38 11 30 22 CoE's granted for Worker ICT Migrants 0 0 0 0 0 0 0 2 1 0 0 0 0 0 1 22 1 1 1 1 CoE's applications refused We do not record details of CoE's that are refused. Name of employer to whom CoE granted We do not record this information on our systems. CoE's granted where SOC code is exempt from the Resident Labour Market Test We do not record this information on our systems. Successful Worker Migrant entry clearance applications 0 5 3 8 7 1 5 2 7 4 4 1 7 1 0 2 3 16 21 12

Apr- 18 May- 18 Jun- 18 Jul- 18 Aug- 18 Sep- 18 Oct- 18 Nov- 18 Dec- 18 Jan- 19 Feb- 19 Mar- 19 Apr- 19 May- 19 Jun- 19 Jul- 19 Aug- 19 Sep- 19 Oct- 19 Nov- 19 Successful Worker (ICT) Migrant entry clearance applications 0 0 0 0 0 2 0 0 1 0 0 0 2 0 0 0 5 2 2 1 Unsuccessful Worker Migrant entry clearance applications 0 0 0 0 0 0 1 0 0 1 0 0 1 1 0 2 0 2 3 1 Unsuccessful Worker (ICT) Migrants entry clearance applications 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0