The end of EU free movement and the introduction of a new UK immigration system have impacted work visa options for migrant workers in the energy sector. In this article, we update on the latest immigration rules for offshore workers on the UK Continental Shelf.
What is the UK Continental Shelf?
Offshore work in the UK refers to employment on any oil, gas, wind and other installations wholly at sea and fixed to the sea bed on the UK Continental Shelf (UKCS).
The UKCS is a 200-mile area of waters surrounding the United Kingdom, which includes parts of the North Sea, the North Atlantic, the Irish Sea and the English Channel. The UK benefits from mineral rights over the UKCS, with sovereignty relating only to the exploitation of these resources.
The UKCS is not subject to UK immigration control, however, anyone looking to work offshore must ensure they comply with the relevant rules and ensure they have the appropriate permission to enter the UK and travel offshore to the UKCS for work.
The UKCS should not be confused with the 12-mile zone which is defined as ‘UK territorial waters’, where UK immigrations controls are applied as they are within the UK.
Individuals working in UK territorial waters or international waters will need to have a UK work visa, which could include the skilled worker visa, intra company transfer visa or a frontier worker permit.
Do you need a visa to work offshore on the UKCS?
Individuals seeking entry to the UK as offshore workers do not require authorisation for employment on the UKCS and, as a concession, they can be given leave to enter the UK so as to go offshore to carry out their work.
The rules on entry clearance depend on whether the worker is deemed a ‘visa national’ or a ‘non-visa national’. Visa nationals are individuals who must have a visa for every entry to the UK, while non-visa nationals are not required to have a visa before they travel to the UK as a visitor.
Entry clearance in most cases is not mandatory for non-visa nationals, such as EU nationals, but they would require a transit visa.
Entry clearance would however be required if they intend to stay as offshore workers for more than six months, and if any part of the work will be onshore within the UK, permission will be required under the points-based system.
Applicants transiting through the UK must demonstrate that they:
- are genuinely in transit to another country outside the common travel area, meaning the main purpose of their visit is to transit the UK and that the applicant is taking a reasonable transit route; and
- will not access public funds or medical treatment, work, or study in the UK; and
- genuinely intend and can leave the UK by 23:59 hours on the day after the day when they arrived or within 48 hours after their arrival where they hold a transit visit visa; and
- are assured entry to their country of destination and any other countries they are transiting on their way there.
Visa nationals do require entry clearance otherwise they will not be able to travel to the UK.
If visa nationals are intending to be rotating frequently in and out of the UK, they should apply for the Offshore Worker visa. The Offshore Worker visa does not require permission to work under the points-based system and is issued for 12 months each time, allowing the holder to live in the UK. It is also valid for multiple re-entries into the UK. It does not allow the holder to work in the UK or in UK territorial waters. The Offshore Worker visa costs $742 USD.
Leave to remain
In the majority of cases, offshore workers are employed for short periods on the UKCS and require entry into the UK for less than six months to go offshore before returning home for leave. However, some offshore workers may wish to base themselves, and their dependants, in the UK, for longer than six months. When this is the case, leave to remain may be granted as a concession to the Immigration Rules, under Appendix FM, normally for 12 months.
During this time, offshore worker and their dependants are allowed to base themselves in the UK while employed offshore on the UKCS. They must be employed on the UKCS and may not base themselves in the UK for offshore employment elsewhere.
To make use of the concession, offshore workers must provide written confirmation from their employer of the nature and duration of their employment, confirming that it is wholly and only offshore in the UKCS. They and their dependants must also provide documentary evidence satisfying the issuing officer that they can be maintained and accommodated without recourse to unauthorised employment or public funds.
For frequent or longer offshore work trips totalling more than 180 days in a rolling 12-month period, individuals should apply for the Offshore Worker visa.
Switching visa categories
Individuals already in the UK on a different visa route are permitted to make an application to switch into the Offshore Work route, provided they meet the eligibility criteria.
Indefinite leave to remain
Offshore workers and their dependants would not ordinarily be eligible to apply for UK ILR, on the grounds that their original permission to enter or remain in the UK was in a category that does not lead to settlement. However, the individual may qualify for ILR via a different route. Taking professional advice can help to assess your wider circumstances and eligibility for settlement under alternative categories or concessions.
Oil installation workers
An oil installation is an oil rig fixed, permanently or temporarily, to the sea-bed in the UKCS zone. Vessels which service installations, taking supplies and staff to and from an installation, are not installations. The crew on these service vessels do not, therefore, fall under the offshore concession. They may, however, qualify as joining ship crew if the vessel spends the majority of its time outside UK waters.
A ship, including one engaged in oil or renewable energy activities, does not qualify as an oil installation. Similarly, a seismic vessel is not an oil installation.
Shore leave rules for offshore workers
Subject to normal visa requirements, offshore workers are allowed to live in the UK during their shore leave. Their dependants are also, exceptionally, allowed to base themselves in the UK.
Are offshore workers subject to the same rules as seafearing crew?
Offshore workers are not subject to the same immigration rules as crew joining a ship. Offshore workers are not seafaring ‘crew’ as defined in the Immigration Act 1971, and are not dealt with in accordance with the provisions for seafaring crew. Offshore workers do not benefit from the shore leave and visa waiver concessions afforded to crew in accordance with law, policy and international conventions such as ILO108 (International Labour Organisation).
Offshore wind workers concession to end in 2022
A concession is currently in place, outside of the UK’s Immigration Rules, to allow the employment of foreign workers who are joining vessels engaged in either the construction and maintenance of offshore wind projects in UK territorial waters.
This concession is, however, time-limited. Leave to enter under the terms of the concession has been extended to 1 July 2022.
The Home Office has stated the concession will not be extended beyond this date and firms involved in the construction or maintenance of wind farms within territorial waters should look to regularise the position of their workers during this time.
DavidsonMorris are experienced immigration advisers to businesses in the energy sector. With over 25 years’ experience in the industry, we understand the challenges of recruiting and mobilising international talent to meet your UK and UKCS-based labour and skills needs. For support with any aspect of corporate immigration, global mobility and Home Office applications, contact us.
Offshore work visa FAQs
What is required to work offshore UK?
Provided you are not working onshore or within UK territorial waters, offshore workers do not have to seek permission for their employment. Entry clearance is mandatory for visa nationals and only mandatory for non-visa nationals if the worker intends to stay as an offshore worker for more than six months.
How many days can you work offshore UK?
In most cases, offshore work is limited to 21 days. Operators usually require offshore workers to sped 7 days onshore before going offshore again to work.
Last updated: 17 September 2021