On 6 June 2024, the UK Home Office issued new guidance relating to the immigration requirements for seamen arriving in the UK as operational crew of a ship, as passengers coming to join a ship for the purpose of work, and for those arriving into UK waters as an offshore worker.

The previous position

The new guidance is the latest policy change introduced by the Home Office affecting the offshore industry. It follows the Offshore Workers Caseworker Guidance, introduced in April 2023, in which the Home Office established that crew members and seafarers who were entering UK waters for the purpose of working in those waters would fall under the definition of an ‘offshore worker’ and would require permission to work in the UK.

However, there remained an ambiguity in the Home Office guidance relating to the visa requirements for seafarers (or contract seamen). As per the April 2023 guidance, seafarers were exempt from UK immigration laws when conducting work on a vessel which was going to be operating ‘wholly and largely’ outside of UK waters. This meant that whilst non-UK nationals employed as offshore workers required permission to work in the UK, it was unclear whether seafarers conducting work on a vessel in UK waters for a short duration would remain exempt from UK immigration laws. It was accordingly left open to businesses employing seafarers to rely on this ambiguity.

The latest guidance clarifies this issue by removing the words ‘wholly and largely’ outside the UK from the definition of a seafarer. As of 6 June 2024, seafarers are now defined as crew engaging in the service of a vessel which is operating outside of UK territorial waters and which is due to leave the UK within a ‘reasonable time’. The guidance further clarifies that crew members working on a vessel will be defined as an offshore worker if they enter UK territorial waters for the purpose of working in UK waters. By making this distinction, and expanding the definition of an offshore worker, the Home Office has implemented more stringent visa requirements.

Implications of the changes

In practice, the new Home Office guidance means that non-UK nationals who enter UK territorial waters to work, regardless of duration, will have to obtain permission from UK Visas and Immigration to work in the UK.

This will not apply to non-UK nationals who travel to the UK to join a vessel which will operate outside of UK waters, nor will it apply to crews who are transiting on a vessel through UK waters from non-UK waters.

What the updated guidance means for employers in the offshore industry

The guidance, whilst providing clarity, is not necessarily welcome for offshore businesses. Employers must now carefully consider business needs alongside the UK immigration options when employing non-UK nationals as offshore workers.

One option may be for non-UK nationals to obtain a skilled worker visa and for offshore businesses to act as a sponsor. This is not a straightforward process and consideration must be given to the complexities that come with sponsoring offshore workers.

What steps should employers take to ensure that they comply with the UK’s immigration rules?

Employers in the offshore industry must understand the importance of complying with UK immigration laws. There are several visa options available to non-UK nationals and each visa comes with its own application form, mandatory evidence requirements, and fees.

Our experienced team of immigration lawyers are well versed in the UK visa options available to those employing offshore workers. If you are a UK employer and hire offshore workers, please do get in touch with our specialist immigration team to discuss strategies to support your UK immigration needs.

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