With a net zero target of 2045 and emboldened by investment into a renewables-led future, the opportunities in Scotland for offshore work continues to grow.

We highlight some of the popular questions asked by those in the industry, and discuss the importance of understanding immigration law when considering the employment of offshore workers.

Do you need a visa to work in the UK offshore industry?

Whether your business relates to oil and gas, wind, fishing, or shipping, you may need to consider how the immigration rules affect your ability to employ workers. The main aspects to understand regarding offshore work are:

• the UK continental shelf and 12 mile rule
• immigration control and the sea generally
• when a worker can enter the UK without a visa
• types of visas for offshore workers, and
• when a sponsor licence/skilled worker visa is appropriate.

What is the difference between the continental shelf and territorial waters?

In essence the continental shell is the 200-mile area around the UK bordering countries such as France and Denmark, etc. The 12-mile area around the UK is known as the territorial waters.

The continental shelf and territorial waters are important to immigration law. This is because immigration control doesn’t apply to the shelf, but it does to territorial waters. Offshore work such as oil and gas, wind farming, and of course fishing are all industries which rely on migrant workers. As such, it’s important that their migrant workers don’t simply enter the UK and commence working, or they may attract the acrimony of the Home Office.

Workers generally don’t need a visa for the continental shelf unless they are a visa national. In this case they’ll need entry clearance if coming for less than six months. If working for more than six months, or if the vessel moves between the shelf and territorial waters, they will need a visa.

It should be noted that from 12 April 2023 the Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023 requires offshore workers (or their sponsor if they have one) to notify the Home Office of the dates when that worker:

• first arrives in UK waters at the beginning of the job (for which they are being sponsored); and
• leaves UK waters at the end of the job (for which they are being sponsored).

There is no obligation to report if the offshore worker first passes immigration control on the UK landmass before arriving in UK waters for work – that is 12 nautical miles from the coastline and all internal waters.

Do offshore workers always need a visa?

A migrant’s right to work in the UK flows from the Immigration Act 1971, which is what we know as leave to enter or leave to remain. This basic, but core concept, is crucial to offshore work because of the varied and complicated ways in which offshore workers arrive at their place of work.

There are two categories of nationals in terms of migrants entering the UK to visit, visa nationals and non-visa nationals. The first point to resolve with offshore migration is to establish whether the national requires entry clearance prior to travel to the UK, if so they are a visa-national and can be identified on the Immigration Rules Appendix Visitor: Visa national list.

This is important because many applicants can simply enter the UK at the border, with a letter from their employer, travel to the port to climb aboard or be lifted to their place of work on the shelf. For example, US citizens are non-visa nationals and so they do not require an entry clearance application before entering, they may seek entry at the airport. This is not the case for any nationality on the Appendix Visitor: visa national list. They may require a visit visa application, however it should be noted that nationals planning on frequent and successive work trips to the UK should consider securing a longer term visa.

What are the visa categories non-UK workers can apply for to work offshore in the UK? Will they allow me to remain indefinitely?

There is seldom a one-size-fits-all visa type for all offshore work. As mentioned above, the type of visa will depend on the type of work the migrant intends, which may include the length of work and whether they will be working on the continental shelf, territorial waters, or a combination of both. We have summarised the most utilised visas below and outlined their key features.

• The Continental Shelf Worker Visa
  • For those intending to work on the continental shelf
  • Almost no guidance on this visa category
  • Issued for 12 months at a time
  • Valid for multiple entries
• The Frontier Worker Permit
  • For those from EU Member States
  • Must live primarily outside the UK (less than 180 days in any 12 month period)
  • Must have started working in the UK while living elsewhere by 31 December 2020
  • Unnecessary for any crew who do not disembark.
• A Skilled Worker visa
  • When a worker will be moving too much between the UKCS and UKTW, including time spent on land in the UK, or is engaged in a project for the long-term
  • Pros: No maximum limit on stay, less issues with rotation between UKCS and UKTW
  • Cons: Expensive and cumbersome process, English language requirement, minimum salary requirement.

What are the basic requirements to apply and can I apply without a solicitor?

If you are an employer or employee engaged in work offshore, it would be prudent to consider seeking legal advice from a UK immigration solicitor before entering the UK. Each visa comes with its own application form, mandatory evidence requirements, and incurs processing and health surcharge fees.

If you would like to discuss your visa options, please contact Grace or Jamie.

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