6th April 2023
Immigration
Impact High
Summary
Upcoming changes for offshore workers include a decisive end to the offshore wind workers concession on 30th April 2023. Furthermore, new reporting duties for offshore workers will be introduced on 12th April 2023, requiring notifications to be made to the Home Office confirming when an offshore worker arrives and leaves the UK territorial waters.
The Detail
End to Offshore wind workers concession
On the 30th of April 2023, the concession which allows non-UK/Irish nationals coming to the UK for the purpose of joining a vessel engaged in the construction and maintenance of a wind farm within UK waters, will come to an end. Individuals now coming to work on UK territorial waters will need permission to work in the UK before starting work.
Employers who have workers on wind farms within territorial waters, should therefore look to regularise the position of their workers to ensure full compliance with UK immigration legislation.
New reporting requirements for offshore workers
From 12th April 2023, new reporting requirements will be introduced where notifications must be made to the Home Office confirming the dates in which an offshore worker arrives in the UK territorial waters (for the purpose of undertaking work in those waters,) and leaves without passing through immigration control.
Where an offshore worker holds sponsored immigration permission, the sponsor must make the notification:
• no earlier than the date the worker arrives in or leaves UK waters (whichever is relevant), and
• no later than 10 working days after the date the worker arrives in or leaves (whichever is relevant) UK waters.
There is currently no provision to make these notifications on the Sponsor Management System (SMS), but this is noted to form part of the sponsor duties and failure to notify could lead to the revocation/downgrading of a sponsor licence.
Notifications must be made by emailing the Offshore worker notification inbox (offshoreworkernotificationsinbox@homeoffice.gov.uk) with the following information:
There is no need to report where the worker temporarily leaves the UK territorial waters, e.g. for a holiday or rest, during a period of valid permission, but where new entry clearance is obtained for a new job a separate notification will be required.
There will be a separate notification process for offshore workers who do not require sponsorship which is yet to be announced.
Notifications will not be required where the individual passes through immigration control on the UK landmass before arriving in UK waters.
How we can help
Your Vialto Partners contact can assist you with navigating these changes and ensuring reporting conditions are met.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Further information on Vialto Partners can be found here: www.vialtopartners.com
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