Registration Arrangements for Offshore Workers on Vessels
June 2, 2015
Executive Summary
Further to our recent alerts on the Ministerial Determination regarding the grant of Special Purpose Visas (SPVs) to foreign nationals performing an offshore resource activity, the Department has released further details on how to register a worker and vessel to enable the grant of the SPV.
Background
Foreign workers have always required a work visa such as a subclass 457 or 400 to engage in offshore installation projects attached to the seabed in the Exclusive Economic Zone and the Continental Shelf. This applies if the installation is engaged in resources activity, such as a traditional oil rig, or other activities, such as a diving platform for tourism.
The Ministerial Determination
On March 30, a new Ministerial Determination was released specifying the visa arrangements foreign workers engaged in offshore resource activity on a floating vessel.
The Ministerial Determination provides that a non-citizen performing work in support of an offshore resource activity on a floating vessel is deemed to have been granted a Special Purpose Visa provided that vessel has been reported to the Department of Immigration and Border Protection.
The Department has recently provided guidance on how to register a vessel. The Department has instructed Ship’s Masters, agents or operators to obtain pre-registration material from the ORA Helpdesk by emailing [email protected].
The following information will be required to complete the registration pack:
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Full name, date of birth, country of birth and nationality and sex for each employee;
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A copy of the bio page of the employee’s passport;
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Project or employment end date;
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The project name; and,
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The vessel or ship name
This information should be provided to the ORA Helpdesk a minimum of seven days prior to arrival in the Australian EEZ.
What This Means for Employers and Foreign Nationals
Employers that sponsor foreign workers in an offshore industry to work on a vessel must provide the details of these workers to the Department ahead of that person’s entry to the Australian EEZ. This Ministerial Determination may be subject to further legal challenge so Employers should contact their immigration professional to determine how to effectively deal with management of foreign workers performing offshore resources activity.
