United Kingdom: Offshore Wind Worker Concession Ending, Creating New Immigration Obligations
March 27, 2023
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At a Glance
- Effective April 30, 2023, the Offshore Wind Workers Immigration Rules Concession, (“the Concession”), which allowed workers considered essential to the construction and maintenance of wind farms in UK territorial waters to enter UK waters without any notification, will expire.
- As a result, individuals currently working pursuant to the Concession must depart the United Kingdom prior to May 1, 2023, and must make an application from a country where they have residency rights.
- Further, effective April 12, 2023, offshore workers (or their sponsor if they have one) will be required to notify the Home Office when they arrive in the United Kingdom (including UK waters for the purpose of undertaking work in those waters) and when they leave.
- Since many employers of these workers relying on the Concession do not currently have a UK sponsor license, employers should immediately begin the licensing process due to its lead time of approximately eight weeks, in order to mitigate disruption to their work.
The situation
Effective April 30, 2023, the Offshore Wind Workers Immigration Rules Concession, (“the Concession”), which allowed workers considered essential to the construction and maintenance of wind farms in UK territorial waters to enter UK waters without any notification will expire. The Concession has been in place since 2017.
A closer look
- Individuals currently working pursuant to the concession. Individuals who are currently working in UK territorial waters pursuant to the 2017 concession must depart the United Kingdom prior to May 1, 2023 and if they wish to work in the United Kingdom, must apply from a country where they have residency rights. A skilled worker route is likely the most suitable application for such workers.
- New individuals seeking to work in construction and maintenance of wind farms. As of May 1, 2023, these workers will need to submit a regular work permit application.
- Notification requirement. The sponsor of the offshore worker (or the individual themselves, if not sponsored) is responsible for fulfilling the notification requirement, which must be made no earlier than the day of arrival or departure and no later than 10 business days after arrival or departure. All notifications must be sent to [email protected].
Impact
- Employers require sponsorship licenses. Since many employers of these workers relying on the Concession do not currently have a UK sponsor license, employers should immediately begin the licensing process due to its lead time of approximately eight weeks, in order to mitigate disruption to their work. The employer will also need to determine the visa routes under which it wants to be licensed. To sponsor those who worked under the Concession, which may include Skilled Worker, Global Business Mobility- Senior or Specialist Worker; or Global Business Mobility- Service Supplier.
- Individuals working on wind farms. Individuals who are not sponsors should ensure that they hold the appropriate employment documentation in order to work in UK waters after April 30, 2023.
Background
Previously, workers considered essential to the construction and maintenance of wind farms in UK territorial waters could take advantage of a concession introduced in 2017 which allowed them to enter UK waters without any notification.
Look ahead
Employers should take a proactive approach to these changes in requirements in order to ensure that they are in compliance with the updated immigration regulations concerning offshore wind workers.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
