Important Updates
Important Updates
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 5, 2025 | SingaporeFragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners
September 5, 2025 | United StatesPartner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards
September 5, 2025 | United StatesTimes of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers
September 5, 2025 | United StatesUnited States: DHS Announces End of Temporary Protected Status for 2021 Venezuela Designation
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 5, 2025 | SingaporeFragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners
September 5, 2025 | United StatesPartner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards
September 5, 2025 | United StatesTimes of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers
September 5, 2025 | United StatesUnited States: DHS Announces End of Temporary Protected Status for 2021 Venezuela Designation
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Visa Arrangements for Offshore Workers Clarified

April 8, 2015

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

A recent Ministerial Determination by the Assistant Minister for Immigration and Border Protection purports to allow foreign workers to engage in offshore resource activities on floating structures and vessels under Special Purpose Visas (SPVs). 

Background 

The previous government introduced visa restrictions on foreign workers engaged in offshore resource projects. The current government’s prior attempt to ease these restrictions was recently struck down by a Federal Court of Australia decision that only Australian citizens and permanent residents can perform resources activities on floating vessels. In response, on March 30, the Assistant Minister for Immigration and Border Protection issued a Ministerial Determination deeming foreign workers engaged in such projects to hold SPVs, purporting to allow them to remain in the Exclusive Economic Zone (EEZ) and continue working without the need for a work visa. 

The Federal Court case was the result of union action to ensure that all workers on offshore resource projects are either Australian citizens or permanent residents or hold an Australian work visa. 

Visa Requirement for Fixed Offshore Projects 

Foreign workers have always required a work visa to engage in offshore installation projects attached to the seabed in the EEZ 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. 

Visa Requirement for Floating Offshore Projects 

The Federal Court decision affected foreign workers engaged in resources projects on vessels that are not attached to the seabed. Examples of this type of work include the following:

  • Sea crew on pipe laying vessels, supply vessels, tugs and heavy lift ships, seismic vessels and other specialist vessels; and
  • Specialists such as marine engineers, oceanographers, seismologists, specialist divers, hydraulic mechanics, drillers and crane operators working on vessels, where the vessel is involved in the exploration or exploitation of mineral, greenhouse gas and petroleum resources within Australia's EEZ and the waters above the Continental Shelf.

For affected workers to come within the class of persons deemed to hold SPVs, the Department of Immigration and Border Protection must be notified. 

What This Means for Employers and Foreign Nationals 

The Ministerial Determination allowing foreign workers on floating resources vessels to work under SPVs may be subject to further legal challenges. Employers that sponsor foreign workers in offshore industry work should contact their immigration professional to determine if and how they may be affected by the changes. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]. 

MARN: 0849574

© 2015 Fragomen

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.