Visa Arrangements for Offshore Workers Clarified

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

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