Work Authorization To Be Required for Offshore Work
June 4, 2014
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The change results from the Migration Amendment (Offshore Resources Activity) Act 2013 (the ORA Act), which alters the boundaries of Australia’s Migration Zone – the area in which Australia’s standard immigration rules apply – to encompass all offshore work. The new law effectively requires all foreign offshore workers to hold a prescribed visa granting employment authorization if they will work in any capacity on an offshore resource activity, which includes sea crew on seismic, pipe-laying or supply vessels; marine engineers; oceanographers; specialist divers; drillers and crane operators; and on-board cooks and cleaners working on vessels involved in exploration or exploitation of mineral and petroleum resources within Australia’s Exclusive Economic Zone and the waters above the Continental Shelf.
All foreign offshore workers will require one of the prescribed temporary visas:
- The temporary work (short stay activity) (subclass 400) visa for people undertaking short-term, highly specialized, non-ongoing work;
- The temporary work (skilled) (subclass 457) visa for people being sponsored by an approved business for up to four years; or
- The maritime crew visa for articled crew members of vessels who are participating in or supporting an offshore resources activity.
Companies employing foreign nationals in offshore resources activities also will be subject to existing compliance measures. Inspectors from the Department of Immigration and Border Protection and the Fair Work Australia will be authorized to conduct site inspections and to take action where there are breaches of work or visa conditions.
As previously reported, the federal government has attempted to repeal the ORA Act, which was enacted by the previous government. The repeal bill has been passed by the House of Representatives but has not yet passed through the Senate, and it is unlikely to do so before the June 30 effective date.
What This Means for Employers
Employers with offshore workers who previously did not require work authorization will be subject to new administrative burdens and additional costs. Employers will need to ensure that all foreign nationals engaged in offshore resource projects conducted within Australian territorial waters hold a valid visa with work authorization.
How Fragomen Can Assist
Fragomen can assist clients with evaluating proposed activities to determine if they fall within the provisions of the ORA legislation, as well as with preparing and lodging the appropriate work visa applications. Fragomen can also assist with compliance management of all temporary visa holders, including the verification of work entitlements.
This alert is for information 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].
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