Offshore wind workers: last minute UK immigration extension

In 2017, the Home Office introduced the “Offshore wind workers Immigration Rules concession” allowing the industry to easily and quickly recruit foreign nationals to join vessels engaged in the construction and maintenance of wind farms within UK territorial waters – the 12 nautical mile area around the UK.

Since the Immigration Rules extend to UK territorial waters, the concession effectively allows employers to ignore what is often a cumbersome and time-consuming immigration process identifying the appropriate visa option(s).

Although the “temporary” concession has now been in existence for 6 years – having been extended on several occasions – in June 2022, the Home Office extended the concession for a final time, and it was to end on 31 October 2022. However, on the day the concession was supposed to end, it was further extended (again).

If the Home Office stick to this latest date, this concession is now due to end on 30 April 2023 thus bringing this chapter to a close. This will mean that for any foreign national already working in the UK territorial waters or those starting work on the offshore wind farms on or after 1 May 2023, they will no longer be covered by the concession, and employers can only (continue to) employ them if they have the appropriate immigration permissions. Since the rules surrounding foreign nationals working on offshore vessels are not always straightforward and the guidance is quite light, this can be an incredibly complex and time-consuming exercise.

There are numerous questions employers will need to consider. For example, can the roles be sponsored for the purposes of a UK work visa? Are the jobs to be undertaken exclusively or for the majority of the time within the UK territorial waters? Will the job be undertaken on the UK Continental Shelf, where the Immigration Rules don’t extend to? Are other immigration options available other than on a sponsored work basis?

The answers will differ depending on specific circumstances.

Given the demand for more cleaner/ wind energy, it will be interesting to see what the Home Office’s next moves will be to meet targets as well as the industry and consumers’ needs. Will the concession continue to be extended in the short-term? Will a more permanent immigration option or options be provided?

Working on the basis that the concession won’t be extended beyond Spring 2023, we recommend that businesses plan accordingly sooner rather than later and consider how this will impact on-going and future projects, contractual obligations, costs, amongst other factors – especially when it comes to the (continued) employment of foreign nationals on offshore wind farms within the UK territorial waters. 

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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