Offshore Wind Workers Immigration Rules extension April 2020 - COVID 19 update

In 2017, the Home Secretary introduced a concession to the Immigration Rules to allow the employment of non-European Economic Area (EEA) nationals who are joining vessels engaged in the construction and maintenance of offshore wind projects in UK territorial waters. This concession is time limited and leave to enter under the terms of the concession will not be granted beyond 31 December 2020.

 This of course is in line with the Governments vision for their new Immigration & visa regime for the post Brexit world which sees their desire for the new focused points based system.  https://www.gov.uk/government/publications/the-uks-points-based-immigration-system-policy-statement/the-uks-points-based-immigration-system-policy-statement

 However, in the post Covid world, this approach, like many things, may need to be revisited especially in light of Scottish Government’s commitment to

Offshore wind farming for the future. Scotland has an excellent reputation for offshore wind expertise and is recognised as having one of the best offshore wind regimes anywhere in the world in which to deploy projects. Scottish Government: https://www.gov.scot/publications/draft-offshore-wind-policy-statement/pages/1/

 Scottish Government has already put forward proposals for the SCOTTISH VISA earlier this year and with the First Minister of the view that “the introduction of a Scottish visa would allow Scotland to attract and retain people with the skills and attributes we need for our communities and economy to flourish” : https://www.gov.scot/publications/migration-helping-scotland-prosper/

But for now, we have the extension of the concession, the terms of which are set out below:

1. The Home Office has agreed to grant a concession, outside of the Immigration Rules, to workers essential to the construction and maintenance of wind farms within UK territorial waters.

2. The concession will allow non-EEA workers leave to enter the UK until 31 December 2020 for the purpose of joining a vessel engaged in the construction and maintenance of a wind farm within UK territorial waters. (Note that EEA nationals do not require leave to enter the UK.)

3. Leave to enter under the terms of the concession will not be granted beyond 31 December 2020. During this period, firms involved in the construction or maintenance of wind farms within territorial waters should look to regularise the position of their workers. Those who require leave to enter the UK should have the appropriate permission to do so under the Immigration Rules.

4. In order to qualify for entry under this concession and maintain border security, a person seeking entry for this purpose should produce:

• a valid passport;

• a visa issued for this purpose (if needed – see paragraph 5 below) or a seaman’s book compliant with ILO Convention 108 (and issued by a country which has ratified that Convention) or ILO Convention 185 (and issued by a country which has ratified that Convention having previously ratified ILO108). And

• a letter from their employer stating that the worker is employed in the construction or maintenance of a wind farm project within territorial waters

5. Non-EEA nationals seeking entry to the UK under the terms of this concession are subject to a visa requirement only if they:

• are a visa national (see Appendix 2 to Appendix V of the Immigration Rules for a list of visa nationals); and

• do not hold a seaman’s book compliant with ILO Convention 108 (and issued by a country which has ratified that Convention) or ILO Convention 185 (and issued by a country which has ratified that Convention having previously ratified ILO108)

6. Applicants who require a visa should apply online for a visitor in transit visa and select the option, when prompted, “to start work on a ship or aircraft”. For information on application fees, see the ‘UK visa fees tool’ on GOV.UK. The Immigration Health Surcharge is not payable for this type of visa.

Source : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885917/offshore-wind-farm-workers-immigration-concession-april-2020.pdf

• Covid19
• UK Visas
• Offshore Wind Farm Visas
• Offshore Wind Concession
• Scottish Government