Offshore Wind Workers Concession Ending on 31 October 2022

In 2017 the UK government introduced a temporary concession to the Immigration Rules, which permitted employing overseas nationals to build and maintain offshore wind farm projects in UK territorial waters.

According to this concession, these workers did not need to obtain work visa. This concession was extended several times, with the last extension being granted on 2 July 2022 due to ‘acute worker shortages’. This extension is coming to end on the 31^st October 2022; therefore, it is important to know what options will be available to such workers and their employers.

What privileges did the concession grant?

According to this concession, foreign nationals were allowed to come to the UK without any visa if they had secured a job on vessels involved in the construction and maintenance of the wind farms in UK territorial waters. If the workers were ‘visa nationals’ (nationals that require entry clearance to enter the UK), they were required to apply for a transit visa. However, they did not have to obtain a work visa.

What you should be aware of?

If you are an employer who has employed workers under this concession, you must ensure that after the 31^st October 2022, all affected employees have the necessary new work permit in place. You may consider transferring your foreign employees to a Skilled Worker visa, provided that the following requirements are met:

• You hold a valid UK sponsor licence or are eligible to apply for it.
• The job you are offering meets the requirements set by the UK Immigration Rules (salary, type of role, genuineness of the job etc).
• The employee can meet the English language requirements.

There may be other options available, such as one of the Global Business Mobility routes or Frontier Worker Permits (for EEA and Swiss nationals). Depending on the individual circumstances of the employees and the businesses, other options may also be available.

How can we help?

Gherson’s Immigration Team are experienced in corporate immigration, including Skilled worker visa, Sponsorship License, Certificate of Sponsorship and Global Business Mobility. Please, do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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