WRK2.4 Off-shore workers

This is internal guidance for use by entry clearance staff on the handling visa applications for off-shore workers made outside the United Kingdom (UK). It is a live document under constant review and is for information only.

WRK2.4.1 What is off-shore work?

It is employment on oil, gas and any other, installations fixed to the sea bed that are wholly at sea on the UK Continental Shelf (UKCS).

Persons seeking entry to the UK as offshore workers, do not require authorisation for such employment, but as a concession, they can be given leave to enter to allow them to go off-shore for such employment.

The majority of offshore workers are employed for short periods on the UKCS and will require entry for less than six months to go offshore before returning home for leave. However, some may wish to base themselves, and their dependants, in the UK. Exceptionally, as a concession, offshore workers and their dependants are allowed to base themselves in the UK while employed offshore on the UKCS. They must be employed on the UKCS and may not base themselves here for offshore employment elsewhere. They must provide written confirmation from their employer of the nature and duration of their employment, confirming that it is wholly and only offshore in the UKCS. They and their dependants must provide documentary evidence satisfying the issuing officer that they can be maintained and accommodated without recourse to unauthorised employment or public funds.

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WRK2.4.2 Are off-shore workers dealt with the same as crew joining a ship?

No. Off-shore workers are not seafaring 'crew' as defined in the Immigration Act 1971, and are not dealt with in accordance with the provisions for seafaring crew; therefore they should not be dealt with in the same way as seamen. Offshore workers do not benefit from the shore leave and visa waiver concessions afforded to crew in accordance with law, policy and international conventions such as ILO108.

Personnel actually employed in the working or service of a ship are crew as defined at Section 33 of Part IV of the Immigration Act 1971 and should be dealt with under the Rules and Act as crew. They do not qualify for leave to enter / remain as 'offshore workers' even if their ship is operating offshore in exploration and exploitation activities. They may not base themselves in the UK and may not be accompanied by dependants. For guidance on seafarers see CRM01.

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WRK2.4.3 What is an 'oil installation'?

It is an oil rig fixed, permanently or temporarily, to the sea-bed in the UKCS zone. Vessels which service installations, taking supplies and staff to and from an installation are not installations. The crew on these service vessels do not, therefore, fall under the offshore concession. They may, however, qualify as joining ship crew if the vessel spends the majority of its time outside UK waters.

A ship, including one engaged in oil or renewable energy activities, does not qualify as an oil installation. Similarly a seismic vessel is not an oil installation.

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WRK2.4.4 What is the UK Continental Shelf (UKCS) and is it the same as UK territorial waters?

No. The UKCS is the 200 mile zone in which our sovereignty relates only to the exploitation of resources. This should not be confused with the 12 mile zone which is defined as 'UK territorial waters' (where we apply immigrations controls). When assessing visa applications it may be necessary to confirm with the applicant that they understand the difference.

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WRK2.4.5 What about shore leave?

Subject to normal visa requirements, off-shore workers are allowed to live in the UK during their shore leave. Their dependants are also exceptionally allowed to base themselves in the UK.

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WRK2.4.6 Is entry clearance mandatory for off-shore workers?

Entry clearance is not mandatory for non-visa nationals except if they intend to stay as off-shore workers for more than six months.

Permission under PBS is only required if any part of the work will be on-shore within the United Kingdom or within UK territorial waters.

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WRK2.4.7 What is the endorsement for an off-shore worker?

See ECB13 Endorsements

Entry clearance should normally be given for up to 12 months Code 2, depending on the length of the contract. Off-shore workers are not required to register with the police.

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WRK2.4.8 What is the endorsement for the dependant an off-shore worker?

Dependants who are or who intend to base themselves in the UK should be granted entry clearance in line with the off-shore worker on Code 1.

However, dependants are not exempt from the requirement to register with the police. Relevant foreign nationals who are granted entry clearance for longer than 6 months are required to register with the police. See ECB16 Police registration for guidance on police registration.

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WRK2.4.9 How do I refuse an off-shore worker?

If you are not satisfied that the person only intends to work in off-shore employment, leave to enter should be refused on the basis that the person is seeking entry for a purpose for which permission under PBS is required.

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WRK2.4.10 What is the right of appeal for off-shore workers?

Limited right of appeal (LRA) as applications are made outside the rules and because they do not have permission to work in the form of a Certificate of Sponsorship.

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WRK2.4.11 What is the right of appeal for dependants of off-shore workers?

Limited right of appeal (LRA) if the main applicant has been refused.

Full right of appeal (FRA) if the main migrant has been granted leave.

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