Can I apply for permission to stay as a contract seaman employed on a fishing vessel operating in UK territorial waters?

If you are employed as a contract seaman working on a fishing vessel operating in UK territorial waters, this page explains whether you can apply for permission to enter or stay and work here.

If you are a national of a country outside the European Economic Area (EEA) and Switzerland, and you want to work on fishing vessels that operate to any extent within UK territorial waters, you must have permission to do this from the UK Border Agency. For more information, see the contract seamen on fishing vessels page.

We have re opened the temporary concession to allow a limited number of non-EEA crew to be employed (subject to strict criteria) on fishing vessels operating in UK territorial waters. Applications under this concession must be made no later than 31 October 2011.

If you want to apply for permission to enter or stay in the UK under the concession, you must be able to:

• show that you work or will work in UK territorial waters - the concession applies only to employment on fishing vessels operating in UK waters, not to any other kind of vessel and not to fishing vessels that operate wholly in international waters outside the 12-mile limit; and
• show that you are currently employed, or have been employed during a period 12 months before you apply, on a fishing vessel operating in the UK under the previous concession arrangements

You must also provide:

• a valid passport satisfactorily establishing your nationality and identity, and a valid seafarer's book satisfactorily establishing your profession as a seafarer;
• written confirmation from the owner of the vessel of - this must include details of the vessel's name, registration number, port of registration, port of operation and length, in addition to evidence that the vessel is licensed by the relevant fishing administration and will be operating wholly or mainly in UK territorial waters;
• original documentary evidence of a contract of employment with a UK resident employer - the concession is not open to self-employed or share fishermen;
• documentary evidence to confirm that the contract of employment will give you an income that complies with UK minimum wage regulations, and relevant tax and National Insurance regulations;
• original documentary evidence of safe and satisfactory accommodation while the vessel is at sea (such as a relevant risk assessment and safe system of work plan) and in port. If the vessel is under 24 metres in length, evidence of satisfactory shore based accommodation is mandatory. If the vessel is over 24 metres and it is proposed to accommodate crew on the vessel while in port, Maritime and Coastguard Agency (MCA) verification of satisfactory vessel accommodation must be provided;
• written confirmation from your employer that you have received (or will receive within 1 month of being granted permission to stay) safety training in accordance with The Fishing Vessels (Safety Training) Regulations 1989 as amended by SI2169/2004 Fishing Vessels Safety Amendment Regulations 2004 outlined in Merchant Shipping Notice Number M1367 and MGN 404. For more information, visit the MCA website (Maritime and Coastguard Agency);
• an owner or agent's written letter of guarantee regarding the costs and travel arrangements of your repatriation when your contract ends. You must be able to satisfy us that you can be maintained and accommodated during your proposed stay without needing public funds, and that you will leave the UK when your permission to stay expires in accordance with the owner or agent's arrangements for your repatriation.
• a signed declaration stating that you are aware that the concession will end on 31 Augsut 2012 and that you must leave the UK by that date.
• a declaration signed by the vessels owner to the same effect.

We may refuse your application if there is reasonable evidence that you, your employer or the vessel you are to join have failed to comply with the terms of the concession at any time during the period of the concession.

Relevant foreign nationals will be required to register with the police during their stay, in accordance with paragraph 326 of the Immigration Rules. For more information, see the Reporting to the police page.

You can find more information on the how to apply page.