Chapter 17 Section 4: continental shelf workers
Updated 12 April 2023
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1. Introduction
United Kingdom immigration legislation does not extend to installations operating in the United Kingdom continental shelf. We cannot prohibit overseas nationals from taking employment on offshore installations that are outside of UK waters. Continental shelf workers usually work on a rota basis spending a number of weeks working followed by an equal number of weeks on shore leave. They often base themselves and their dependants in the United Kingdom. They do not require permission under the Points Based System (PBS) for their continental shelf employment, but they and their dependants do require leave to enter or remain.
2. Leave to enter
Subject to normal visa requirements, continental shelf workers are allowed to live in the United Kingdom during their shore leave outside the immigration rules. Their dependants are also exceptionally allowed to base themselves in the United Kingdom.
2.1 Granting leave to enter
If the immigration officer is satisfied that the person only intends to work in the continental shelf leave to enter should normally be given for 12 months Code 2. Entry clearance is not mandatory for non-visa nationals. Permission under PBS is only required if any part of the work will be on-shore or in UK waters within the United Kingdom.
2.2 Dependants
Dependants of continental shelf workers who intend to base themselves in the United Kingdom should be given leave to enter for the same period as the worker’s leave to enter on Code 1.
2.3 Police registration
Continental shelf workers are not required to register with the police. Dependants of continental shelf workers, however, are required to register if paragraphs 325 and 326 of the immigration rules apply.
2.4 Refusal of leave to enter
If the immigration officer is not satisfied that the person only intends to work in continental shelf 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
3. Leave to remain
Applications for leave to remain may be granted as exceptions outside the immigration rules, provided the work will continue to be wholly in the continental shelf.
3.1 Granting leave to remain
Leave to remain should normally be granted for up to 12 months at a time on Code 2.
3.2 Dependants
Dependants who are based, or who intend to base themselves, in the United Kingdom should be granted leave to remain for the same period as the worker’s leave to remain on Code 1.
3.3 Switching
A person admitted in another category may apply to switch to continental shelf employment.
3.4 Refusal of leave to remain
If the employment will not be wholly outside of UK waters, leave to remain should be refused on the basis that the person is seeking leave to remain for employment for which permission under the PBS is required. Please speak to an Entry Clearance Manager when considering to refuse an application.
4. Settlement
Applications for indefinite leave to remain from continental shelf workers and/or their dependants should normally be refused on the basis that their original leave to enter or remain in the United Kingdom was not in a category that leads to settlement. Indefinite leave may be granted, however, if they qualify in some other way under another category of the immigration rules or under a concession that can lead to settlement.