Guidance

Offshore wind workers Immigration Rules concession 2017: October 2022 update

Updated 31 October 2022

This guidance was withdrawn on 23 May 2023

This guide is no longer in use, this concession has now expired.

In 2017, the Home Secretary introduced a concession to the Immigration Rules to allow the employment of foreign 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 30 April 2023. The concession will not be renewed beyond this date. This extension will allow industries and businesses to fully prepare for any changes they need to make to ensure full compliance with the UK immigration system, should they wish to bring in foreign national workers to work in UK waters. All foreign nationals coming to the UK to work in UK waters, including on a wind farm, will need permission to work in the UK before starting work.

The terms of the concession 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 foreign national workers leave to enter the UK until 30 April 2023 for the purpose of joining a vessel engaged in the construction and maintenance of a wind farm within UK territorial waters.

3. Leave to enter under the terms of the concession will not be granted beyond 30 April 2023. 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. Time spent in the UK under this concession will not count towards settlement. A person who is granted leave under this concession may not have recourse to public funds.

5. 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 letter from their employer stating that the worker is employed in the construction or maintenance of a wind farm project within territorial waters
• if they are a visa national and cannot produce a relevant seaman’s book (see below), a transit visa (see entry clearance section below)

6. Additionally, a person may only be granted leave to enter under this concession if they are aged 18 or over on the date of entry.

Entry clearance for visa nationals

7. A visa national (c.f. Appendix Visitor: Visa national list) should apply for and obtain entry clearance prior to travel to the UK, unless they can produce 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 ILO Convention 108).

8. Persons requiring entry clearance should apply online on gov.uk 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.

9. A person may only be considered for entry clearance under this concession if they have produced: - a valid passport - a letter from their employer stating that the worker is employed in the construction or maintenance of a wind farm project within territorial waters

10. On arrival to the UK, visa nationals must report to an Immigration Officer to apply for leave to enter under the terms of paragraphs 1-6 above.

11. The Home Office will have regard to Part 9: grounds for refusal of the Immigration Rules in considering the suitability of a person seeking entry clearance under this concession.