Work within the water

As the energy industry continues its post-COVID-19 rebound, the pandemic as well as economic and geopolitical factors continue to impact employers’ ability to best navigate the worldwide movement of their international workforce.

Offshore energy and maritime projects present challenges and complexities from an immigration standpoint. Globally, other sectors and the associated roles tend to sit more neatly within a jurisdiction’s immigration framework of rules, which often results in a menu of possible options from a visa perspective. With the offshore and maritime industries this is not as clear cut, which means employers must consider several key components to determine options and the likely applicable costs, which often require strategic and innovative planning.

Key considerations

Assessing immigration options in the context of the offshore energy and maritime presents unique considerations. For example:

Location

One vital consideration is whether the proposed work is to be undertaken within a jurisdiction’s territorial waters, or within the continental shelf. United Nations Convention on the Law of the Sea (UNCLOS) governs/determines the type of waters that have jurisdiction over the applicable vessel, rig, or unit.

Type of vessel

The type of vessel, rig, or other category of installation can influence the options.

Job roles

Roles are often highly specialised; however, workers may not necessarily have formal qualifications or possess specific language skills which can impact visa eligibility.

Documents

Specific countries recognise International Labour Organization (ILO) conventions which may mean a worker holds paperwork that facilitates certain rights to work. The UK, for example, recognises documents issued by countries that have ratified the 1958 ILO Seafarers ID Convention No. 108. The UK agreed a new convention ILO 185 in 2003 but this isn’t currently ratified. The US doesn’t recognise ILO 108 or 185.

Other considerations

Some governments may have concessions that facilitate specific types of offshore work without the need for a formal work permit. There may also be special rules from port or regional authorities, or considerations around the flag/control or the vessel and whether the vessel encroaches the seabed.

Energy industry and UK immigration

The UK’s immigration system is not the easiest to navigate. Currently, there are limited offshore and maritime sector specific visas/exemptions, and the ‘one-size fits all’ approach has attracted scrutiny resulting in Scotland calling for a tailored migration policy in 2020. In addition, the UK has one of the most expensive systems globally, with government fees for sponsorship easily exceeding £10 000 for a single applicant obtaining a five-year visa. The fast-paced nature of crew changes with little or no advanced warning can create logistical and financial challenges for applicants, employers, and clients.

UK immigration in the offshore/maritime sector can be spilt into two common scenarios, triggering the need for work authorisation…

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Read the article online at: https://www.worldpipelines.com/special-reports/25082023/work-within-the-water/