If you are on a vessel right now, in UK waters (inside the 12 mile zone or alongside) read this and then have a look around you. If you have Filipino project people on-board (on shift) then there is probably an immigration law being broken right now.
For the purposes of this discussion: Foreign workers working offshore in the UK sector of the North Sea – UK immigration law and it’s accepted interpretation is currently this.
- Employment on oil installations based in international waters outside the 12-mile limit does not require a work permit.
- Persons seeking entry to the UK to take up such employment therefore do not require and are not given, authorisation for such employment, but may be given leave to enter or remain to allow them to go offshore for such employment.
- Offshore workers on vessels are not seafaring ‘crew’ as defined in the Immigration Act 1971, and are not dealt with in accordance with the provisions for seafaring crew and should not be dealt with in the same way as seamen.
Because the work is conducted outside the 12 mile limit the above rules with regard to oil installations will apply. But the employer must apply for a multiple entry work permit for the employee whilst they are engaged working on the vessel inside the 12 mile limit or when in Harbour. If the employee does not hold an EA passport and is working without a work permit, he is working illegally and the company will be fined by the courts for employing an alien.
In effect this means that foreign workers (that are not ships crew) are legally allowed into the UK (without a multiple entry work permit) to work in/on offshore installations (ships are included in this definition) in the UK offshore industry outside the 12 mile zone.
They do not fall under ships crew regulations but ,equally, are not protected/or subject to ships crew immigration laws.
Foreign worker (not ships crew) onboard with no multiple entry work permit?
To comply with UK immigration law they should not lift a finger once transiting into (or remaining within) the 12 mile limit, this of course includes mobilisation and demobilisation alongside.
For the purposes of this topic:
What is the UK definition of a foreign offshore worker?
Anybody on the boat that is not signed on as ships crew and does not hold an EA passport (EA Nationals cover all EC countries and EFTA countries (Norway, Switzerland, Iceland and Lichtenstein).
(EA means Economic Area)
Who can work on a ship within the 12 mile zone (No work permit required)?
a) Foreigners signed on as ships crew
b) EA Nationals (as defined above)
In layman terms
If you have Filipino project crew onboard, be they riggers ROV, co-ordinators or otherwise with no multiple entry work permit. They should not be on shift if the vessel is within the UK 12 mile zone. If they are working then they are most likely in breach of UK immigration law and the company employing them may be subject to prosecution for employing an alien without the correct permits.
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