The Offshore Wind Worker Concession (OWWC), introduced by the UK Home Office in 2017, allowed companies working on offshore wind farms to recruit skilled and unskilled workers for their vessels without strict visa rules. This meant that employers could easily hire workers from both the EU and outside the EU for roles in offshore wind farm construction and maintenance.
However, the OWWC is ending on 31 October 2022, and employers will now need to find alternative ways to hire workers. This article explains what the end of the concession means for employers in the offshore wind industry and what visa options are available to continue hiring workers.
What is a Concession?
A concession is an exception to the standard visa rules, allowing workers to enter or remain in the UK under special conditions that are not part of the regular Immigration Rules. Concessions are usually temporary and made in response to specific needs, such as labor shortages in certain industries.
How the OWWC Worked
Under the OWWC, employers did not have to meet the usual sponsorship requirements when hiring offshore workers. Key features included:
- No sponsorship duties for employers.
- Workers did not need visas if they were from non-visa countries.
- Workers could enter the UK with minimal paperwork (often using a visitor in transit form).
- The concession allowed non-British workers to work on offshore wind farms for the duration of their stay without the need for a full work visa.
A large number of non-UK workers, such as engineers, vessel crew, and project managers, were employed under this system.
Is the OWWC Ending?
The OWWC has been extended multiple times, with previous announcements of its end in July 2021 and July 2022. However, the Home Office has now confirmed that the concession will end on 31 October 2022, with no further extensions. This marks the end of the temporary arrangement, and employers will need to follow the new post-Brexit Points-Based Immigration System.
Why Was the OWWC Controversial?
Not everyone supported the concession. Unions such as the National Union of Rail, Maritime, and Transport Workers (RMT) have opposed the measure, arguing that it undermined local employment. With the end of the concession, unions may celebrate as more opportunities are expected for UK workers.
What Should Employers Do Now?
From 31 October 2022, employers who hire offshore workers will need to sponsor them under the new immigration system. Here’s what employers need to do:
- Get a Skilled Worker Sponsor Licence: Employers must apply for a Skilled Worker Sponsor Licence if they want to hire non-British workers for offshore roles. This will allow you to sponsor workers for a Skilled Worker visa.
- HR Compliance: Employers will need to meet certain responsibilities, such as keeping proper records and monitoring the workers they sponsor. This includes following all rules about hiring foreign workers, even for offshore roles.
- Get Expert Help: Applying for a sponsor license and ensuring full compliance with the requirements can be complex. It is advisable to seek expert advice to help you get it right the first time. If you already have a sponsor license, compliance support will help you maintain it.
Other Visa Options
While the Skilled Worker visa is the default option for most offshore workers, some alternative visa routes might apply to certain workers:
- Frontier Worker Permit: EU workers who live in the EU but work in the UK can apply for a Frontier Worker Permit if they meet the criteria.
- Other Non-Sponsored Routes: Some workers may qualify for other visas, such as the UK Ancestry visa or the Youth Mobility Scheme visa. Each case needs to be reviewed individually.
It’s important to speak to an immigration advisor to explore the best visa options for each worker.
What About the Seaman Route or Visitor in Transit?
The Seaman route and Visitor in Transit options are not valid for working within the 12-mile nautical radius of the UK. These routes do not allow workers to engage in employment on UK-based offshore vessels, so they cannot replace a work visa.
As the Offshore Wind Worker Concession ends, employers in the offshore wind industry must adjust by applying for Skilled Worker visas or exploring other suitable visa options. If you are a current sponsor or planning to apply for a sponsor license, Law and Visas can help guide you through the process and ensure compliance with the UK’s immigration rules.
