UK Border Force checks
The UK Chamber of Shipping (“UKCOS”) has informed its members that it has received reports that the UK Border Force is stepping up checks on work being carried out in UK territorial waters, particularly in connection with the construction and servicing of wind farms.
They understand that the Border Force is checking whether the crews of vessels engaged in such activities require, and are in possession of, permission to work. There have been instances of the UK Border Force asserting that seafarers on such vessels are ‘Offshore Workers’ under Section 11A of the Immigration Act 1971, which means that exemptions from immigration controls and permission to work that apply to seafarers are not available.
Parties who are engaged in these activities may wish to verify whether any restrictions apply to the employment of any of their crew members and, if so, whether they are entitled to work in the UK by virtue of being UK or Irish nationals, overseas nationals with settled status in the UK or holders of Frontier Worker Permits.
It is critical that Owners and Masters ensure full compliance with UK immigration and work permission requirements whenever a vessel is operating within 12 nautical miles of the UK coast. In particular, if a vessel is working close to the boundary, Masters must take particular care to avoid unintentionally entering UK territorial waters. We strongly advise all parties to review their operational procedures and crew documentation, and to seek legal advice where there is any uncertainty regarding immigration compliance.
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