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UK Immigration Law changes for the Fishing Industry: New Sponsorship Requirements.

April 25, 2023 Amir 3 Minutes Read

Maritime law and immigration law can be complicated areas to navigate, especially for those in the maritime industry. This blog post aims to provide some clarity on these two areas of law for offshore workers, fishermen, and crew working aboard fishing vessels.

As those in the fishing industry are aware; Maritime law governs the activities that take place on the sea.

There are two important areas to consider: the territorial sea and the contiguous zone. The territorial sea extends 12 nautical miles from the baseline, and it is under the jurisdiction of the state, in this case the United Kingdom. Foreign vessels have the right to navigate through it, known as "innocent passage." The contiguous zone extends a further 12 nautical miles beyond the territorial sea. Within this zone, the state can enforce its laws on specific matters such as customs, taxation, immigration, and pollution. It is essential to understand these zones' boundaries and the laws that apply to them to avoid any legal issues when working at sea.

Immigration law is another area that offshore workers, fishermen, and crew must be familiar with when working in the UK. If an offshore worker is a foreign national and the fishing vessel operates wholly or mainly within UK territorial waters (within the 12-mile limit), they need permission to work. To obtain permission, the offshore worker must apply for a skilled worker visa. This is a recent change (April 2023) and is discussed in more detail below.

An offshore worker is a person who arrives in the UK waters for the purpose of undertaking work in those waters without first entering the UK. However, a person is not considered an offshore worker if they arrive in the UK while working as a member of the crew of a ship that is just innocently passing through the territorial sea or the right of transit passage.

Several types of employment require permission to work in the UK, including domestic passenger ferry services between UK ports where the ship involved has a passenger certificate, scheduled domestic freight services, inshore dredging, harbour and estuary operations, other port services, fishing vessels operating wholly or mainly in UK territorial waters, and vessels servicing wind farms within UK territorial waters.

It is important to note that some seamen who arrive in the UK and are required to leave on that ship as a member of the crew or leave within seven days on another ship are exempt from requiring sponsorship. They would obtain a temporary shore leave, which is a leave to enter.

The Immigration (Offshore Worker Notification and Exemption from Control (Amendment) Regulations 2023 set out that from 12 April 2023, an offshore worker must report when they arrive in and leave UK waters.

The sponsor (ie the UK employer) of an offshore worker is responsible for fulfilling the notification requirement and must notify the Home Office of the dates when that worker first arrives in UK waters at the beginning of the job for which they are being sponsored and leaves UK waters at the end of the job for which they are being sponsored. The notification must be made no earlier than the date the worker arrives in or leaves UK waters, whichever is relevant, and no later than ten working days after the relevant date. Offshore workers without a sponsor should notify the Home Office themselves each time they arrive in and leave UK waters.

In summary, understanding maritime and immigration law is crucial for offshore workers, fishermen, and crew working aboard fishing vessels. It is essential to know the different zones and laws that apply to them to avoid legal issues. If you are a foreign national working in the UK territorial waters, you need permission to work and may require a skilled worker visa. Offshore workers must report when they arrive and leave UK waters, and sponsors are responsible for fulfilling this notification requirement. By staying informed and up-to-date on the laws and regulations, you can ensure that you are working legally and avoid any legal issues.

How Westkin Can Help:

Westkin Associates are a London based law firm which specialises in Immigration Law and UK Sponsorship. Michael Marziano has experience in advising on the issues arising out of April 2023 changes. He can advise on Sponsorship, including obtaining a sponsor licence, completing skilled worker visa sponsorship certificates, compliance as a sponsor, and all aspects of UK Immigration law and compliance.

He is on michael.marziano@westkin.com

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