Warning for offshore wind workforce as immigration rules come to an end

The UK is a world leader in offshore wind and the sector is expected to create 800,000 jobs by 2030, however, who will fill those roles?

According to the law firm, Fragomen, the number of windfarm developments within UK territorial waters is increasing, but the pool of immediately available and qualified individuals to support the delivery of these projects is decreasing.

Since 2017 there has been a measure in place to reduce the impact of this skills shortage, the offshore wind workers concession.

This allows overseas workers who are essential to the construction and maintenance of windfarms within UK territorial waters to complete their work without needing a visa.

© Supplied by Fragomen

Under the concession, non-visa nationals don’t require a visa to conduct their work.

In contrast, visa nationals require either a visitor in transit visa or a seaman’s book compliant with the relevant convention, but not an actual work permit.

As Fragomen solicitor Kelly Hardman explains, immigration is inevitably a central issue today for employers striving to ensure they have the workforce they need – and she advises, they should already be planning as a key area of concession comes to an end.

Extensions and deadlines

The offshore wind workers concession has been subject to extensions in the past, “often at the 11th hour,” according to Fragomen. However, it is set to come to an end on the 30th of April this year.

The law firm explains that due to these last-minute extensions, companies have “laid people off, decided not to renew contracts and taken steps to invest to ensure they were ‘immigration ready’ from a visa sponsorship perspective, only to learn of another extension.”

The UK government says that the 2023 extension was the final one this concession will see, meaning employers have a handful of weeks to take all the necessary precautions if they intend to keep overseas workers on their books for UK jobs.

Wind workers options

Because there is no grace period, workers who are in the UK at the end of the wind workers concession will need to either regularise their status before the concession ends or leave the UK and then apply for the relevant work permit to be able to return.

Employers do have a couple of options before the deadline to make sure any foreign workers they currently employ fall within the current UK immigration system requirements.

One option is the Frontier Worker Permit, introduced in 2020 as part of the Withdrawal Agreement to preserve the rights of cross-border workers to come to the UK to work after July 1st, 2021.

© Supplied by RMI

However, to take advantage of this an employer needs to have a sponsor licence, which if it does now, applications can take around three months to be successful.

Another option firms can look into is Global Business Mobility routes for senior/specialist workers and service suppliers which are available to workers employed by an overseas entity and undertaking temporary assignments in the UK and to overseas workers who serve as contractual service suppliers employed by overseas service providers or as self-employed independent professionals based overseas.

This also requires a company to hold a sponsor license.

Possibilities for non-sponsors

The options listed above both require a wind worker’s employer to hold a sponsor license but there are options for those without one.

Partners of a British citizen/person present and settled in the UK, High Potential Individuals, those who can apply for an Ancestry visa and young people who qualify under the Youth Mobility Scheme all have options for obtaining a visa.

Fragomen urges firms to start looking into their options now as there are “a few weeks left before the concession ends,” meaning that employers should act now if they need wind workers from the start of May.

Offshore wind hit harder than others

The end of this consultation appears to show the offshore wind sector is being hit harder than other spaces.

The well-boat (fishing vessel ship) concession, introduced in 2022, has been proactively extended for a further year until 2024.

Alongside the windfarm concession, it’s an example of how UK immigration has adapted to business needs.

This has also been demonstrated in the wake of recent fuel shortage challenges as HGV drivers were afforded greater leniency from an immigration perspective.