The Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023

• Citation: S.I. 2023/346
• Sections: 4

Section 1 Citation and Commencement

(1) These Regulations may be cited as the Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023 and come into force on 12th April 2023.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Offshore Worker Notification Requirement

(1) Unless paragraph 2 applies, an offshore worker must notify the Secretary of State of the date on which each of the following occurs—

(a) the offshore worker arrives in the United Kingdom, and

(b) the offshore worker leaves the United Kingdom.

(2) Where the offshore worker has a sponsor, the sponsor must make the notification to the Secretary of State.

(3) A sponsor who must make a notification by virtue of paragraph (2) need only notify the Secretary of State of the date on which—

(a) the offshore worker first arrives in the United Kingdom at the beginning of the job for which they are being sponsored, and

(b) the offshore worker leaves the United Kingdom at the end of the job for which they are being sponsored.

(4) The notification must be made—

(a) in relation to arrival in the United Kingdom, no earlier than the day the offshore worker arrives in the United Kingdom and no later than 10 working days beginning on the day after arrival;

(b) in relation to leaving the United Kingdom, no earlier than the day on which the offshore worker leaves the United Kingdom and no later than 10 working days beginning on the day after the offshore worker has left the United Kingdom.

(5) The notification must be made —

(a) by a sponsor, in the manner specified by the Secretary of State within the immigration skills arrangements ;

(b) by an offshore worker, in writing to the Secretary of State.

Section 3 Compliance by offshore worker

Where an offshore worker fails to comply with any requirement of regulation 2, the Secretary of State may—

(a) cancel or vary that offshore worker’s leave to enter or remain in the United Kingdom;

(b) refuse any future application by that offshore worker for leave to enter or remain in the United Kingdom.

Section 4 Amendment to the Immigration (Exemption from Control) Order 1972

(1) The Immigration (Exemption from Control) Order 1972 is amended as follows.

(2) In Article 5—

(a) after paragraph (1)(e) insert—

(f) any person working on a foreign fishing boat authorised to fish in accordance with a sea fishing licence granted under section 17 of the Fisheries Act 2020 where that work is being undertaken pursuant to an international agreement or arrangement to which the United Kingdom is a party

(b) in paragraph (2), for “and (e)” substitute “, (e) and (f)” ;

(c) after paragraph (3) insert—

(4) In paragraph (1)(f), “ foreign fishing boat ” and “ sea fishing licence ” have the same meaning as in section 52 of the Fisheries Act 2020.