Seafarers post Brexit: Navigating the changes

The post-Brexit legal landscape has introduced several key alterations that impact seafarers’ employment and mobility. This analysis will outline some of the significant changes and their implications.

End of free movement

One of the most significant changes resulting from Brexit is the end of free movement between the UK and EU member states. Previously, seafarers from EU countries could work in the UK without any restrictions, but with the new rules, EU seafarers are now subject to the same immigration requirements as non-EU seafarers. This means they need visas to work in the UK.

The hardening of borders with Europe has caused issues for seafarers even if they were partly obscured by Covid restrictions. The scale of the issue for UK seafarers is difficult to measure. For UK yacht crew, for example, the loss of freedom of movement and the application of Schengen rules has made it harder to remain in the EU for extended periods while seeking work.

The UK points-based immigration system introduced in January 2021 had the potential to stop companies importing cheap labour and undercutting UK pay and conditions, which seemed to be a positive change for seafarers working domestically. However, it was evident from the treatment of workers in the P&O Ferries scandal that such changes have not been widely implemented.

Changes in certification recognition

Prior to Brexit, seafarers’ certifications obtained in EU member states were automatically recognised in the UK, and vice versa. That has now changed. The UK has implemented its own certification regime, and EU seafarers seeking employment in the UK may need to undergo additional assessments or obtain UK-specific certifications.

Since 1 January 2021, identical immigration rules apply to all EU and non-EU seafarers transiting through the UK. There have been several cases of non-UK seafarers being refused entry to the UK and being removed due to incorrect immigration documentation or lack of evidence of purpose for their entry to the UK. This has been intensified by the UK Visas and Immigration department taking an inconsistent approach to when a seafarer requires a visa.

Impact on cabotage rights

Cabotage refers to the transport of goods or passengers between two points within a country by a vessel registered in that country. Before Brexit, EU member states enjoyed cabotage rights in the UK, allowing vessels to transport goods or passengers between UK ports. Now, EU vessels no longer have automatic cabotage rights. This could obviously limit employment opportunities for EU seafarers within the UK.

Potential for new bilateral agreements

There is, however, potential for new bilateral agreements between the UK and EU member states. These agreements could address some of the issues faced by seafarers, such as facilitating mutual recognition of certifications or providing preferential treatment for seafarers’ employment. Negotiations and discussions are ongoing, and the outcome of these agreements could have a real impact.

Because seafarers regularly transit between adjoining and regional countries, different adaptations are needed to meet the new rules. Foreign crews who operate on vessels within UK territory are subject to even more specific rules and these regulations are often rigorously enforced by the UK government.

Seafarers can adapt in a Post-Brexit situation by: 

• · Proper declaration: Officials in the UK stop and inspect vessels regularly. However, major changes should not apply when it comes to getting customs clearance. There could be potential challenges for UK nationals, especially related to possible EU-imposed limits, during their stay within EU waters.
• · Staying updated: Crews with Irish nationality do not require visas to work in the UK. Those from Lichtenstein, Iceland, Norway, and Switzerland can also work on vessels that remain outside the 12nm limit. However, regulation ambiguity makes it imperative to ask local authorities for updates.
• · Non-UK nationals: Non-UK nationals operating on vessels within 12nm of the UK border must have UK work visas. Exemptions to this rule may apply, depending on certain types of vessels. If they disembark or embark on vessels that operate outside 12nm of the UK border, they may be able to join or leave a vessel based on the ILO108 convention (Seafarers’ Identity Documents Convention).
• · Joining a vessel: If a non-UK national does not have a UK work visa, but has a ratified ILO108 Seamans book, it is recommended that they obtain an ISL (Immigration Support Letter) from a Ship Agency. An identity card and passport are also general requirements. For a smooth embarkation, it is important to make sure details on the ISL match the information on other documents as well. Seafarers who join a vessel operating within UK territory must show entry clearance, even if they have a work visa. It is important to regularly check the UK Visas & Immigration website and obtain specialist legal advice where needed.

Brevis Law is a Hertfordshire based law firm and is diversifying into new areas as it expands from its core focus on conveyancing to offer immigration and other legal specialisms. For more information: www.brevislaw.co.uk