Frontier Worker Permit UK

What is Frontier Worker Permit?

The Frontier Worker Permit is a type of work visa for certain EU citizens who are not resident in the UK but regularly work in the UK.

It was designed to address EU citizens’ needs following the The Brexit Withdrawal Agreement. It requires the UK government to ensure that frontier workers working in the UK before the 31st December 2020 retain their free movement rights.

The new Frontier Worker Permit was created for Frontier Workers who work in one country and live in another to continue doing so. The permit typically lasts 5 years.

Frontier Worker Permit Requirements

You must fit all of the below eligibility criteria in order to be suitable for a Frontier Worker Permit. These include the following:

• You’re from the EU, Switzerland, Norway, Iceland or Liechtenstein
• You live outside of the UK
• You began working in the UK by 31 December 2020
• You’ve worked in the UK at least once every 12 months since you started working here (although there are exceptions if you were unemployed or were unable to work)
• You’re not a British citizen

Irish citizens do not need to apply for the Frontier Worker Permit, but can choose to do so if they wish.

Residency Requirements

You must live primarily outside of the UK to be eligible for this visa.

Most applicants will be eligible if they have spent less than 180 days in the UK over the course of any 12 month period. However, if you’ve exceeded this limit, you still may be eligible if, during that 12 month period, you returned to the country you live in either once every 6 months or twice in that 12 month period.

You may also still be eligible if you can show proof of extenuating circumstances that meant you were unable to travel back to your country of residence during this time.

Work Requirements

You must fulfil the work requirements to be eligible for this visa.

These include the following. You must:

• Have started working in the UK while living elsewhere by 31 December 2020, either as an employed or self-employed person
• Do eligible work that is ‘genuine and effective’
• Usually have worked in the UK (as an employed or self-employed person) at least once every 12 months since you started working here

You still may be eligible for the visa if you’ve been unemployed or not worked during this time if you were:

• Temporarily unable to work because of an illness or accident
• Temporarily unable to work because you were pregnant or had given birth
• Voluntarily unemployed and doing vocational training related to your last occupation
• Involuntarily unemployed, and either looking for work in the UK or doing vocational training

If you became involuntarily unemployed and are looking for work, you’ll keep your status for either 6 months if you worked in the UK for less than a year before becoming unemployed, or as long as you continue to look for work, if you worked in the UK for a year or more before becoming unemployed.

Can I apply for the Frontier Worker Permit Scheme if I am unemployed?

If you have been unable to work or have been unemployed in the UK for 12 months, you may still be eligible for a Frontier Worker Permit if you have retained Frontier worker status. You can retain your frontier worker status if you have not worked for 12 months for one of the following reasons:

• You were temporarily unable to work because of an illness or accident
• You were temporarily unable to work because you were pregnant or had given birth
• You failed to come to the UK and work because of the COVID-19 pandemic
• You were voluntarily unemployed and undertaking vocational training that related to your last job
• You were involuntarily unemployed and were actively looking for work in the UK or participating in vocational training

Those unemployed and looking for work can only retain their frontier worker status for 6 months if:

• they have worked in the UK for less than a year before becoming unemployed
• if they have worked in the UK for more than a year, they could retain their status as long as they continue to look for work. They must be registered as job seekers and show evidence that they are looking for work.

Frontier Worker Permit Application Process

To obtain a Frontier Worker Permit, you must apply online using the form on the gov.uk website.

When applying, you will need a valid passport or national identity card and must submit some supporting documents. 

The documents you need will vary depending on your circumstances, such as whether you are employed or self-employed. They could include your employment contract, payslips, or copies of invoices for work carried out in the UK. You will be informed about the documents you will need at the time of your application.

As part of the Frontier Worker Permit application process, you must prove your identity. You can confirm your identity using the UK Immigration ID Check app. You must create an account and scan your identity document.

If you do not have a smartphone or cannot use the app, you may need to attend an appointment to prove your identity. If you’re applying from outside the UK, you must go to a Visa Application Centre to have your photograph and fingerprints taken. If you are applying from inside the UK, you will need to have your photo taken at a UK Visa and Citizenship Application Services (UKVCAS) service point.

If you are applying as a Frontier Worker with retained status, you must also submit evidence that you qualify for the status. This could include doctors’ letters if you have an illness or copies of job applications seeking employment.

Frontier Worker Permit fees 

There are no fees associated with the Frontier Worker Permit.

In addition, you will not have to pay the immigration healthcare surcharge.

You may, however, need to pay to provide your biometrics information at a local visa application centre, which may cost around £19.20.

After you have applied for the Frontier Worker Permit 

After you submit your application, the Home Office will review it for approval.

If your application is approved, you will receive a notice from the Home Office along with your permit.

If you proved your identity using the ‘UK Immigration: ID check’ app, you will receive a digital copy of your permit.

If you did not use the app to apply, you will be sent either of the following:

• A physical version of the permit (if you applied inside the UK)
• An email explaining how you can come to the UK and collect your permit (if you applied outside the UK)

If your application was unsuccessful, you will receive a notice informing you of this and the reasons why you were refused or rejected. You will also be advised if you are eligible for an administrative review or immigration decision appeal.

Do I need to apply for the Frontier Worker Permit to work in the UK?

Before applying for a Frontier Worker Permit, it’s essential to consider the other immigration options that you may have. The Frontier Worker Permit is not the only route open to EU and EEA citizens. You may be eligible for other worker routes with more benefits.

If you have obtained pre-settled or settled status under the EU Settlement Scheme, you do not need to apply for a Frontier Worker Permit to work in the UK. Your immigration status will already grant you the right to work here.

If you do not have a settled status under the EU Settlement Scheme, other UK visas may suit you better. The UK operates a points-based immigration system. There are several different work visas under this system. These include the Skilled Worker Visa, Temporary Worker Visa, and other occupation-based visas. 

Unlike the Frontier Work Permit, many UK work visas can be used as a route towards Indefinite Leave to Remain and eventual citizenship. If you want to make the UK your permanent home, applying for a work visa may be a better option.

What can frontier workers do?

Frontier Worker Permit holders can enter the UK to work as employed or self-employed. They can do any work that is considered “genuine and effective.”

Frontier workers’ rights include the ability to work, rent property, and access benefits if they meet eligibility requirements. They can also access NHS healthcare and are not required to pay the immigration health surcharge.

Your family members can also join you in the UK, but they will not be included in your permit. Instead, each family member must apply individually for an EU Settlement Scheme Family Permit.

Contact our expert immigration lawyers to learn how to apply for the scheme’s Frontier Worker Permit for you and your family.

Frontier Worker Permit validity

Frontier Worker Permits are normally valid for 5 years at a time, or 2 years if you applied with retained status (i.e. if you successfully applied after not having not worked or being unemployed in the UK in a given 12 month period).

With your permit, you will be able to change jobs or become self-employed in the UK without needing to tell the Home Office.

You need to tell the Home Office if you stop working in the UK and do not meet one of the retained status criteria.

Also note that you will likely need to pay tax on any UK income you earn.

Renewing the Frontier Worker Permit 

You may be eligible to renew your Frontier Worker Permit if your permit is about to expire and you continue to meet the basic eligibility criteria for the permit.

You will have to show a range of documentary proof to the Home Office to prove that you are still eligible, such as providing details of your work in the UK, proof of overseas residence and history of travel.

If you wish to renew your permit and you are not currently employed or self-employed, you may still be able to renew your permit for a period of up to 2 years as an individual with retained status.

Frontier Worker Permit to ILR 

Unfortunately, the Frontier Worker Permit is not a viable pathway to permanent residence (also known as indefinite leave to remain) in the UK.

As the permit’s validity relies on the holder being mostly resident outside of the UK, this will not enable the holder to seek permanent residence in the UK. Most pathways to permanent residence in the UK require the holder to maintain continued residence in the UK without excessive leaves of absences.

However, Frontier Worker Permit holders should check if they are eligible for settled status under the EU Settlement Scheme if they wish to permanently settle in the UK, as this scheme is specifically targeted at EU citizens who were already resident in the UK prior to 31 December 2020.

What if my application for frontier worker permit has been refused?

If your application for frontier worker permit has been refused, you will generally receive a letter explaining why.

It will also tell you if you can apply for an administrative review or an immigration decision appeal.

You may pursue these options if you believe that your application has been unfairly refused or if the Home Office has not considered all the facts of your case when reviewing your application.

Alternatively, you may apply for your permit again if you believe that you have taken all the necessary steps to rectify the issue(s) that led to your initial refusal.

How can IAS help?

The end of the Brexit transition period and free movement between the UK and EU has meant that the UK immigration rules have changed considerably. This has created complications for many EU and EEA citizens. It has led to some disruption to working patterns and uncertainty about the future. Our expert immigration lawyers are here to help. 

All of our lawyers are knowledgeable about the latest changes to UK immigration law. They can help you navigate the post-Brexit UK immigration system.

If you are an EU or EEA citizen and were working in the UK before the end of free movement, our lawyers can help you apply for a Frontier Worker Permit, so that you can continue to work here. 

If you are unsure about whether you are eligible for this permit or whether there are better immigration routes available to you, our lawyers can offer professional immigration advice that you can trust. For more information about the services that we offer, don’t hesitate to get in touch with our team today on +44 (0)333 414 9244.