Frontier Worker Permit UK

What is Frontier Worker Permit?

The Frontier Worker Permit is a type of work visa for 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.

Who is eligible for Frontier Worker Permit?

Only EU, Switzerland, Norway, Iceland and Liechtenstein nationals can apply for the Frontier Worker Permit Scheme. In addition, you must be classed as a primary resident outside the UK. 

You can meet the primary residence requirement if you have spent less than 180 days in the UK over any 12 months. You can still be eligible if you have spent over 180 days in the UK in 12 months. For example, if you have returned to your home country at least once every 6 months or twice in 12 months.

Applicants for the Frontier Worker Permit Scheme must also meet the requirements for working in the UK. The working requirements are as follows:

• You must have started working in the UK whilst living in another country by 31st December 2020.
• The type of work that you do must be eligible for the permit.
• You must have worked in the UK at least once every 12 months since starting here.

Eligible work includes both employed and self-employed work. To be classed as eligible, your work in the UK must be “genuine and effective,” meaning it must be more substantial than one-off tasks. Eligible work does not include attending interviews, signing a contract, or participating in a one-off competition.

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.

If your application is successful, you will receive a notice that it has been approved. You will be issued a digital permit if you used the app when applying. Applicants who did not use the app will be sent a physical permit if they are in the UK. Alternatively, they will receive an email informing them that they can collect their permit once they are in the UK if they applied from another country.

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.

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.