Frontier Worker Permit Guidance Published and Application System Opened

The situation

The UK government has published guidance and opened the application process for European Union (EU), European Economic Area (EEA) and Swiss nationals seeking to continue frontier worker activities in the United Kingdom after June 30, 2021, the end of the frontier worker grace period.

A closer look

Key details of the new process include the following:

• Eligible individuals. Individuals are eligible to apply for a Frontier Worker Permit if they are:
  • EU, European Economic Area and Swiss nationals;
  • Not primarily resident in the United Kingdom;
  • Active as a worker, a self-employed person or a person with retained worker/self-employed status (someone who is considered to be a frontier worker/self-employed but is temporarily not working for an acceptable reason, including illness, accident, involuntary employment, relevant vocational training or pregnancy) in the United Kingdom;
  • Performing such activities in the United Kingdom before 23:00 GMT on December 31, 2020.
• Non-eligible individuals. Individuals seeking to start work in the United Kingdom after December 31, 2020 at 23:00 GMT are not eligible for a Frontier Worker Permit and will require a standard UK work visa or an alternative status for which they are eligible.
• Dependents. Family members of frontier workers are not covered under the Frontier Worker policy and will be required to obtain a separate immigration status if traveling to the United Kingdom. 
• Duration of permits. The Frontier Worker Permit will be issued for five years to workers and self-employed persons and for two years to persons with retained worker/self-employed status. It is renewable.
• Application process. Eligible frontier workers can now apply via the ‘UK Immigration: ID check’ app. Alternatively, applicants abroad can submit biometrics through a visa application centre. Starting January 22, 2021, individuals can also apply online from within the United Kingdom, without using the app. The application will be online and free of charge. Application processing times have not yet been confirmed.
• Issuance of permits. Individuals applying via the ID check app will receive a digital permit. Out-of-country applicants applying via a visa centre will receive entry instructions and can collect a physical permit on arrival. In-country applicants not using the app and applying online instead (beginning January 22, 2021), will receive a physical permit.
• Grace period. Eligible frontier workers may continue to work in the United Kingdom as a frontier worker without an additional visa or permit for these activities until June 30, 2021. Beginning July 1, 2021, they will require a Frontier Worker Permit or other suitable UK visa type to continue frontier working in the United Kingdom.
• Irish nationals exempt. Irish nationals do not require a Frontier Worker Permit to continue their activities in the United Kingdom.

 

Background

Under the Withdrawal Agreement, eligible individuals with an established cross-border worker status before December 31, 2020 should be allowed to continue their activities. Some EU governments have already published cross-border worker policies for UK nationals, but for many locations this aspect of post-Brexit processes remains pending. Updates are published on this consolidated page as they become available.

Impact

The guidance allows eligible frontier workers and their employers to prepare their applications and plan their work activities as a frontier worker in the United Kingdom in 2021. Foreign nationals who do not want to apply for a Frontier Worker Permit in the United Kingdom should check if they are eligible for other options to continue to perform activities in the United Kingdom, including entering as a business visitor or applying under the EU Settlement Scheme or the new immigration system. Penalties apply to individuals working without work authorization.

Looking ahead

Frontier workers must ensure they hold a Frontier Worker Permit by July 1, 2021 in order to continue or begin frontier worker activities in the United Kingdom.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].