Frontier workers are individuals who are employed or self-employed in one country but reside in another, frequently travelling between the two for work. In the context of the UK, a Frontier Worker Permit allows eligible individuals to continue working in the UK while living elsewhere in the European Economic Area (EEA) or Switzerland. The permit applies to those who were already working in the UK before the Brexit transition period ended on 31 December 2020.
What is a Frontier Worker?
The introduction of the UK’s post-Brexit points-based immigration system and the end of EU free movement significantly impacted the immigration status of EU, EEA and Swiss citizens in Britain. Working across borders between the UK and the EU countries necessarily became more complex.
A frontier worker is an individual who lives in one country, or EU member state, but who travels to work regularly in a different country or member state. This includes any EU citizen, or citizen of the EEA or Switzerland, who is employed or self-employed in the UK but lives elsewhere. These individuals are also referred to as cross border workers.
To obtain the legal status as a frontier or cross border worker under EU law, the worker must return to the country in which they reside and of which they are nationals at least once every week.
Under the pre-Brexit free movement rules, this had become a common arrangement for thousands of EU, EEA and Swiss workers, where these individuals commuted to the UK for a few days a week or month for work.
In light of the change in regulations, eligible frontier workers were dealt with under a specific frontier worker permit scheme.
Frontier Workers Permit
Generally, frontier workers perform a type of work prohibited under UK business visitor visa rules. This means that in order to commute across the UK border, the frontier worker will require immigration status that allows work.
Following the end of the Brexit transition period, and up until 1 July 2021, frontier workers could continue entering the UK using just their travel documents.
However, from 1 July 2021, most EU, EEA and Swiss citizens working in the UK but living elsewhere now need to hold a frontier worker permit to enter the UK as a frontier worker. This is in addition to a valid passport or national identity card.
The frontier worker permit was launched in December 2020 to enable cross border workers to continue with their flexible working and travel arrangements without having to make applications under the points-based system.
Frontier workers permits are typically valid for five years (or two years if issued on a shorter-term basis), and are renewable, provided the individual continues to meet the eligibility criteria.
EU, EEA and Swiss citizens who were living in the UK before the end of the Brexit transition period should in most cases have applied for either settled or pre-settled status under the EU Settlement Scheme to retain their lawful status in the UK post-Brexit. In contrast, frontier workers need to apply to retain their status by applying for a frontier worker’s permit.
EU nationals who were not present and working in the UK prior to 1 January 2021 will need to apply for a visa to work in Britain.
Frontier worker permit requirements
Existing frontier workers who were employed or self-employed in the UK by 31 December 2020 can retain their frontier worker status from January 2021 provided they meet certain conditions.
Individuals may be eligible for a Frontier Worker Permit if all of the following apply:
- they are from the EU, Switzerland, Norway, Iceland or Liechtenstein
- they live outside of the UK
- they have worked in the UK by 31 December 2020
- they have kept working in the UK at least once every 12 months since they started working here
The frontier permit scheme is open to nationals of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.
Irish citizens do not need to apply for a frontier worker permit but they can choose to do so.
Applicants must be primarily resident outside the EU. This means being present in the UK for fewer than 180 days within the 12 months preceding the relevant day, or having returned to their country of residence at least once in the last six months or twice in the last 12 months before the relevant day unless there are exceptional reasons for not having done so.
An EU, EEA or Swiss worker may also be able to keep their frontier worker status if they have previously been a frontier worker and any of the following apply:
- They are temporarily unable to work due to illness or an accident
- They had been working in the UK but now are unemployed involuntarily and actively looking for work in the UK
- They are undergoing vocational training while involuntarily unemployed
- They are undergoing vocational training while unemployed, and the training is related to the work they carried out in their previous work
- They are temporarily unable to work due to pregnancy or childbirth
- They are on maternity or paternity leave but at the end of this period will either return to their previous employment, or find another job
Any worker that is eligible to keep their frontier worker status, either because they are working in the UK by 31 December 2020, or because they fall into any one of the above, will still need to apply for a ‘frontier worker permit’ to prove their right to enter the UK for work.
Applicants apply for a frontier worker permit using a free-of-charge online application from either inside or outside the UK.
UK work visa routes
Cross border or frontier workers who want to work in the UK from 1 January 2021, but were not working here before 31 December 2020, will need to apply for a visa. The visa they will need depends on the type of work and how long they want to come to the UK for, i.e. they will need sponsorship under the Skilled Worker route or obtain a visa via one of the other routes available.
For most work routes, the UK employer must obtain a sponsor licence which involves undergoing checks to demonstrate they are a genuine and solvent business, and senior personnel and key users of the service must undergo criminality and other security checks. Employers must also show that the roles they wish to recruit into are credible and meet the relevant salary and skills requirements. There is a fee to apply for a sponsor licence, in addition to the Immigration Skills Charge.
In most cases, where workers are coming to the UK for more than 6 months, they will also be liable to pay the Immigration Health Surcharge to enable them to use the NHS while in the UK, although frontline NHS and health care workers are exempt from paying this charge.
As with all points-based system applications, there will be a requirement for applicants to enrol their biometric information. However, in contrast to applications made by migrant workers from outside the EU, EEA or Switzerland who must make an appointment at a Visa Application Centre (VAC) to provide a photograph and scan of their fingerprints, most EU, EEA and Swiss visa applicants will not be required to attend a VAC and will instead provide just a facial image using the Home Office’s ID app.
Do Irish citizens need a Frontier Workers’ Permit?
The rules for frontier workers in the UK apply to all EU, EEA and Swiss citizens, with the exception of Irish nationals. If you are an Irish frontier worker you do not need to do anything to continue working in the UK from 1 January 2021.
Irish citizens will not need a frontier worker permit but may apply for one if they wish. This mirrors the exemption provisions for Irish citizens under the EU Settlement Scheme, where all Irish citizens will continue to be able to enter and live in the UK as they do now, but can apply for settled status under the scheme if they so wish.
This is because Ireland falls within the Common Travel Area (CTA). This is essentially the territories of the Republic of Ireland and the UK combined, including the Isle of Man and the Channel Islands, where citizens of either country enjoy the privileges accorded by the CTA.
Frontier workers travelling to the UK as visitors
Frontier workers holding a Frontier Worker Permit are allowed to enter the UK to work without applying for a separate visa. Frontier workers hold special status by virtue of qualifying under Part 2 of the Withdrawal Agreement, Part 2 of the EEA EFTA Separation Agreement or Part 2 of the Swiss Citizens’ Rights Agreement.
Travelling to the UK for any other reason besides qualifying work or self-employment, such as tourism, would not come under the exemption from the requirement to hold leave to enter or remain. This means a frontier worker travelling to the UK as a tourist would need leave to enter, for example, as a visitor.
As such, if a frontier worker does not have a Frontier Worker Permit and wishes to enter the UK as a visitor, they must comply with standard visitor rules.
If entering as a visitor, a frontier worker is subject to the restrictions of the UK’s visitor visa rules. This means they can only engage in activities permitted under visitor status, such as:
- Attending business meetings or conferences.
- Negotiating contracts or attending trade fairs.
- Participating in short-term training.
They cannot work or engage in activities that would be considered employment. To continue working legally in the UK, a Frontier Worker Permit is required.
Frontier Workers & Right to Work Checks
Employers must conduct Right to Work checks on all of their employees, including frontier workers, to discharge their duties under the prevention of illegal working regulations and to avoid allegations of discrimination.
Where an individual is a frontier worker, they must hold status in this capacity and after 1 July 2021, hold a valid frontier worker permit, or a valid CoA (Certificate of Application) if awaiting a decision. Employers can verify a permit using the Home Office’s online right to work check system. The employee shares their “share code” with the employer, which the employer uses on the Home Office portal to verify the individual’s right to work.
The Frontier Worker Permit must be checked before employment begins or as part of routine compliance checks for existing workers.
Records of checks should be retained for at least two years after employment ends to demonstrate compliance if audited.
Need assistance?
As employer solutions lawyers, DavidsonMorris’ immigration specialists advise on all aspects of business immigration and workforce global mobility. Working closely with our expert HR consultants, we provide a holistic advisory and support service to enable employers to consider the full people and legal risk concerns of operating across borders after the end of EU free movement. For advice on the rights and status of frontier workers from 2021, or the rules of hiring EU workers in the UK, contact us.
Frontier worker FAQs
Who qualifies as a frontier worker?
A frontier worker is an EEA or Swiss national who works in the UK but resides in another country. They must have been working in the UK before 31 December 2020 to qualify for a Frontier Worker Permit.
What is a Frontier Worker Permit?
The permit allows eligible frontier workers to continue working in the UK while living abroad. It is free to apply for and valid for up to five years, depending on individual circumstances.
Do Irish citizens need a Frontier Worker Permit?
Irish citizens are exempt from the requirement due to the Common Travel Area agreement between the UK and Ireland.
Can frontier workers enter the UK without a permit?
Frontier workers can enter as visitors, but they are not permitted to work in the UK without a valid Frontier Worker Permit.
What rights do frontier workers have in the UK?
Frontier workers with a permit can continue working in the UK, access certain benefits, and retain workers’ rights under UK law.
How do employers check a frontier worker’s right to work?
Employers must verify a Frontier Worker Permit using the Home Office online right to work checking service and retain records of the check.
What happens if a permit expires?
The frontier worker must renew their permit before it expires. Employers should ensure the worker’s right to work is valid throughout their employment.
Can frontier workers switch to other visa types?
Frontier workers may apply for a different visa if they meet the eligibility criteria, but they must do so before their current permit expires.
Is there a cost for the Frontier Worker Permit?
Applying for the Frontier Worker Permit is free of charge.
What happens if a frontier worker stops working in the UK?
They may lose their status as a frontier worker if they no longer meet the eligibility requirements. Exceptions may apply for temporary breaks in work due to illness or parental leave.
Glossary
Term | Definition |
---|---|
Frontier Worker | An individual who works in the UK but resides in another country, frequently travelling between the two. |
Frontier Worker Permit | A document allowing eligible EEA or Swiss nationals to continue working in the UK while living abroad. |
EEA | The European Economic Area, which includes EU countries plus Iceland, Liechtenstein, and Norway. |
Swiss National | A citizen of Switzerland, which has separate agreements with the UK post-Brexit. |
Common Travel Area (CTA) | An arrangement allowing free movement between the UK, Ireland, the Channel Islands, and the Isle of Man. |
Right to Work Check | A legal obligation for employers to verify that an individual has the right to work in the UK. |
Visitor Status | A category allowing individuals to enter the UK for specific activities, such as tourism or business meetings, but not for work. |
Certificate of Application (CoA) | A document confirming receipt of a permit application, which can be used temporarily for right to work checks. |
Immigration Rules | The legal framework governing entry, residence, and employment in the UK for non-citizens. |
Eligibility Criteria | The conditions that must be met to qualify for a Frontier Worker Permit, such as work history in the UK before 31 December 2020. |
Settlement | Permanent residency in the UK, also known as Indefinite Leave to Remain (ILR). |
Visitor Rules | Restrictions placed on individuals entering the UK as visitors, prohibiting employment activities. |
Temporary Breaks in Work | Periods where a frontier worker may not work due to illness, parental leave, or similar reasons, which may not affect their permit eligibility. |
Renewal | The process of extending a Frontier Worker Permit to continue working in the UK beyond its expiry date. |
Home Office | The UK government department responsible for immigration, security, and law and order. |
Right to Reside | A legal right to live in a particular country, often tied to employment or permit status. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/