Frontier Worker Permit

What are the Frontier Worker Permit requirements?

The requirements for the Frontier Worker Permit are as follows:

• You are a citizen of the EU, EEA, or Switzerland.
• You live primarily outside of the UK
• You have spent less than 180 days total in the UK during any 12-month period
• If you spent more than 180 days in the UK during a 12-month period, you returned to your country of residence once every 6 months or twice during the 12-month period.
• You began working in the UK by 31 December 2020.
• Your work in the UK is ‘eligible’ work.

If you do not meet the requirements for the number of days spent in the UK, you may apply and explain the circumstances. Perhaps you could not travel due to illness, for example.

Not Primarily Resident in the UK

An individual will be regarded as not primarily resident in the United Kingdom if they meet one of the following conditions:

• They have spent fewer than 180 days in the UK during any rolling 12-month period between 1 January 2020 and the date on which their application is assessed; or
• They have exceeded 180 days in the UK within a rolling 12-month period during this timeframe but have returned to their country of primary residence at least once every six months, or at least twice within any 12-month period; or
• They have exceeded 180 days in the UK within a rolling 12-month period and have been unable to meet the required travel frequency due to exceptional circumstances beyond their control or other compelling reasons.

For the purposes of this assessment, any day on which you are physically present in the UK—even for part of the day—will be counted as a full day of residence. Where reliance is placed on frequency of travel, it is important that the country to which you return is your country of primary residence. This does not need to be within the European Union, as Frontier Workers may reside in any country outside the UK.

Exceptional Circumstances

Where you have been unable to meet the required pattern of travel, you may still qualify if you can demonstrate exceptional circumstances. This requires providing evidence to satisfy the Home Office that there were factors beyond your control, or compelling practical or compassionate reasons, which prevented you from travelling as required. Each case is assessed on its individual merits, with careful consideration given to the circumstances presented.

Worker or Self-Employed Person Requirement

To qualify as a Frontier Worker, you must have undertaken work or self-employment in the UK at least once within the 12-month period prior to 31 December 2020. To maintain this status, you must continue to travel to the UK for work or self-employment at least once in every rolling 12-month period from your initial period of work in 2020.

It is essential that your work or business activity is genuine and effective. Activities that are minimal, incidental, or secondary to your primary life outside the UK will not meet this requirement.

Retained Worker or Self-Employed Status

If you have not been present in the UK as a worker or self-employed person for a period of 12 months or more since 1 January 2020, you may still be eligible for a Frontier Worker Permit if you qualify as a retained worker or self-employed person. To retain this status, you must have ceased working within 12 months of your last period of employment in the UK for one of the following recognised reasons:

• Temporary inability to work due to illness or accident
• Involuntary unemployment that has been formally recorded
• Involuntary unemployment followed by participation in vocational training
• Voluntary cessation of work in order to undertake vocational training relevant to your previous employment
• Temporary inability to work due to pregnancy or childbirth

As with active employment, your previous work must have been genuine and substantive in nature.

Ongoing Retention of Status

You may continue to retain your status as a worker or self-employed person beyond the initial 12-month period if you are actively seeking employment or self-employment in the UK. This typically requires registration with a recognised unemployment office or recruitment agency.However, if you have neither resumed work nor demonstrated active efforts to secure employment within this period, your retained status may lapse.

What exactly is ‘genuine,’ ‘effective,’ and ‘eligible’ work?

While there is no set definition of eligible work, the Home Office caseworker should be satisfied that the work you do in the UK is genuine and impactful on the lifestyle you maintain whilst in the UK. For example, they may consider:

• The hours you work.
• The employer/employee relationship.
• The contents of your employment contract.
• The frequency of the UK work.
• The level of earnings from your UK work.

You may wish to check with a solicitor if your UK activities primarily include activities like auditions, interviews, contract signing, negotiating one-off deals, or short briefings. Short-term, one-off activities like these may not necessarily be seen as effective.

What activities are permitted while on the Frontier Worker Permit?

If you are a Frontier Worker, you can access public benefits and services such as NHS healthcare. There is no particular route for family members of Frontier Workers to join you, however. If you are a Frontier Worker and you wish to bring family members, they can apply for the EU Settlement Scheme Family Permit. If they meet the requirements, they can also apply for the EU Settlement Scheme independently of you.

How Can Our Immigration Lawyers Help You?

Our team of specialist immigration lawyers can assist you in relation to your Frontier Worker Permit application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your Frontier Worker Permit application from initial instructions until a decision is reached on your application by the Home Office. If instructed, your case will be handled by a specialist immigration lawyer whose work will entail the following:

• Taking detailed instructions to find out all relevant facts;
• Advising you on the eligibility requirements of your application
• Advising you on the suitability requirements of your application
• Assessing the strengths and weaknesses of your case in light of your personal circumstances;
• Where necessary, advising you on the weakness if your case and the steps you may be able to take to mitigate those weaknesses;
• Presenting you with a comprehensive list of documents to provide in support of your application;
• Reviewing your documents to ensure they are in line with the requirements of the immigration rules in relation to your application and they are in the right format;
• Advising you on further documents to be provided where necessary following review of collated documents;
• Drafting your application form and presenting you with draft application for your consideration;
• Advising on the application form details and making amendments where necessary or requested by you;
• Drafting detailed letter of representations, demonstrating that all legal requirements relating to your application have been satisfied;
• Drafting witness statements for you and other relevant witnesses where necessary;
• Where possible, taking necessary steps to submit your application via Priority service to ensure faster processing time;
• Uploading all the necessary documents in support of your application onto the Home Office application portal;
• Arranging an appointment for you to enrol your biometrics as part of your application process;
• Liaising with the Home Office, where there has been a request for further information or documents;

Why Choose Our Specialist Immigration Lawyers For Frontier Worker Permit Application?

Our expert immigration lawyers have a wealth of experience in handling all types of immigration applications and have successfully assisted many applicants with their Frontier Worker Permit applications. Below is a summary of reasons why we are different and are the right fit for you:

High Quality Advice and Representations

Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.

Remote Legal Services

Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face to face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face to face meeting and can also represent you remotely if necessary.

Specialist Advice and Representation

If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.