10 December 2020

A new immigration route, the frontier worker permit, has been launched today, adding to the existing EU Settlement Scheme (EUSS) routes available to EEA and Swiss nationals. Contrary to the EUSS, this new permit will assist individuals who have been working in the UK whilst residing in another country and will permit them to continue to travel to the UK for work post 30 June 2021.

To be eligible applicants must be:

• an EEA (or Swiss) national;
• not primarily resident in the UK; and
• either a worker, self-employed or an individual who has retained the worker or self-employed person status in the UK.

Frontier workers must have met the above requirements by 31 December 2020. From 1 July 2021, EEA and Swiss nationals will need to hold a valid frontier worker permit in order to enter the UK as a frontier worker. Until then, these workers can still enter and work in the UK with a valid passport or national identity card.

Note that EEA and Swiss nationals who start work in the UK on or after 1 January 2021 will not be able to apply under the scheme and will instead need to apply under one of the UK’s immigration routes – more detail regarding these alternative routes can be found here.

Application process

Frontier workers can submit their applications either via the UK Immigration: ID check’ App or online, free of charge, from inside and outside the UK. Those using the App will be issued with a digital permit, individuals who do not use the App will need to submit the biometric data in person and will be issued with a physical frontier worker permit. Further documents will need to be submitted to evidence that the requirements of the category are met.

Successful applicants will obtain a five-year frontier worker permit unless they are relying on retained frontier worker status, in which case they will be issued with a two-year permit. Applications can be renewed indefinitely provided that the individual continues to meet the requirements, however holding this status will not lead to indefinite leave to remain in the UK.

In the event that an individual ceases to be a frontier work, their permit may be revoked.

Conclusion and benefits

With the imminent exit of the UK from the EU, the frontier worker permit scheme aims at easing concerns of businesses over their EEA and Swiss employees who do not, and will not, be eligible under the EUSS but are needed to continue to work in the UK. Although many EEA and Swiss nationals will have already benefited from being granted pre-settled or settled status under the EUSS, this route will help bridge the gap for those individuals who are not resident in the UK and have still travelled to the UK for work purposes. The permit can be renewed indefinitely unlike pre-settled status under the EUSS and therefore this will be a benefit to many. It is also a more flexible immigration route than the visitor route as it permits individuals to carry out productive work in the UK.

Get in touch

Laura Devine Immigration (LDI) would be pleased to assist employers and applicants navigate the frontier worker permit process.  Please contact your assigned LDI lawyer or enquiries@lauradevine.com for further information.