What is a Frontier Worker Permit?

A Frontier Worker Permit is a document that allows EU, EEA, and Swiss citizens to work in the UK while living abroad. This scheme was introduced following Brexit to protect the rights of cross-border workers who had already established a pattern of working in the UK before the end of the transition period.

Understanding this permit is essential for employers when hiring or maintaining staff who live outside the UK but commute regularly for work.

Key Benefits for Employers

1. Retain Valuable EU, EEA, and Swiss Staff: Keep your existing cross-border employees without sponsoring them under the points-based immigration system.
2. Cost-Effective Solution: No sponsorship licence fees or immigration skills charges apply.
3. Simplified Compliance: Clear documentation of your workers’ right to work in the UK
4. Business Continuity: Maintain operations with experienced staff post-Brexit
5. Flexibility: Workers can change roles within your organisation without needing new immigration permissions

Who Qualifies as a Frontier Worker?

For your employees to qualify for this permit, they must:

1. Be an EU, EEA, or Swiss national.
2. Live primarily outside the UK (must return to their home country at least once every 6 months)
3. Have started working in the UK before 31 December 2020
4. Continue to work in the UK genuinely and effectively.
5. Have worked in the UK at least once in the 12 months before application

Types of Working Arrangements Covered

The scheme recognises various working patterns, including:

1. Regular commuters: Staff who travel to the UK weekly or monthly
2. Seasonal workers: Those who work in the UK for defined periods annually
3. Contract workers: Professionals who visit the UK for specific projects
4. Full-time and part-time workers: No minimum hours requirement
5. Self-employed individuals: Contractors providing services to UK businesses

Employer Responsibilities and Right-to-Work Checks

As an employer, you must:

1. Verify the right to work: Check and record your frontier workers’ permit details.
2. Keep records: Maintain copies of permits and evidence of right-to-work checks.
3. Stay informed: Monitor expiry dates and ensure timely renewals.
4. Understand status: Recognise the difference between frontier workers and other immigration categories.

Conducting Right-to-Work Checks

1. Frontier Worker Permits can be verified using the Home Office online checking service.
2. Digital permits provide immediate confirmation of work rights.
3. Physical permits must be checked for authenticity and current validity.
4. Record the date of each check in your HR systems.
5. Repeat checks before permit expiry.

Application Process: What Your Employees Need to Know

While applications are submitted by individuals, as an employer, you can support your staff by understanding the process:

1. Online application through the UK government website
2. Document preparation:
   1. Valid passport or national ID card
   2. Evidence of employment in the UK (contracts, payslips, tax records)
   3. Proof of residence outside the UK
   4. Travel records showing regular returns to their home country
3. Identity verification may be required at a visa application centre.
4. Digital or physical permit issued upon approval

The application is free of charge, with typical processing times of 4-6 weeks.

Permit Validity and Maintaining Status

1. Standard validity: 5 years for employed workers, 2 years for self-employed
2. Renewal requirements: Continued frontier working pattern
3. Retained status: Workers who become temporarily unemployed may retain their status for up to 6 months (or 12 months in certain circumstances)

Circumstances allowing retained worker status:

1. Temporary illness or accident
2. Involuntary unemployment and actively seeking work
3. Vocational training related to previous employment
4. Pregnancy or recent childbirth
5. COVID-19 related restrictions (special provisions)

Brexit Impact and Future Considerations

1. Only individuals working in the UK before 31 December 2020 qualify
2. New cross-border workers must use alternative immigration routes
3. The scheme has no pathway to settlement in the UK
4. Long-term business planning should consider alternative arrangements for future hires

How Davenport Solicitors Supports Employers

Our specialist immigration team offers comprehensive support:

1. Audit your workforce to identify eligible frontier workers
2. Strategy development for maintaining cross-border staff post-Brexit
3. Application support for your employees, including document review and submission guidance
4. Refusal challenges if applications are rejected
5. Training sessions for HR teams on right-to-work compliance
6. Alternative immigration planning for new hires who don’t qualify for the scheme

Contact Davenport Solicitors for Expert Support

Our immigration specialists provide tailored advice on all Frontier Worker Permit scheme aspects.

Contact us today for a consultation about your cross-border workforce needs:

Frequently Asked Questions for Employers

1. Can we hire new frontier workers from the EU?
   Only individuals who established a working pattern in the UK before 31 December 2020 can qualify. New hires must use the points-based immigration system.
2. Do we need a sponsor licence for frontier workers?
   No, the Frontier Worker Permit operates independently of the sponsorship system.
3. Is there a minimum earnings requirement?
   No, but the work must be “genuine and effective” rather than “marginal or supplementary.”
4. Can frontier workers eventually settle in the UK?
   No, this permit does not lead to settlement. For long-term UK residency, alternative immigration routes would be required.
5. What happens if our employee’s permit expires?
   They would lose their right to work in the UK. Ensure renewals are submitted before expiry dates.
6. Can we change a frontier worker’s role or responsibilities?
   Frontier workers can change jobs or responsibilities without requiring a new permit.
7. How much notice should we give employees about renewing their permits?
   We recommend initiating the renewal process at least 2 months before expiry.
8. Can family members join frontier workers in the UK?
   No, the permit does not cover family members. They would need separate immigration permission.
9. What records should we keep for compliance purposes?
   Maintain copies of permits, right-to-work check records, and employment details for at least two years after employment ends.