Insights

What is a Frontier Worker's immigration status in the UK from 1 January 2021?

4/11/2020

A Frontier Worker is an individual who is EU, EEA or Swiss national working in the UK but living elsewhere. The advantage of free movement is that it allowed EU, EEA or Swiss citizens to commute freely across borders to work, without relocating to another country. This type of working arrangement fits an employee who frequently travels because of their work or personal commitments. 

But free movement will end on 31 December.  So what happens after that date? 

Some "Frontier Workers" may already have pre-settled status or qualify by another work route (such as Tier 2 ICT) which will mean they are still allowed to enter and exit the UK as they already do. 

However, there will be some Frontier Workers already in the UK who will not be able to qualify in these routes. If they want to continue to work in the UK after free movement ends, they will need to apply for the new "Frontier Worker Permit". The draft regulation (The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020) sets out the status and rights of Frontier Workers and it is available to view here: https://www.legislation.gov.uk/ukdsi/2020/9780348212228

Frontier Workers who start work in the UK after 31 December 2020 will not be able to apply for this permit. They will need to apply another route under the UK immigration system. In light of this, employers should consider and plan whether their workers require a Frontier Worker permit, Skilled Worker or business visitor visas as we approach 1 January 2021.

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