The Frontier Worker Permit is the new kid on the block when it comes to UK visas, but it’s proving to be a particularly useful route for organisations adjusting to the end of free movement.
Launched by the UK Government in December 2020, this visa is, broadly speaking, designed for EEA nationals who are primarily resident overseas but come to the UK to work. Individuals must have commenced their cross border working pattern before 31 December 2020 to be eligible, but other than that the criteria are surprisingly wide and capture a whole host of different working patterns, arrangements and roles.
For example, an individual who has only worked in the UK once in the past 12 months could potentially meet the criteria; as could someone who has only returned to their country of residence once in the six months before their application is made. There are no minimum salary or skill thresholds that must be met (in contrast to the Skilled Worker route) and no minimum hours that an individual must have worked in the UK. In addition, it can be used by both employed and self-employed individuals. Once granted, the permit can be extended indefinitely so long as the individual continues to meet the requirements.
We have advised a number of clients on how the Frontier Worker Permit might help them retain their EEA workforce post-Brexit. We have advised all kinds of employees, workers and self-employed consultants on their eligibility for Frontier Worker Permits ranging from directors and senior managers, to white- and blue-collar employees to agency staff and HGV drivers.
Managers at a Large Multinational Manufacturer
We have been advising a large multinational manufacturer whose key managers are primarily based out of their sites in Germany and Austria. Individuals typically manage their teams remotely but might come across to the UK to attend key team meetings or for specific projects. The client was concerned about how they would be able to continue these arrangements after Brexit, as the German/Austrian managers no longer had free movement rights to come and work in the UK. We were able to assist them with making Frontier Worker Permit applications for their staff. The individuals concerned were successfully awarded five year permits. This means they can continue to come and work in the UK in any capacity for this five year period, so long as they continue to meet the requirements of being a frontier worker.
A Director at a large engineering company
Another client we have been advising is a large engineering company. Their Managing Director is based in Spain but travels to the UK to attend Board Meetings and to make operational decisions when needed. However, he has not been able to come to the UK over the past 12 months because of the pandemic. When applying for a Frontier Worker Permit, individuals typically need to show they have worked in the UK during the 12 month period before they make their application. Under the rules, there are several exceptions to this requirement which include where the arrangements have temporarily stopped due to business closures as a result of the pandemic. We advised this individual on the supporting evidence he needed to submit to the Home Office to establish that he had “retained” Frontier Worker status. He was awarded a two year permit.
Overseas consultant for a boutique training business
We have been assisting another client who runs a small boutique training business. They were struggling with the appropriate visa route for one of their Swedish consultants. The client does not currently hold a sponsor licence.
Before they spoke to us, they thought they would need to apply for a licence and sponsor the individual under the Skilled Worker route. This is an expensive process when you take into account the sponsor licence fee, the immigration skills charge and the associated visa fees. They were also concerned because their arrangements did not neatly “fit” within the eligibility criteria for a sponsored employee. The role did not seem to fit within the skilled roles, and the fact that he was self-employed and working on client sites also made things more difficult.
When we spoke to them in detail, it emerged that this individual had been travelling to the UK on and off for a number of years to provide these services. Having considered his specific circumstances, we advised that he met the eligibility criteria for a Frontier Worker Permit. This meant the client could take advantage of this visa route instead, making a significant cost saving. In addition, the client did not have to navigate the compliance requirements or restrictions associated with sponsorship.
What does this mean for your organisation?
Overall, the Frontier Worker Permit is well worth exploring if you are trying to navigate the end of free movement for EEA national employees or consultants. The eligibility criteria mean it potentially applies to a whole host of different circumstances, and it is likely to be a cheaper and more flexible option than employee sponsorship under the Skilled Worker or Intra Company Transfer routes.
Whilst there is no deadline to apply, the permits are mandatory from 1 July 2021, so we would recommend that individuals make their applications now to avoid any risk of being refused entry after this date.
We can advise on a fixed fee basis for these applications, and prices start from £350 plus VAT. If you have any queries about Frontier Worker Permits, please talk to your normal Brabners employment law contact, or Laura Darnley.
