Frontier workers, also known as cross-border workers, are essentially EU, EEA and Swiss nationals who work in the UK but are primarily resident outside the UK.
EU free movement provisions have meant that previously, frontier workers were able to move freely within the EU, including for work purposes. Free movement provisions came to an end on 31 December 2020 and as such, the government has introduced a Frontier Worker Permit to allow for the continuity of cross-border work of EU, EEA and Swiss nationals.
Clubs have benefitted from having individuals such as consultants, talent scouts, technical staff, coaches and even senior executives and directors, enter the UK to conduct work for or on behalf of the club and then return to their “home" countries. Many of these individuals will not be employed or contracted on a full-time basis but rather, contracted only for particular times of the year, in line with the football season, transfer windows and for particular projects.
Currently, frontier workers can continue to enter the UK for work using their passport or national ID card. However, the rules are changing and from 1 July 2021, they will also need to hold a Frontier Worker Permit.
Irish nationals do not need to apply for a frontier worker permit as they have the right to enter, live and work in the UK under Common Travel Area arrangements.
To be eligible for a frontier worker permit, individuals must have met the eligibility requirements prior to 31 December 2020 and must be able to continue to meet the requirements at the time of their application for a permit.
The Criteria
The eligibility requirements for a frontier worker permit are as follows:
- The individual must be an EU, EEA or Swiss national;
- They must not be primarily resident in the UK; and
- They are either
- A worker in the UK;
- A self-employed person in the UK; or
- A person who has retained the status of being self-employed/a worker under EU law
Although individuals have the freedom to continue working for prolonged periods of time, they will usually be expected to have returned to their country of residence at least once in the last six months or twice in the last 12 months before the date of their application, unless there are exceptional reasons for not doing so such as illness, accident, pregnancy or childbirth. Consideration is also given to factors relating to Covid-19 such as self-isolation and travel restrictions. Evidence of any exceptional reasons must be provided in support of an application for a Frontier Worker Permit.
Where reliance is placed on an exceptional reason, individuals will be treated as having retained their status as a worker or self-employed person in the UK where they can evidence their work in the UK prior to 2020 and their exceptional reasons.
Application Process
Applications are free, with no hefty Immigration Health Surcharge to be paid. They are made online, with individuals being able to verify their identity using a dedicated smartphone app where they hold a biometric passport or national ID card, or alternatively, allows for individuals to attend an appointment in order to provide their passport and biometric information.
Supporting documents evidencing the individual’s work in the UK are to be uploaded online in support of the application.
Successful Applications
Where approved, individuals will be granted a permit valid for five years, or two years where they have retained worker status.
Individuals can then renew permits indefinitely every five or two years, as long as they continue to meet the eligibility and suitability requirements.
Benefits
The Frontier Worker Permit scheme provides clubs with huge benefits, such as the ability to retain continuity and stability of service from those who they employ or engage who are EU, EEA or Swiss nationals and who do not reside in the UK.
Permit holders can continue to access healthcare, benefits and services in the same manner they did prior to the UK’s exit from the EU, where eligibility requirements are met.
As this is not a sponsored permit, there is no need for the club to hold a sponsor licence or meet the eligibility requirements under the Skilled Worker or Sportsperson visa routes (including for the individual to obtain a Governing Body endorsement). There is no Immigration Skills Charge to be paid, which is another significant saving. Frontier Worker Permit holders are not tied to working for a particular club or association and have a large degree of flexibility over the roles they undertake.
Crucial Points to Note
There are a number of crucial points to note:
- Family members are not eligible to apply for a permit in order to join frontier workers in the UK. Family members intending to join frontier workers in the UK should apply instead under the EU Settlement Scheme, where they were resident in the UK prior to 31 December 2020;
- This immigration route does not lead to settlement. Where individuals wish to settle in the UK, they should consider making an application under the EU Settlement Scheme; and
- Frontier workers will no longer be able to simply rely on their passport or national ID card to enter as a frontier worker after 1 July 2021 – they must hold a Frontier Worker Permit in addition to their ID document.
- Clubs will need to make sure they have understood the employment law and/or tax/social security considerations of this arrangement, particularly if individuals are also carrying out work for the club from their “home country” in addition to the work they are carrying out in the UK.
Ultimately, the Frontier Worker Permit provides a key route to allow clubs to continue to employ EU, EEA and Swiss national workers and engage self-employed persons, despite the individuals not residing in the UK.
What can clubs be doing now?
You should undertake a review of your contracts of employment and any agreements for services which are due to take place in the near future, where the individual is not usually resident in the UK. This will help to understand who will be affected by the changes so that you can take swift action to prevent any disruption to the club’s business.
Where you are looking to engage an employee or self-employed person who has not worked for you in 2020 but may have done previously, review the reasons why they were not engaged in 2020. Where these reasons amount to ‘exceptional reasons’, consider an application for a Frontier Worker Permit as a retained frontier worker.
Where you are looking to engage an employee or self-employed person who has not previously worked in the UK prior to 31 December 2020, ensure that you take legal advice to understand the most appropriate immigration route for the individual to enter the UK and engage with the club. Do be careful not to provide immigration advice or services; this should only be provided if you are regulated to do so, otherwise you risk committing a criminal offence.
Should you require any advice or support, please contact Arshia Hashmi, our sports immigration specialist.
