Is A Frontier Worker Permit Better Than Coming To The UK As A Visitor?

Brexit has made movement of people from EU member states into the UK more complex than it was previously.

Free movement between the EU and UK ended on 31 December 2020. From 1 January 2021 EU nationals wishing to enter the UK for work-related purposes need to ensure that they have the right permission to undertake these activities or are aware of what they are allowed to do (and what they cannot do) as a visitor.

A Frontier Worker permit is available to EU citizens who live outside of the UK but have worked in the UK (as an employee, or self-employed) before 31 December 2020. They will have to have worked in the UK at least once every 12 months since their last work stay before 31 December 2020.

It is possible to retain status as a Frontier Worker if there has been a longer gap, if it was due to a reason such as an accident, illness, Covid, or other reasons accepted by the Home Office.

The Frontier Worker permit allows unrestricted work in the UK as long as the individual concerned is not ‘primarily’ resident in the UK. There are a number of further requirements that an applicant needs to meet, and the permit has to be applied for before the EU citizen can enter the UK. It is free of charge and the permit will be issued for five years.

EU citizens can also come to the UK as visitors and do not need to apply for a visa before they enter the UK. They will receive a stamp in their passport at the port of entry and can stay for a maximum of six months.

The activities an EU citizen can undertake as a visitor are very limited, and great care needs to be taken not to overstep the boundaries set by the UK authorities in relation to what they consider an acceptable activity for a visitor and what they consider to be work that requires a UK work permit. Getting this wrong can have serious repercussions for the EU citizen, as well as any EU or UK business involved in the process.

From a compliance perspective, the Frontier Worker permit is somewhat preferable for all involved, because the chance that the EU citizen falls foul of the working restrictions in the UK is relatively small. However, there are a number of requirements that need to be met for the application to be successful, and the permit needs to be applied for before any travel occurs.

Entering the UK as a visitor is quick and relatively simple, but both the worker and the businesses involved in the visit need to be sure they understand exactly which activities the worker can undertake without needing a work permit.

Therefore, which option is preferable depends very much on the circumstances of each case.

How Gherson Can Help

At Gherson we have extensive experience in advising clients on both options. Please do not hesitate to contact us to discuss your options, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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