Frontier worker permit UK – who can apply?

When the UK Brexited at the end of 2020, lots of EU residents lost their chance to ever be able to work in the UK again. However, if you had previously worked in the UK, worry no more – you might be eligible for a frontier worker permit!

Just the thought of never being able to enjoy a scrumptious Cornish scone with clotted cream and jam made me want to explore my options. Here are my findings.

A frontier worker permit was introduced on on December 10, 2020, and is reserved for EU, EEA, and Swiss nationals. This new immigration route provides them with an alternative to the EU Settlement Scheme.

Who can apply?

A frontier worker permit lets you come to the UK for work while living outside the UK. What does it mean in reality?

A frontier worker permit is not for those Europeans who wish to start working in the UK after 31st December 2020 – it is primarily aimed at those who have been working in the UK as frontier workers during the transitional period following the UK’s withdrawal from the EU. If you want to come to work in the UK from 1 January 2021 and hadn’t worked there before, you’ll need to apply for a work visa.

You might qualify if:

• you are from the EU, Switzerland, Norway, Iceland or Liechtenstein (Irish passport holders do not have to apply for the scheme under the current regulations but can choose to do so);
• you primarily live outside the UK;
  • You’ll be eligible if you’ve spent less than 180 days in total in the UK over the course of any 12 month period);
  • If you’ve spent 180 days or more in the UK within 12 months, you’ll still be eligible if, in that 12 month period, you returned to the country you live in at least either once every 6 months or twice in the 12 month period;
  • You’ll still be able to apply if there are exceptional circumstances meaning you could not travel to your country of residence in this period, such as an illness or accident;
• you began working in the UK by 31st December 2020;
• you must usually have worked in the UK at least once every 12 months since you started working there, unless you have had to stop working in the UK due to:
  • an illness or accident;
  • pregnancy and maternity leave;
  • travel restrictions because of coronavirus (COVID-19);
  • doing vocational training related to your last occupation;
  • being involuntarily unemployed and either looking for work in the UK or doing vocational training.
    In this case you get a ‘retained worker’ or ‘retained self-employed person’ status.

What is the cost?

There is no fee to apply. However, if you fail to provide the required evidence to support your application, it might be refused and in order to resubmit it, you might be asked to pay an administrative review fee of £80.

If you are a frontier worker, you’ll need a permit to enter the UK to work from 1 July 2021.

What documents do you need to apply?

Go to: https://www.gov.uk/frontier-worker-permit

You must apply online. Once you start your application, you can save it and submit it later. Remember to carefully consider each and every step before you submit it as you will not be able to go back to it once submitted.

You need to prepare the following documents:

• your valid biometric passport from an EU country, Iceland, Liechtenstein, Norway or Switzerland;
• a smartphone with enabled NFC;
• your last employment contract/contracts in the UK;
• your payslips or invoices from the past 12 months, P-45, or bank statements proving you worked and earned income in the UK in the past 12 months*;
• if you are looking for work – copies of job applications or a letter from a prospective employer;
• travel and visa history dating back to 10 years ago;
• details of criminal record, including driving offences in any country visited.

*If you haven’t worked in the UK in the past 12 months, you can still apply provided you can prove it was due to an accident or illness, pregnancy and giving birth, or travel restrictions because of covid-19.

How must you prove your identity?

In order to prove your identity, you must use the ‘UK Immigration ID Check’ app, which can be used to scan your biometric passport.

For further guidance on how to use the ‘UK Immigration ID Check’ app, please visit: https://www.gov.uk/guidance/using-the-uk-immigration-id-check-app

1. Start your application on https://www.gov.uk/frontier-worker-permit/apply
2. Download the ‘UK Immigration: ID Check’ app;
3. Connect the app to your permit application;
4. Enable NFC on your smartphone;
5. Take a photo of the first page of your passport;
6. Scan your passport by putting your NFC enabled phone on the chip;
7. Take a picture of yourself (It will appear on your permit which your future employers will see – so make sure it’s a good one!).

Step by step

Once you start the application, you can always save it for later, and go back to it by entering your passport number, date of birth and a one time code sent to the phone/email you registered with here: https://apply-to-visit-or-stay-in-the-uk.homeoffice.gov.uk/dashboard

Remember to read each question twice and DO NOT submit the application without uploading the required evidence. In case you don’t provide the required evidence, your application may be refused and you will have to apply for an administrative review within 28 days of getting the decision. It costs £80.

What happens next?

Once you’ve submitted the application, you’ll get an email from gov.uk with a unique application number. After a few days, you are likely to get another email from gov.uk asking for supporting evidence from your employer and confirmation of future employment. Alternatively, you will need to provide evidence that you are looking for work in the UK, e.g. scans of job applications.

You have made an application for a frontier worker permit.
We are considering your application and need further information from you. Please provide the following within 10 working days of the date of this request:
Please provide supporting evidence from your Employer to confirm your reason for not working in the UK after [here the date you stopped employment in the UK] and confirmation of future employment.
If seeking work in the UK – please provide evidence covering the period you’ve been looking for work.

Hurry up! You only have 10 days to ask your employer to draft a letter for you and then submit it! If you fail to provide evidence within 10 days, your application might be refused and subject to right of appeal within 28 days of getting the decision.

If your application is successful:

You’ll be sent a decision notice saying your application has been approved. If you applied using the ‘UK Immigration: ID check’ app, you’ll be issued a digital version of your permit. Your prospective employer will be able to view and prove your frontier worker permit online, via the ‘view and prove your immigration status’ service – https://www.gov.uk/view-prove-immigration-status.

CONGRATULATIONS!
Your frontier worker permit is valid for a period of 5 years!

If your application is unsuccessful:

You’ll get a decision notice explaining why it was refused. It will explain if you have the right to either an:

• administrative review
• immigration decision appeal
  You normally have 28 days to submit our application for a review and might be asked to pay an administrative review fee of £80.
  You cannot request a second review (unless the result of the first review found new reasons why you were refused).

Frequently asked questions:

I don’t have a phone with NFC. What should I do?

You can use your friend’s/ family’s phone – the whole process of downloading the app and scanning your passport takes about 10 minutes. Once you finish, simply log out and uninstall the app, no data is stored on the phone and you can finish your application on a different device.

I don’t have a biometric passport. How can I prove my identity?

I highly suggest getting one asap, in some countries it can take up to a month for it to be issued. After all, it is the future of all travel. You can also request an appointment to get your biometric data scanned. More information in further reading.

I can’t find my last contract/payslips. Can I submit the application without them?

Before you panic, check your mailbox. You might have it in some old emails. If payslips had been issued online via services like sageonline, log in and download them. If you don’t remember the password, check if your brower automatically saved it. Worse case scenario, you can always contact your previous employer to check if they might have kept them on file and can share a copy with you. Make sure you contact the right person, and do it soon. Also, check your drive. Under no circumstances should you submit the application without providing the requested evidence – it is doomed to be refused and you might have to pay a fee to have it reviewed.

I downloaded the app, but I don’t know how to start the application from there. How do I log in?

Start your application online on https://www.gov.uk/frontier-worker-permit Only then will you be allowed to connect the app to your application via a QR code and scan your passport.

Can I apply for a frontier worker permit in 2022 if I don’t intend to work in the UK in 2021 due to travel restrictions?

No. Bear in mind that if your last working contract was in 2019, after two years from its end date, you will lose the right to get even the retained status. Apply for your permit today.

I received an email that I need to submit more evidence from my employer and a confirmation of employment for 2021, but my employer does not respond to my emails and I only have 10 days to submit it. What should I do?

Try to contact your employer until you succeed, possibly by sending high priority emails to a few people in the company or making a phone call. Bear in mind some managers might not be working for the company anymore or might be on furlough or working very limited number of days a week due to government restrictions in response to covid-19. Submit evidence of looking for work in the UK, e.g. scans of job applications and provisional contracts for 2020 which were cancelled due to the pandemic. Under no circumstances should you submit the application without providing the requested evidence – it is doomed to be refused and you might have to pay a fee to have it reviewed.

Can I stay in the UK indefinitely on a frontier worker permit?

No. A frontier worker permit does not offer indefinite leave to remain in the UK (the so called ‘settled status’). You have to primarily live outside the UK in order to retain your frontier worker permit. You also need to renew it every 5 years.

Further reading:

1. Frontier worker permit scheme guidance https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/976162/frontier-workers-v2.0ext.pdf
2. Frontier workers leaflet https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/971527/Frontier_Workers_Leaflet.pdf

Contact me on Instagram if you need further guidance!

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