Do you primarily reside in an EAA or EU country but still undertake work in the UK? If the answer is yes, you could be eligible for the Frontier Worker Permit Scheme. If you meet the eligibility requirements for the scheme, your UK work permit can last up to five years.
Getting a work permit for the UK comes with a list of entry requirements that we’ve broken down into digestible chunks of information so that you can more easily navigate the jargon and find out how to give yourself the best chance of success when applying.
Excluding British citizens and Irish citizens, residents of neighbouring countries of the UK can apply for their UK work permit from inside and outside of the UK, for free! This can be done from any part of the UK, including England, Whales, Scotland, and Northern Ireland.
So read on if you’d like to get a better understanding of the eligibility requirements, how to apply, what happens if you’re application is successful, if it’s unsuccessful and how to go about renewing it once the five years are up.
Following the departure of the UK from the EU (European Union), the Home Office (the UK’s lead office for immigration, among other divisions) developed the concept of “frontier workers”.
The Freedom of Movement, which allowed EU citizens to move freely between European member states and other neighbouring countries of the United Kingdom, ended in December 2020. As of this date, an individual who is employed or self-employed in the UK, but primarily resides elsewhere, is referred to as a frontier worker. Cross-border or frontier workers are required, by law, to obtain a UK work permit as proof of their right to enter the UK for work.
Getting a work permit for the UK as a frontier worker is not a requirement if you are a British citizen or an Irish citizen, though Irish citizens are invited to apply if they wish to do so. Applications are free of charge.
So whether remote working in the UK for a short period is taking place, or whether you’re employed or self-employed in the UK but living abroad, this article will explain the process of immigration and work permits of cross border employees in the UK.
Different Types of Work Visas
Temporary (Short-Term) Work Visas
Six Temporary Worker routes exist for individuals looking to obtain UK work visas.
- Creative Worker Visa - You must make a unique contribution to the UK labour market, have a certificate of sponsorship reference number** from a UK sponsor, be paid the minimum salary as set by Equity, PACT or BECTU and, unless you’re exempt, have at least £1,270 worth of personal savings available to support yourself.
- Charity Worker Visa - You must be over 18 at the time of your application, have both a certificate of sponsorship reference number from a UK sponsor and, unless you’re exempt, have at least £1,270
- Religious Worker Visa - You must be over 18 at the time of your application, have both a certificate of sponsorship reference number from a UK sponsor and, unless you’re exempt, have at least £1,270 available to support yourself. reference number from a UK sponsor,
- Government Authorized Exchange Worker Visa - You must be over 18 at the time of your application, have a certificate of sponsorship reference number from a UK sponsor and, unless you’re exempt, have at least £1,270 available to support yourself.
- International Agreement Worker Visa - You must be over 18 at the time of your application, have a certificate of sponsorship reference number from a UK sponsor and, unless you’re exempt, have at least £1,270 available to support yourself.
- Seasonal Worker Visa - You must be over 18 at the time of your application, have a certificate of sponsorship reference number from a UK sponsor and, unless you’re exempt, have at least £1,270 available to support yourself. This visa has replaced the T5 Temporary Worker - Seasonal Worker visa.
Whether it’s ensuring your job pays at least the minimum wage or confirming your job meets the minimum requirements to comply with UK employment law, it is the responsibility of your UK employer to ensure your application is admissible. UK visas can be denied by the visa application center if this isn’t the case.
** To clarify, a certificate of sponsorship is not a certificate or paper document, it is a unique reference number that contains your personal details and information about the job you will be doing that is used by the immigration authorities to ascertain your immigration status. The certificate of sponsorship must be recognized by the UK government and is valid for three months from the date it is assigned.
Long-Term UK Visas
Here are some of the most popular long-term UK visas available. Six Temporary Worker routes exist for individuals looking to obtain UK work visas.
- Skilled Work Visa - To obtain a skilled worker visa, you must work for a Home Office-approved UK employer, have a certificate of sponsorship, perform a job that’s on the list of eligible occupations and be paid a minimum salary dependent on the type of work you do.
- Innovator Founder Visa - Before applying for a start-up visa, your business and/or business idea will need to be reviewed by an endorsing body that will provide an endorsement letter if your business is eligible. You must also meet the English language requirement, be at least 18 years old and be able to prove you can support yourself while you’re in the UK.
- Global Business Mobility Visa - Also known as the UK Expansion Worker visa, you must have a valid certificate of sponsorship from your employer, have worked for your employer outside of the UK, and be paid the minimum eligible salary required for your specific job.
- Health and Care Visa - You must be a qualified health professional or adult social care professional, work for a UK employer that’s been approved by the Home Office, have a certificate of sponsorship, work in an eligible health or social care job and be paid a minimum salary based on the type of work you do.
- Student Visa - You must be at least 16 old and have been offered a place on a course by a licensed student sponsor, have enough money to support yourself and pay for your course, and be able to understand English (speak, read and write) and if you are aged 16-17, present evidence of consent from your parents.
- Graduate Visa - You can apply for a graduate visa if you’re in the UK if you study a UK bachelor’s degree, postgraduate degree or other eligible course while on your Student Visa and if your education provider has alerted the Home Office of your successful completion of your course.
- High Potential Individual Visa (HPI Visa) - You must have been awarded an official qualification (UK bachelor’s degree, UK postgraduate degree or a UK PhD or doctorate) by an eligible university to apply. You must also apply to Eccitis to confirm your qualification is valid. You must also prove your knowledge of English as well as prove you have enough personal savings to support yourself while in the UK.
- Global Talent Visa - If you work in academia or research, arts and culture or digital technology and are at least 18 years of age, you can apply. You’re usually only eligible to apply if your application for an endorsement to prove you are a leader or potential leader is successful. If you don’t have this, you can apply if you’ve won an eligible award.
Eligibility
Who Can Apply for a UK Work Permit?
Bearing the essential requirement of living outside of the UK in mind, getting a work permit is eligible for citizens and residents of the EU, Switzerland, Norway, Iceland or Liechtenstein. It is also a necessity that you meet the requirements for working in the UK if you are to obtain a UK work permit.
The Frontier Worker Permit is open to nationals of; Austria, Belgium, Bulgaria, Croatia, the Republic of Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.
Residing Outside of the UK For 180 Days or Less
As well as meeting the requirements, obtaining the Frontier Worker Permit will be determined by the amount of time spent in the UK since January 1st, 2020. If, in total, you have spent less than 180 days in the UK during the course of any 12-month period, you are an eligible applicant.
Residing Outside of the UK For 180 Days or More
Even if you’ve spent 180 days or more in the UK within the last 12 months, you may still be able to get a work permit for the UK. If you returned to the country you live in at least once every six months or at least twice in the 12-month period, you still meet the eligibility requirements.
In the instance of exceptional circumstances that could include unforeseen situations such as an illness or an accident that prevented you from travelling to your place of residence within the eligibility timeframe, you may still be a successful applicant so long as proof can be provided.
Is there a Minimum Amount of Hours That Applicants Need to Work?
There is no minimum amount of hours that you need to be working in the UK in order to get the work permit. However, the work must be genuine and effective and not marginal and ancillary.
Working in the UK: What Constitutes “Genuine and Effective” Work?
Cross-border Frontier Worker Permit applicants must be able to prove the work they carried out was “genuine and effective”. For work to be considered as such, tasks must not be marginal and ancillary. Work that has no considerable impact on your lifestyle whilst in the UK due to an inconsequential investment of time and/or money is regarded as marginal and ancillary.
If, for example, the work you’ve carried out at least once over the course of a 12-month period demonstrates any of the following, it is not considered to be a genuine and effective economic activity, and you will not be able to obtain a UK work permit:
- Attending interviews or short, individual meetings
- Negotiating and signing a deal or contract for work that is not carried out in the UK
- Participating in a one-off competition or audition for artistic, entertainment or musical purposes
- Being briefed on the requirements of a UK-based customer if any of the work carried out for the customer is completed outside of the UK
- Unpaid charity work
There are conditions in which considerations will be made for the activities listed above if, upon careful assessment, the context concludes that the activities are in fact genuine and effective. Relevant considerations include:
- Whether a genuine employer-employee relationship has been established
- Whether the employment contract specifies the employee requirement to carry out work in the UK
- The number of hours worked in the UK
- The frequency of work carried out in the UK
- The level of earnings from activities in the UK (see level of earnings)
- Charity work that involves partaking in commercial activity in which payment is received
Distinguishing Between An “Established” and “Temporary” Worker
If the work you’ve undertaken can be described as short-term, temporary, irregular and/or unstable self-employed activity, the likelihood is that you will be classified as a service provider rather than a self-employed frontier worker.
There is an important distinction to be made between what represents an “established” self-employed individual who comes to the UK and is able to secure stable and continuous work and a self-employed individual who enters the UK to provide work on a temporary basis. If you meet the self-employed requirements, the former is an eligible applicant for the UK work permit, whereas the latter falls outside the scope of eligibility for getting a work permit for the UK.
Remote working in the UK is also a popular way of carrying out employment activities amongst self-employed people and if you fall into this category, you must be able to prove that you are genuinely self-employed, working for yourself and generating income in an “established” and legitimate self-employed capacity in accordance with UK standards.
“Genuine and Effective” Self-Employed Work
Self-employment cross-border Frontier Worker Permit seekers require stable and continuous work to be carried out during the relevant time periods.
Stable and Continuous Self-Employment
When applying for the Frontier Worker Permit scheme, you should be mindful of the following as relevant considerations and determining factors for getting a work permit for the UK:
- Frequency of genuine and effective economic activity in the UK
- The length of time spent in the UK carrying out genuine and effective economic activity
- Whether the activity in the UK is regular and stable. For example, it is clear that you will return to the UK to carry out work after each period of economic activity in the UK
- Whether you have any infrastructure, such as business premises or offices, established in the UK
- Whether you have paid and continue to pay income tax in the UK to HMRC
- Whether your company is registered with Companies House in the UK
If you are unable to provide at least one piece of formal evidence, such as a contract to undertake work in the UK, the following list provides examples of reasonable alternatives that, alongside a written explanation of why formal evidence is unavailable, prove that you are eligible for a UK work permit:
- Invoices for work done in the UK
- A copy of the business accounts showing payments for work done in the UK
- Emails or text messages organizing the work in the UK
- Testimonials or references from clients in the UK
- Examples of business advertising in the UK
If known, you are also able to submit evidence of any future self-employment activities in the UK that support your ability to commence work in the UK. These pieces of evidence can include:
- Contracts to undertake work in the UK in the future
- Emails or text messages organizing future work
- Ongoing rental agreements for business premises in the UK
Reasonable evidence to support your proof of earnings includes:
- Proof of registration for tax and national insurance purposes with HMRC, such as a letter of self-employed status, a letter confirming your tax payments and NI contributions in the UK or your income tax return from HMRC
- Copies of invoices or receipts for payments for work carried out in the UK. Keep in mind that if the business is a limited company these pieces of evidence must be compiled on company-headed paper
- Business bank statements with an explanation of payments made for the work completed in the UK. Remember that you must be named on the account, or otherwise provide evidence that shows you have access to the account
Retained Worker or Retained Self-Employed Status
If you’ve been unable to work or unemployed during a 12-month period for the reasons bulleted below, you are known as having “retained worker” or “retained self-employed person” status.
You may still be eligible for a UK work permit if:
- You are temporarily unable to work because of an illness or accident. Be aware of the fact medical certificates or a letter from your doctor that outlines your inability to work must be supplied
- You are temporarily unable to work because you’re pregnant or have given birth
- You are voluntarily unemployed and doing vocational training related to your last occupation
- You are involuntarily unemployed, and either looking for work in the UK or doing vocational training
- You were unable to enter to the UK and work because of coronavirus (COVID-19)
Involuntary Unemployment
Recorded Involuntary Unemployment
Cross-border or frontier workers may still be qualified to get a work permit for the UK if evidence of involuntary unemployment, after having been employed, in the UK is provided. If you can provide proof of:
- Registering as a job seeker with an unemployment office or recruitment agency
- Seeking work in the UK and supporting evidence (no older than three months before the date of the application) that covers the time period. This includes copies of recent job applications for UK posts, rejection letters from UK employers, interview invitations for UK posts
If you have been working in the UK for less than 12 months before involuntary employment commences, it’s not possible to retain worker status for a period that exceeds six months. If, however, you have been working for more than 12 months before involuntary employment begins, and can present compelling evidence of your ongoing search for employment, your worker status can be retained for a period longer than six months.
Compelling evidence of a continual job search includes:
- An increase in the number of jobs you’ve been applying for
- An expanded job search that entails applying for roles in new locations, sectors or industries
- Registration as a jobseeker with an employment office (such as Jobcentre Plus) as well as evidence that you’re looking for work in the UK
- Evidence of registration with additional job search sites like Indeed or Job.com
Remember, retained status is reviewed on a case-by-case basis.
How To Apply for a UK Work Visa
Getting a work permit for the UK via the Frontier Worker Permit scheme requires the completion of a free online application from in or outside of the UK.
The documents you’ll need to apply are as follows:
- A valid identity document such as a passport or valid national identity card issued by neighbouring countries of the United Kingdom in the European Economic Area (EEA). In this context “valid” means genuine, belonging to the applicant and that the document has not expired, been cancelled or invalidated
- Biometrics ( a passport-style facial photograph) and if an application is made outside of the UK, the submission of fingerprints
- Evidence that you are a frontier worker such as payslips or copies of invoices for work you’ve completed in the UK
- If you have “retained status” you will be asked to supply the relevant documentation
Remember, you can complete the identity verification stage of your application using the handy UK Immigration: ID Check app.
What Happens After You’ve Applied?
A Successful Application
In the vast majority of cases, successful applicants will be issued with a digital permit, though in certain circumstances, a physical copy will be issued. If a physical UK work permit is administered, you will have to present your permit collection letter on your first trip to the UK where you will then be issued with a card.
Your permit will be valid for five years or two years if you are carrying a “retained” status.
An Unsuccessful Application
If your application for getting a work permit for the UK was unsuccessful, you will receive a written notice that details why it was refused. Within the notice, you will be notified as to whether you have the right to an administrative review or an immigration decision appeal.
Withdrawing an Application
You may withdraw your application at any point after it has been submitted and written requests for rescinding your application can be made online by the person named on the application. The date of withdrawal will be the date the home Office receives the request.
You must follow the GOV.UK guidance on cancelling a visa, and immigration of citizenship application, in which the process is identical for all frontier worker permit applications.
Renewing Your UK Visa or Work Permit
When the five or two-year validity of your permit has expired and it’s time for renewal, you will have to provide evidence of your continued meeting of the eligibility requirements in the period since you last applied.
Are You Ready to Apply for your Permit?
If you’d like more extensive guidance on the cross-border Frontier Worker Permit Scheme, be sure to visit the dedicated Home Office website for an in-depth overview.
Remember, whether remote working in the UK, employed or self-employed, the process of getting a work permit for the UK and its neighbouring countries is more seamless when you speak with our team of experts here at Borderless.
Disclaimer: Borderless does not provide legal services or legal advice to anyone. This includes customers, contractors, employees, partners, and the general public. We are not lawyers or paralegals. Please read our full disclaimer here.
