Determining Non-Primary Residence in the UK

An individual will be considered not primarily resident in the UK if any of the following conditions apply:

• They have spent fewer than 180 days in the UK within any rolling 12-month period starting from 1 January 2020 up to the date of their application; or

• They have spent more than 180 days in the UK within any rolling 12-month period since 1 January 2020, but have returned to their country of primary residence at least once every six months or twice within any 12-month period; or

• They have been present in the UK for over 180 days in any rolling 12-month period since 1 January 2020, but due to exceptional circumstances, were unable to travel to their country of primary residence at least once every six months or twice every 12 months.

Important Note: Even partial days spent in the UK are counted as full days for the purpose of assessing residence.

When relying on travel frequency, the country visited must be recognised as the individual’s primary place of residence. However, this country does not need to be an EU member state. Frontier workers may reside in any location outside of the UK while maintaining their status.

Exceptional Circumstances for Not Meeting the Frontier Worker Permit Travel Requirement

To justify a failure to meet the Frontier Worker Permit travel condition, it is essential to provide evidence that your inability to travel was due to circumstances entirely beyond your control or other compelling, practical, or compassionate grounds. The UK Home Office will require convincing proof that your situation was unavoidable and that every reasonable effort to comply with the travel requirements had been made.

Frontier Worker or Self-Employed Status in the UK

To qualify as a Frontier Worker, an individual must have carried out employment or self-employment in the UK at least once during the 12 months preceding 31 December 2020.

To preserve Frontier Worker status, you are required to continue travelling to the UK for genuine and effective work or self-employment at least once in every rolling 12-month period, calculated from your initial period of work or self-employment in 2020. Work that is merely marginal, occasional, or secondary to your life in the UK does not meet the eligibility criteria.

Retaining Frontier Worker Status

If you have not worked or been self-employed in the UK for 12 months or longer since 1 January 2020, you may still be eligible for a Frontier Worker Permit as a retained worker or self-employed person, provided you meet specific conditions.

To maintain this retained status, you must have stopped working in the UK within 12 months of your last employment due to one of the following valid reasons:

• A temporary inability to work due to illness or an accident

• Involuntary unemployment, officially recorded with relevant authorities

• Involuntary unemployment accompanied by participation in vocational training

• Voluntary cessation of work to commence training related to your previous occupation

• Temporary inability to work due to pregnancy or childbirth

As with active Frontier Worker status, your previous work must have been substantial and genuine, rather than marginal or supplementary.

Continuing Retained Status

After the initial 12-month period of retained status, you may continue to hold your worker or self-employed person status if you are actively seeking employment or self-employment in the UK and have formally registered as a jobseeker with an official unemployment office or recruitment agency.

However, if you fail to resume work or commence job-seeking activities in the UK after this period, you will lose your retained Frontier Worker status.

Frontier Workers in the UK After 1 January 2021

From 1 January 2021, individuals who plan to work in the United Kingdom while residing in another country must comply with the UK’s new immigration framework. If you have not begun your employment in the UK before this date, you are no longer eligible to apply for a Frontier Worker Permit.

Instead, you must secure authorisation through one of the routes available under the UK’s points-based immigration system, such as the Skilled Worker visa, or other relevant work visa categories that suit your profession and circumstances.

The points-based system is designed to evaluate applicants on key factors such as skills, qualifications, salary level, and job offers from approved UK employers. This means that anyone who intends to work in the UK for the first time after the start of 2021 must ensure they meet the necessary criteria under these new immigration pathways.

Entry into the UK as a Frontier Worker

To gain lawful entry into the United Kingdom as a Frontier Worker, it is essential to hold a valid Frontier Worker Permit, unless you are an Irish citizen, who is exempt from this requirement. This permit serves as official authorisation, confirming your right to live in another country while maintaining employment in the UK.

Validity of Frontier Worker Permits

When your application for a Frontier Worker Permit is approved, the duration of its validity will depend on your employment status and eligibility category:

• Up to 5 years – granted to individuals who satisfy the requirements as an active frontier worker, consistently engaging in cross-border employment or self-employment.

• Up to 2 years – issued to applicants who qualify under retained worker status, meaning they previously held frontier worker rights but are no longer actively working due to specific qualifying circumstances.

This permit ensures continued access to the UK for work purposes while maintaining residence in another country, in line with the post-Brexit immigration framework.

Renewing a UK Frontier Worker Permit

Individuals holding a UK Frontier Worker Permit are eligible to apply for an extension of their permit, provided they continue to meet the requirements of a Frontier Worker. This status can be maintained for as long as the individual continues to undertake eligible work or self-employment in the United Kingdom.

Frontier Worker Permit and Indefinite Leave to Remain (ILR)

The UK Frontier Worker Permit does not provide a direct pathway to Indefinite Leave to Remain (ILR) or permanent settlement in the United Kingdom. This permit is primarily designed to allow EU, EEA, or Swiss citizens who were working in the UK before 31 December 2020 to continue their cross-border employment without requiring a work visa.

However, if your objective is to secure long-term residence or settlement status in the UK, you will need to explore alternative immigration routes. The most common options include applying for Pre-Settled Status or Settled Status under the EU Settlement Scheme (if eligible), or pursuing leave to enter or remain under the Skilled Worker visa route.

For individuals seeking to establish a permanent future in the UK, choosing the correct immigration pathway is critical. Each route carries its own set of eligibility requirements, supporting documents, and long-term benefits, and making the right choice at the outset can significantly improve your chances of success.

Frontier Worker Permit Application Fees

There is currently no application fee payable to the UK Home Office when applying for a Frontier Worker Permit. Additionally, applicants under the Frontier Worker Permit Scheme are exempt from the Immigration Health Surcharge (IHS), making this permit one of the most cost-effective routes for individuals who qualify.

Family Members of Frontier Workers

Currently, there is no dedicated UK immigration route designed exclusively for the dependent family members of Frontier Workers. However, eligible family members who intend to accompany or join a Frontier Worker in the United Kingdom can apply for an EU Settlement Scheme Family Permit.

In addition, family members of Frontier Workers may also seek Pre-Settled Status or Settled Status under the EU Settlement Scheme, provided they meet the necessary requirements. These routes allow family members to live, work, and travel freely within the UK, ensuring that they remain lawfully connected to the rights of the Frontier Worker.