In order to be considered as a Frontier Worker, you must satisfy the UK Visas and Immigration that you engaged in work as a worker or self-employed person in the UK on at least once occasion before 31 December 2020.
In order to maintain your Frontier Worker status, you must demonstrate that you have continued to come to the UK to engage in work or self-employment on at least one occasion in any 12 months period. The 12 months period can be counted from the date of the first instance of engagement in work or self-employment in the UK in 2020.
You must also satisfy the UK Visas and Immigration that the work or self-employed activity you engage in is genuine and effective, and not marginal or ancillary to your lifestyle whilst you are in the UK.
If you have not been engaged in economic activity as a worker or self-employed person in the UK for a period of 12 months or more since 01 January 2020, the UK Visas and Immigration may still grant you a Frontier Worker Permit on the basis of your having retained your status as a worker or self-employed person.
Following the Court of Justice of the European Union (CJEU) judgment in Gusa C442/16 a self-employed person is able to retain their status as a self-employed person in a similar way to a person retaining status after a period of employment.
You may be able to retain your status as a worker or self-employed person if you can demonstrate to the UK Visas and Immigration that you have become unemployed within 12 months of your last period of work in the UK for one of the following reasons:
- You are temporarily unable to engage in work as a result of illness or accident;
- You are in duly recorded involuntary unemployment;
- You voluntarily ceased work in the UK to commence vocational training related to your previous work;
- You are temporarily unable to work because of pregnancy or childbirth.
You may be able to retain your status as a worker or self-employed person in the UK after the initial 12 month period provided that you continue to look for work or self-employment in the UK and register yourself as a jobseeker with the job centre or a recruitment agency. However, if you fail to register yourself as a jobseeker or engage in work or self-employment in the UK after the initial 12 month period, then you will lose your retained status as a worker or self-employed person.