The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provisions for frontier workers in order to fulfil the United Kingdom’s obligations under the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (see section 39 of the European Union (Withdrawal Agreement) Act 2020 for definitions of each of these agreements).

These Regulations provide for EEA nationals who, by 31 December 2020, are working or self-employed in the United Kingdom but living elsewhere (“frontier workers”) to continue to work in the United Kingdom for as long as they remain a frontier worker. These Regulations also provide for the restriction of those rights and establishes a scheme for frontier worker permits.

Part 1 (preliminary: regulations 1 to 4) defines the personal scope of these Regulations and the terms used throughout. Regulation 3 defines ‘frontier worker’ and regulation 4 sets out the circumstances in which a person is to be treated as a frontier worker during a temporary break from work or self-employment.

Part 2 (frontier worker rights: regulations 5 to 7) establishes that frontier workers are exempt from the need to have leave to enter or remain in the United Kingdom while entering or remaining for the purpose of frontier working, unless subject to a relevant restriction decision defined in regulation 2. Regulation 6 provides for the right of admission to the United Kingdom subject to certain conditions.

Part 3 (frontier worker permit: regulations 8 to 11) establishes a scheme for frontier worker permits, which evidence frontier workers’ rights under these Regulations and, after 30 June 2021, are necessary for a frontier worker to be admitted to the United Kingdom as a frontier worker. Regulation 8 sets out the process for applying for a frontier worker permit. Permits will be valid for 2 or 5 years and will be renewable indefinitely under regulation 11. An application for a permit, or renewal of a permit, may be refused or a permit revoked on grounds set out in this Part.

Part 4 (refusal of admission and removal: regulations 12 to 20) sets out the circumstances in which frontier workers’ rights may be restricted. Frontier workers may be removed from the United Kingdom on public policy, public security or public health grounds for conduct committed before the end of the implementation period under regulation 18, and where conducive to the public good for conduct committed thereafter under regulation 19. Frontier workers may also be removed where they have misused their frontier workers’ rights under regulation 20.

Regulations 21 to 23 provide a right to apply for administrative review of eligible decisions, defined in regulation 21. Regulations 24 to 26 provide rights of appeal against decisions taken under these Regulations by amending the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. Subject to certain conditions, a person can appeal against a decision to refuse to issue, renew or revoke a frontier worker permit; refuse or revoke their admission; or remove or deport them from the United Kingdom.

Part 6 (consequential amendments: regulations 27 and 28) allows for biometric information to be taken in frontier worker permit applications and excludes frontier workers from the restrictions imposed by Article 4 of the Immigration (Control of Entry through Republic of Ireland) Order 1972.