Frontier Worker permit

Visa Type: Frontier Worker permit.

Challenge: lack of required work activities in the UK due to COVID-19.

Outcome: Granted.

Our client, national of Germany constantly travelling to the UK to undertake work activities as a musician has applied for frontier worker permit in 2021 to be able to carry on his economic activities in the UK. However, his application was refused and the Home Office stated that his profession does not come under the Frontier Worker’s Permit.

Eligibilities for Frontier Worker permit are as follows:

• The applicant must be from the EU, Switzerland, Norway, Iceland, or Liechtenstein,
• he must live outside the UK but must intend to work in the UK and started to work in the UK by 31 December 2020.

We were able to claim that the decision maker failed to correctly apply the relevant published guidance. We referred to the similar cases decided before in favour of the applicant with the same circumstances to our client. Home Office claimed that our client has not established sufficient work pattern. We argued that the applicant has more than 20 years of experience performing for the UK audience. The applicant had more than 5 live events just before the COVID-19 Lockdown and virtual events due to COVID-19 outbreak and the UK government restrictions. We have also explained that many of his shows were either cancelled or rescheduled. We then submitted an administrative review which took about a year to be responded to. We did a lot of chasing to escalate the decision of the Home Office. His application for administrative review has been successful and the Home Office is satisfied that our client meets the requirements for a frontier worker permit.

His permit is valid for 5 years and our client can continue to enter the UK to engage in business or an occupation, be self-employed, access benefits and services, including NHS-funded healthcare.

Alexandra Mokrova