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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 No. 1213

PART 3Frontier worker permits

Issue of frontier worker permits

8.—(1) Subject to regulation 9, the Secretary of State must issue a frontier worker permit to a frontier worker on receipt of a valid application under this regulation.

(2) An application for a frontier worker permit must—

(a)be made online, submitted electronically using the relevant pages of www.gov.uk;

(b)be accompanied by—

(i)the required biometrics;

(ii)a valid identity document; and

(iii)evidence the applicant is a frontier worker; and

(c)be complete.

(3) An application under this Part is invalid and must be rejected if it is submitted otherwise than in accordance with the requirements in paragraph (2), (but see paragraph (4)).

(4) Where the Secretary of State receives an application that does not comply with the requirements of paragraph (2)(b) or (2)(c), the Secretary of State must not reject the application as invalid unless the applicant has been given the opportunity to remedy the deficiencies in the application and has failed to do so.

(5) A frontier worker permit—

(a)may be in electronic form;

(b)is proof of the holder’s status as a frontier worker on the date of issue; and

(c)must state the name of the frontier worker and the date of issue.

Refusal to issue a frontier worker permit

9.—(1) The Secretary of State may refuse to issue a frontier worker permit where justified on grounds of public policy, public security or public health in accordance with regulation 18, on conducive grounds in accordance with regulation 19, or on grounds of misuse of rights in accordance with regulation 20.

(2) The Secretary of State must refuse to issue a frontier worker permit to a person subject to a relevant restriction decision.

Validity of frontier worker permits

10.  A frontier worker permit issued under these Regulations is valid for—

(a)two years from the date of issue where issued to a frontier worker who is treated as a worker or self-employed person by virtue of regulation 4; or

(b)otherwise five years from the date of issue.

Renewal and revocation of permits

11.—(1) An application for renewal of a frontier worker permit must comply with regulation 8.

(2) The Secretary of State may refuse to renew or may revoke a frontier worker permit at any time—

(a)on grounds of public policy, public security or public health in accordance with regulation 18;

(b)on conducive grounds in accordance with regulation 19;

(c)on grounds of misuse of rights in accordance with regulation 20;

(d)where the permit holder ceases to be or never was a frontier worker; or

(e)where the permit holder is subject to a relevant restriction decision.

(3) An immigration officer may revoke a frontier worker permit at port or while the holder is outside the United Kingdom on the grounds set out in paragraph (2).

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