Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps he is taking to protect the rights of frontier workers who are citizens of EU countries but who are not Irish or UK citizens, who live in Ireland but travel to work in Northern Ireland each day; and if he will publish guidance on their rights in the event the UK leaves the EU (a) with a deal and (b) without a deal.

Whether the UK leaves the EU with or without a deal, the UK has committed to protect the position of EEA citizens (including Swiss citizens) who, at the specified date, work in the UK but live in another country (‘frontier workers’). This includes EEA citizens who live in Ireland and work in Northern Ireland.

The draft Withdrawal Agreement with the EU protects the rights of those who are frontier workers at the end of the implementation period, for as long as they continue to be frontier workers in the host state. After the end of the implementation period, they will be subject to a requirement to obtain a document to evidence their right to enter and work in the UK as a frontier worker, in line with Article 26 of the draft Withdrawal Agreement.

If the UK leaves the EU without a deal, we will protect the position of those who are frontier workers at exit date. Until free movement is ended by the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, they will be able to enter the UK as now. Once free movement ends, they will be able to obtain a separate UK immigration status which will allow them to continue frontier working in the UK after exit.

Further information about how frontier workers can apply for a frontier worker document in a deal scenario, or for frontier worker status in a no-deal scenario, will be published in due course.

In either a deal or no-deal scenario, frontier workers may be resident in the UK for sufficient periods during their work here to be eligible to apply to the EU Settlement Scheme if they wish to do so. However, they are not required to do so, as they will be able to apply for a frontier worker document or status if they wish to continue working in the UK but living in another country