Will Santa Be Allowed To Enter A Post-Brexit UK This Year? – Immigration – UK – Mondaq News Alerts

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Santa Claus, Father Christmas, Saint Nicholas, or Kris Kringle;whatever you call the jolly man in red at Christmastime, we can allagree on one thing; he is magic. Travelling the entire world injust one night, he delivers presents to good children and demandsnothing in return (although he will gratefully accept offerings ofrefreshment).

The origins of Santa Claus are uncertain. Some trace him back tomodern-day Turkey, others to Dutch folklore. There are those whoswear that he lives in Lapland, more claim his base is the NorthPole. Does it matter? Maybe; the Ho-Ho-Home Office determines thepermission a person needs to enter the UK starting with theircountry of origin. If we assume that Santa is European (that wouldcover origins in Scandinavia including Finland, the Netherlands,)or perhaps from North America (covering Greenland, arctic areas ofCanada, even New York, where our understanding of Santaoriginates), then he will be a non-visa national. Thismeans travel to the UK is permitted for short trips withoutobtaining a visa in advance. If Santa's true nationality issomething else Turkish, as many believe unless heholds a diplomatic passport, a visa is needed before arrival at theUK border.

We never see Santa come through passport control but let usassume he is a law-abiding citizen who makes sure to comply with UKBorder rules. On what basis is he then admitted to the UK? Is hecomplying with the restrictions of any permission he is granted? Welooked at this issue in brief last year, but since then Brexit hastaken effect and much has changed in UK immigration law. How isSanta staying within the rules in 2021?

Santa travels to the UK for business activity, and that istricky because such activities are heavily restricted, especiallyfor visitors; providing goods and services to the public isexpressly prohibited, for example. There are exceptions for"drivers on a genuine international route between the UKand a country outside the UK," allowing for delivery ofgoods and/or cabotage operations. However, these drivers"must be employed or contracted to an operator registeredin a country outside the UK or be a self-employed operator anddriver based outside the UK and the operator must hold anInternational Operators Licence or be operating on an own accountbasis." If Santa does not meet these requirements even if he is accepted as a "driver" on a "genuineinternational route" then his activities in the UKcannot validly be conducted as a business visitor.

Santa does not receive UK payment, although arguably he receivessupport towards his subsistence in the UK via donations fromindividual households. This is acceptable under UK visitor rulesproviding there is a genuine personal or business relationshipbetween Santa and the person making the donation. That must be thecase; Santa knows when we are sleeping and when we're awake,which is a clear indication of a genuine relationship.

What to do if Santa's business activities fall outside thepermitted scope of the visitor route? In December last year the UKintroduced the Frontier Worker Permit scheme. This couldbe a good option for Santa. He should be eligible if it is acceptedthat he is from the EU, Switzerland, Norway, Iceland, orLiechtenstein; he is based outside the UK; he began working in theUK by 31 December 2020; and he has undertaken effective work in theUK at least once every 12 months since he started working here.None of this should present a particular difficult to our SaintNic. However, Home Office guidance confirms that evidence of work,such as a contract, is required; and to be genuine and effective,Santa's activity should not be "marginal orancilliary" requiring little time being spent in the UK. Ashis work in the UK is logically concluded within an hour or two atmost, this is where his case may founder. He should also be paid benefits in kind such as mince pies and carrotswouldn't be sufficient.

So, we may have found workable options for a European Santa, butwhat about other nationalities? They cannot benefit from theFrontier Worker Scheme, so unless their activities can berestricted to those expressly permitted under the visitor rules,there are limited options. Formal sponsorship feels excessive foractivities which only cover one night of the year, and who wouldact as Santa's sponsor in the UK? The Queen maybe, but she doesnot appear to have a sponsor licence already, and delivery driversare not sufficiently highly skilled for sponsorship.

The government could step in. In the past few months, we haveseen the introduction of temporary migration routes for HGVdrivers, some farmers, and abattoir workers. A similar approachcould see a special time-limited category for Santa Claus alone,although it would be better to have a long-term option that couldbe used every year.

Santa has always found a way to get the job done in the past, soI am not worried about whether he will be visiting homes in the UKthis Christmas. As the song goes, everybody's waiting forthe man with the plan, and I am sure Santa has his visa issuescovered. If not, Santa, call 0161 234 6800 and speak to one of ourexperts today.

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