Checking Employees Right to Work

General

As part of the normal recruitment procedure it is important that employers ensure that any prospective employee is entitled to work in the UK. Should you employ someone who does not have this right then you face penalties of up to £20,000 for each illegal worker. If you knowinglyemploy an illegal worker then the penalty is an unlimited fine and/or up to two years in jail. Therefore, it is important not only to follow the correct procedure but also to document the fact that you have done so.

The following have a permanent right to work in the UK:

  • British citizens
  • Nationals of member states of the European Economic Area and Switzerland, although special rules currently apply to Croatia
  • Family members of the above

Family members means spouse, civil partner or unmarried partner in a lasting relationship, children under 21, or any relative who is financially dependent or for whom the person is a carer.

Other people may have a temporary right to work in the UK.

The Home Office has issued a list of documents which are acceptable as evidence of a permanent right to work in the UK. This is reproduced below as List A. A similar list has been issued in respect of temporary right to work and this is reproduced below as List B.

Only original documents should be accepted and in all cases copies of the documents should be taken and retained, and a note made on the copy of the date that it was taken. You should also check the validity of the document, ensuring that it has not expired and that it relates to the specific individual, ie by examining it in the presence of the person.

If the document is false then you are only liable to a penalty if it is reasonably apparent that it is false, and the Home Office states that “This means that a person who is untrained in the identification of false documents, examining it carefully, but briefly, and without the use of technological aids could reasonably be expected to realise that the document in question is not genuine”.

If the check relates to a person with a permanent right to work then no further checks need be made. However, if it is a temporary right to work then the checks should be repeated when the previous evidence expires.

Lists of acceptable documents for right to work checks

List A
Acceptable documents to establish a continuous statutory excuse

  1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
  2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.
  3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
  4. A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.
  5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
  6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
  7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  10. A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B
Group 1 – Documents where a time-limited statutory excuse lasts until the expiry date of leave

  1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
  2. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.
  3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.
  4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
  5. Group 2 – Documents where a time-limited statutory excuse lasts for 6 months
  6. A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service.
  7. An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
  8. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.