Right to Work Checks

Right to Work Checks

All employers wishing to employ an employee must conduct a right to work check. The purpose of the right to work check is to verify that the individual you wish to employ has permission to work in the UK. This is also necessary to help prevent illegal working in the UK.

There are a number of ways in which an employer can conduct a right to work check which includes a manual check whereby you would view the applicant’s original documents or an online check including using the Employer Checking Service.

To conduct a manual check of documents, you should follow the below steps:

Step 1 – Obtain:

You must obtain original documents as set out under List A or List B of the acceptable documents as set out by the Home Office. This includes the following:

List A – acceptable documents to establish a continuous statutory excuse:

• A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
• A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
• 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.
• 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.
• A birth or adoption certificate issued 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.
• 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.
• 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 permission to enter or permission to stay:

• 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.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
• 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.

List B Group 2 – documents where a time-limited statutory excuse lasts for six months:

• A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme) on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A Certificate of Application (non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.
• 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.
• 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.

Step 2 – Check:

You must check that the documents are genuine as far as you reasonably believe and check details including photographs of the person and dates of birth.

Step 3 – Copy

You must make clear copies of documents and date and sign when the copy was taken. The documents should then be retained for a period of the person’s employment and for two years afterwards.

It is important to ensure that you have properly carried out a right to work check to not only prevent illegal working but to also ensure that as an employer you are compliant with your legal duties. Additionally, if it later transpires that an employee did not have the right to work, you will have a “statutory excuse” and not be liable for any penalties that can include a fine or in some cases a criminal sentence. We have the experience and knowledge to assist you with your right to work checks queries and can also offer training/audits to ensure that you remain compliant.