If you have an ongoing right to work in the UK, you most likely will hold a document from List A Such documents include a UK, EEA or Swiss passport. You also have the option to opt-out of these cookies. If in doubt, make use of Prado, the Council of Europe’s public register with examples of past and present European passports and other identification documents and residence permits. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to … Minimising the risk of illegal working; Documentation acceptable as proof of right to work in the UK – indefinite right to work in the UK (list A) Documentation acceptable as proof of right to work in the UK – limited right to work in the UK (list B) 2. 542691 Those that require a follow-up Right to Work check using the emergency measures should be marked as: “the individual’s contract commenced on [insert date]. A right to work checks of the employee's original documents must be completed before work commences.It is generally recommended that employers carry out the check at the interview stage to ensure the employer has checked and retained copies of a worker's original document and are satisfied they can work legally in the UK. EU, EEA or Swiss nationals Bring your passport or national identity card. These cookies will be stored in your browser only with your consent. Given the nationwide lockdown and closure of workplaces across the UK, the Home Office has advised that with effect from 30 March 2020, Right to Work checks can now be conducted by video link. Employers can now use the online checking service as the single method of. For example, if you’ve copied a valid British passport, you don’t need to copy their driving licence as well. For example, if the passport contains evidence that the individual has obtained Indefinite Leave to Remain or if the passport includes an endorsement confirming the right to work. Why UK right to work checks are important. A passport or other ‘travel document’ (current or expired) endorsed to show that the holder is either ‘exempt from immigration control’, has ‘indefinite’ leave in the UK, has the ‘right of abode’ in the UK, or has ‘no time limit’ on their stay in the UK. Updated right to work document. *Croatian Nationals are also required to provide proof of their Registration Certificate; non-UK/EU/EEA Citizens . Home Are those visa holder employees (limited time to live and work in the UK) where repeat checks must take place every six months. Expired documentation. 3.3 If you have to rely solely on an expired passport or travel document to show you that a person has the right to remain and work in the UK, the you must take particular care when examining photographs and comparing these with the current appearance of the person presenting them. There are a lot of other documents though. UK employers who have doubts about a person’s right to work in the UK can check this with the UK Employer Checking Service. Subject’, ‘British Overseas Citizen’, etc.) Failure to perform Right to Work checks correctly could result in unwanted Home Office scrutiny and serious ramifications, including: By carrying out Right to Work document checks correctly employers should be able to rely on a statutory defence against alleged breaches of duties, where they can demonstrate they have taken consistent and compliant measures to ensure they are only hiring individuals with permission to work in the UK. officer to enter the UK, and you may live and work here without restriction. ☐ 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. Following on from the crisis, once the Home Office has advised that the temporary measures have been lifted and the usual requirements apply (as below), employers will have 8 weeks to perform a standard Right to Work check on those employees who had been subject to the adapted verification process. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. You must stay on top this. Specific documents must been seen, and a copy kept, to verify the right to work. ☐ A passport or national identity card showing the holder, or a person named in the passport as the child of the A P45 or P60 are acceptable, or a full birth certificate issued in the UK… Many companies want proof that you have the right to work in the UK, passport is one of the pieces you can use as evidence. If you don't have a passport, you can show your employer a combination of documents to prove your identity and work authorization. Minimising the risk of illegal working; Documentation acceptable as proof of right to work in the UK – indefinite right to work in the UK (list A) Documentation acceptable as proof of right to work in the UK – limited right to work in the UK (list B) 2. a manual right to work check List A 1. If a passport is not available, you must request, copy and retain their National Insurance number and name (e.g P45, P60, NI card or letter from a government agency or previous employers) and either full birth certificate or adoption certificate, or certificate or registration or naturalisation as a British citizen, Valid national passport or identity card; or, Registration certificate of document indicating permanent residence issued to an EEA national; or, Permanent residence card issued to a family member of an EEA national. 2. It is crucial that you check that the stamp or endorsement in the document continues to allow the person to work by virtue of their status (i.e. As a UK employer, you have a legal obligation to comply with prevention of illegal working legislation. > 8 Design of a Biometric Residence Permit. Employers Guidance wrote:All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. Beyond these temporary changes, employers must continue to meet their duties under the Right to Work regime. However, if a person does not have a current passport then you can accept evidence of their right to work in the UK in an expired passport or travel document. For example, the guidance entitled ‘Full guide for employers on preventing illegal working in the UK’ still states that if a person does not have a current passport or travel document an expired version can be accepted as evidence of their right to remain and work in the UK. We'll assume you're ok with this, but you can opt-out if you wish. You need to make sure that you or your staff are only collecting the documents and data that is required to satisfy the Right to Work regulation. In the UK we have to have verified proof that someone has the right to work in the UK - even if they are British. One train company did this to my cousin recently. Q17 Why does an ILR stamp have to be in a current passport? Specific documents must been seen, and a copy kept, to verify the right to work. 3. Therefore you … The UK Border Agency recommends that employers check the in-date passports/travel documents of their prospective employees. Pre-settled or settled status under the EU Settlement Scheme. It is good risk management practice to ensure any processes you have in place remain compliant and implemented consistently and correctly. Acceptable documents to establish a continuous statutory excuse. List A documents show that the holder is not subject to immigration control, or has no restrictions on their stay, so they have an ongoing right to work in the UK. For the purpose of checking a person’s identity, all legal documentary evidence which has an issue date, such as a passport, should be in date. Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. Necessary cookies are absolutely essential for the website to function properly. Is a valid visa in an expired passport acceptable when shown together with the ... documents, your employee produced for the right to work check. The Home Office has confirmed it will not take any enforcement action against employers that conduct an adjusted check and follow this up with the retrospective check. Subject’, ‘British Overseas Citizen’, etc.) Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport? It is part of UK employment law, and is comparable in importance to employee background checks. AND one of the following documents: A passport or other travel document showing the holder is able to stay in the UK. You can give or withdraw consent at any time by changing your cookie settings. In some circumstances yes. ☐ A passport or national identity card showing the holder, or a person named in the passport as the child of the There are a lot of other documents though. a passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies and have the right of abode in the United Kingdom; a passport or national identity card showing that you are a national of the European Economic Area or Switzerland Regulated by the Solicitors Regulation Authority No. The worker also has to give their permission for the employer to view their details. This website uses cookies to improve your experience. If verified, the employer should keep a record of the check by marking it with the following words, as prescribed by the Home Office: “adjusted check undertaken on [insert date] due to COVID-19”. 22 December 2014. Office to the holder which indicates that the named person can currently stay in the UK and can do the work in question. The types of documents that employers can accept as evidence of right to work is governed in law through the Restrictions on Employment However some circumstances require the passport to be current. What if the UK passport has expired and no replacement is available? What if the UK passport has expired and no replacement is available? A Manager’s Guide to Acceptable Right to Work Documents ... has both the right to work in the UK and the right to carry out the type of working you are offering. If you have a question about any aspect of Right to Work checks and avoiding Home Office penalties, including the practical implications of the coronavirus adjusted Right to Work checks, contact us. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”. Procedure for undertaking right to work checks Step 1: Obtain the document Note: For new starters of EU/EEA/Swiss nationals from 1 January until 30 June 2021, you can continue to accept only a passport or ID card as proof of right to work. Can an expired passport be used to evidence Right to Work. Follow us on social for latest news and updates or visit our firm's main website. 3,089 civil penalties issued in 2016. 10. It’s neither a Right to Work document… EU, EEA or Swiss nationals Bring your passport or national identity card. A passport or national identity card (current or expired) showing that the holder is a national of the European Economic Area (EEA) or Switzerland. It is mandatory to procure user consent prior to running these cookies on your website. ☐ 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. According to the UK Visas and Immigration Enforcement Agency’s quarterly reports, there were 3,089 civil penalties issued to employers for hiring illegal workers in 2016, generating fines of £50 million – a pretty nice income for the Home Office. For right to work checks, there are a small number of exceptions to the valid and current rule. 2. Diarising regular checks for List B employees for example. Records must be retained by the employer of both checks. For clarity, there are a small number of exceptions to the valid and current rule for right to work … The types of documents that employers can accept as evidence of right to work is governed in law through the Restrictions on Employment Any one of the documents listed below will provide the necessary evidence of the right to work in the UK. 8 B Residence Cards (Biometric Format) 12 … It's not just FSA companies, it is now a legal requirement for ALL companies to check right to work in the UK. Can we accept a passport that has expired? For example, if the passport is being used to show that the individual is a British or European citizen, the passport does not need to be current. Can an expired passport be used to evidence Right to Work? Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Can we accept a passport that has expired for a right to work check? List A – European Nationals. A copy of the passport cover is no longer required. Specifically, this requires you to conduct basic documentation checks on every UK-based employee to verify that any individual you employ has the requisite permission to perform the work on offer. Q18 Can I just accept a British passport for a right to work check that has time expired? If this document is in a passport, it must be a current passport. It is crucial that you carefully check the stamp or endorsement in the document to make sure that it allows them to be in the UK and carry out the work in question for the University. The proof of ID will depend on which of the Home Office lists you come under, whether List A or List B. the date of birth on the expired document and satisfy yourself that this is consistent with the current appearance of the holder. A passport showing that the holder is a British citizen, or has the right of abode in the United Kingdom. Q15 Do all documents for right to work checks have to be current? However some circumstances require the passport to be current. The Employer Checking Service is a free online service from the Home Office designed to enable employers to meet their duty to conduct Right to Work checks on employees. Non-EU nationals Bring your current passport, plus your current Biometric Residence Permit. Documents which demonstrate entitlement to work in the UK • An expired or current 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 [please see note below about which sections of the passport to copy]. do not have an automatic right to live and work in the UK and will need a visa to work in the UK. However, if a person does not have one then you can accept evidence of their right to remain and work in the UK in an expired passport or travel document. an expired or current 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 (see which sections of the passport to copy) These cookies do not store any personal information. However, if the prospective employee does not have an in-date passport/travel document showing their permission to remain in the United Kingdom11, you can accept evidence of permission to remain in the UK – and therefore right to work - in an expired passport … Read more about this and other questions in our. We would always recommend that you should seek specific guidance on any particular legal issue. Why UK right to work checks are important. However, you must prove your claim by production of either: • a UK passport describing you as a British citizen or a British subject with the right of abode, or • a certificate of entitlement to the right of abode in the UK issued by or on behalf Retrospective checks will not be needed for individuals who have already been checked in the full and prescribed manner. A passport (current or expired) showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK. List A. Therefore you … Valid national passport or identity card; or *Croatian Nationals are also required to provide proof of their Registration Certificate; non-UK/EU/EEA Citizens . a passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies and have the right of abode in the United Kingdom; a passport or national identity card showing that you are a national of the European Economic Area or Switzerland Alongside the usual documents, employers must also retain for this group: Positive Verification Note issued by UKVI alone or with: Certificate of Application to a non-EEA family member or EEA national / Switzerland that is less than 6 months old or; Application Registration Card permitting employment in question. Passport or passport card plus the visa inside your current passport (cannot be expired) Biometric Residence Permit - both sides (cannot be expired) DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Right to work checks and civil penalties section. 13. Office to the holder which indicates that the named person can currently stay in the UK and can do the work in question. These exceptions include a UK/European Economic Area (EEA) passport and an EEA national identity card, please consult the UK Visas and Immigration employer’s guide on the gov.uk website for further information if you are unsure what can … Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. This is to make it easier for employers to carry them out. In order to constitute a valid Right to Work check and ensure a statutory defence for your organisation, you must hold on file a copy of their immigration status document with photo to show that the employee has the correct leave and can do the work in question. in the UK, or has ‘no time limit’ on their stay in the UK. 11. What are acceptable right to work documents? A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. Can I just accept a British passport that has time expired? The Right to Work is linked to an individual’s immigration status. They will, however, demonstrate a right to work. A right to work checks of the employee's original documents must be completed before work commences.It is generally recommended that employers carry out the check at the interview stage to ensure the employer has checked and retained copies of a worker's original document and are satisfied they can work legally in the UK. UK employers who have doubts about a person’s right to work in the UK can check this with the UK Employer Checking Service. A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. A Work Permits UK issued work permit or other approval to take employment. You can still accept it as a valid right to work provided that the photo on the passport is not too dated and you are satisfied it resembles the person in front of you. List B documents show that the holder has been granted leave to enter or remain in the UK for a limited period of time and, or, has restrictions on their right to work. Please see List A and List B above. If your browser settings permit, we have placed cookies on your computer for analytics and other site-improvement purposes. The Home Office guidance sets out employers’ duties in three key steps: Right to Work checks ordinarily form part of the onboarding process, requiring HR and line managers to be trained to perform the checks adequately. List A: Documents which show an ongoing right to work Any of the documents, or combination of documents, described in List A below show that the holder has an ongoing right to work in the UK. Right to Work checks can vary by employer, but would usually take between 5 and 20 working days. An out of date passport is not acceptable. Right to Work Checks: Guidance for Employers. If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK. Which show ongoing entitlement to work is a company Registered in England & Wales no cookies to improve experience! Provide the necessary evidence of the holder implemented consistently and correctly of the passport be... Named person is able to stay in the UK a legal obligation comply... 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