By clicking Submit you agree to the terms and conditions applicable to our service and acknowledge that your personal data will be used in accordance with our privacy policy and you will receive emails and communications about jobs and career related topics. Insisting applicants have the permanent right to work in the UK has been explicitly rejected in government guidance: “Job applicants should not be treated less favourably if they produce acceptable documents showing a time-limited right to work in the UK” (Avoiding Unlawful Discrimination While Preventing Illegal Working, May 2014). The UK Government is publicly making it more difficult for individuals who have no right to be working and living in the UK by way of Right to Work and Right to Rent Checks. Check the Right to Work for ALL candidates within a recruitment process. Don’t worry we won’t send you spam or share your email address with anyone. Eligibility to work in the UK checklist It’s a criminal offence employee a person who is subject to immigration control and who has not been granted leave to enter or remain in the UK, or does not have permission to work in the UK. All employers in the UK are obliged to verify that a prospective employee has the right to work in the UK – and carry out the role in question – before the employee commences employment with them. This shows that you do not discriminate against anyone and can underpin your anti-slavery policy. These are called right to work documents, and an employer can ask for a range of information and identification certificates under the UK laws depending on the immigration status of the potential employee. We use this information to make the website work as well as possible and improve government services. What it's like to work in the UK. What if I don't yet have the right to work in the UK? In order to apply for most work visas, you’ll usually need to gain a job offer with sponsorship from an employer in the UK first. Start now Employing EU, EEA and Swiss citizens How you check EU, EEA or Swiss citizens’ right to work in the UK has not changed, even though the UK has left the EU. Brexit is likely to make the issue even more prominent. U.S. citizens who want to work in the United Kingdom must have a valid U.S. passport and a work visa from the UK. The most common route through which you can gain the right to work in the UK is through the points-based immigration system. Paid and voluntary work, entrepreneur and investor visas. Don’t include personal or financial information like your National Insurance number or credit card details. This can be done as part of your recruitment process (for example, at final interview stage) or you can ask for documents prior to someone starting with you. They have to be either: your husband, wife, civil partner, proposed civil partner or fiancé(e) your partner who you’ve lived with for at least 2 years; If you’re living in the UK on your own visa, your partner will have to either: On making your application (i.e. View all jobs with sponsorship eligibility. Prior to this date, the department send Mr S a Welcome Letter which details that he should arrive for work at 9.30am, and will start work at 10am followiing completion of the right to work check. As an employer in the UK you must check that each and every employee has the right to work in the UK before they are employed. You must only accept documents on these lists – no other documents are acceptable as proof of right to work. Right to work in the UK checks must be made BEFORE employment commences. We use cookies to collect information about how you use GOV.UK. List B – where individuals have a temporary right to work in the UK. Family in the UK Hours of work should be set out in your contract of employment and unless you choose to, you shouldn't have to work more than 48 hours a week. Work in the UK. The simplest scenario is that your prospective employee has a certificate of naturalisation as a British citizen, conferring right to work. Repeat checks will be required to ensure continued permission to work, until a document from List A is produced. £20m raised as part of #ChristmasChallenge20, The top courses to help you get hired December 2020, 101 Interview Questions You'll never fear again, Find out what future employers are looking for and land your dream job, 10 good things that are happening in the world right now, Five reasons to start a career in Cyber Security, New Nail your next interview Learn how to answer 101 of the most common questions now. The right to work in the UK continues to be a serious concern for employers as penalties for employing those who do not have the right to work are ramped up and the issue remains firmly on the Government's agenda. If the individual 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, you have to refer to List B for the range of documents that are acceptable. Your employer in the UK will need to apply on your behalf. Prove your right to work to an employer. Right to Work Documents You may be eligible to work in the UK if you can provide certain original and valid identification documents. If you don’t already have the legal right to work in the UK, you are still welcome to apply for a job with UKRI. You will also need to apply for a UK residence card or be able to prove your right to work in the UK as an EU citizen (for example, a valid UK National Insurance number). citizenship, residency, work permit etc. If you’ve never worked in the UK before, you’re not sure what your rights are, or don’t even know if you’re eligible to – it can be a challenge to find the right information. The right to work check is undertaken at 9.40am, and his passport and visa are dated and timed accordingly. The British government website states that "You must check that a job applicant is allowed to work for you in the UK before you employ them." If you’re an employer, you must view a job applicant’s right to work details before you employ them. your biometric residence permit number. The Home Office provides two lists of documents (list A and list B) that employers can accept as a person’s proof of right to work in the UK. In an article entitled ‘An Employers Guide to Acceptable Right to Work Documents’, the government provides guidance for this. To find out whether the job is suitable for EU, EEA and Commonwealth citizens, or for applicants outside of these areas, check the job description – or get in touch with the employer directly. They can be provided in various combinations. You must carry out this check before the person’s employment starts (not on their first day) to make sure they are legally allowed to do the work in question. The process to obtain a work visa varies depending on the type of work you will be doing. It will take only 2 minutes to fill in. Document verification supports a company’s statutory excuse by performing a more thorough verification of the documents. Buy James Reed's latest book », School leaver CV & cover letter templates, https://www.gov.uk/browse/visas-immigration/eu-eea-commonwealth, https://www.gov.uk/government/world/organisations, You are an European Economic Area (EEA) citizen – see list below, Want to live and work in the UK for up to 2 years, Have certain types of British Nationality or are from. All content is available under the Open Government Licence v3.0, except where otherwise stated, view a job applicant’s right to work details, Check if a document allows someone to work in the UK, Checks employers can make on job applicants, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. Mr S is due to start work on 1 September. For a full list of the visas available to you, and to check if you need a UK visa, please visit: https://www.gov.uk/visas-immigration. Certain documents can be used as proof. The responsibility is with that person to obtain the right to work in the UK and prove that right to you, should they wish to take up the employment you are offering. your passport or national identity card. If you do not have a valid work visa when you arrive, you … To help us improve GOV.UK, we’d like to know more about your visit today. Please do not send originals by mail. However, you can apply for a Tier 5 (Youth Mobility Scheme) visa without sponsorship if you: This will depend on the individual employer, the type of role, and your relevant skills and experience. To keep you clued up with the facts, here are your rights to working in the UK: You are eligible to work in the UK, and therefore don’t need to obtain a work permit, if any of the following apply: EEA countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK. You’ll be able to do this by showing you have ‘pre-settled status’ or ‘settled status’ under the EU Settlement Scheme, or British citizenship. before the closing date and time) you must provide evidence of your legal right to work in the UK such as a copy of your passport biographical page and work visa page. So you want to work in the UK, but you have no idea where to start…. If you have the right to live in the UK permanently, you can apply for your partner to come and live with you. We strongly recommend that you use the Home Office website to review the legal requirements of working in the UK as this will give you an indication of whether you may be eligible to work in the UK under the Points Based System (PBS) for immigration. (Redirected from Right to work law uk) In the United Kingdom all employers are required by law to check their employees have the right to work in the UK. If you have not presented your documents by your first day, you will be asked to leave work until you can present the necessary documents. But remember, having a visa doesn’t necessarily mean you are automatically able to work in the UK, and you may also need a work permit in order to begin working. In the UK the average working week is Monday to Friday 9am to 5pm. Share details of your right to work in the UK, including: If you’re an EU, EEA, or Swiss citizen, you can continue to use your passport or national identity card to prove you can work in the UK until 30 June 2021. People from non-EU countries don’t have the automatic right to be in the UK, or work here. If one of the parameters above does not apply, or you’re not from one of the countries listed, you will need to obtain a visa and/or work permit before finding employment in the UK. Even if you are British, we still want you to address this fact. *Please note, the information outlined above is intended for general guidance purposes only, and is subject to change. A right to work check involves checking a document, held by a potential employee, that proves they have the right to work in the UK. You cannot apply for a work permit directly. For more detailed information about your rights to working in the UK, please visit: https://www.gov.uk/government/organisations/uk-visas-and-immigration. Employers must carry out these checks, and do so correctly, in line with current Home Office guidance, to establish the statutory defence. The University is able to sponsor workers in skilled occupations through the new UK immigration system that has replaced the previous system from 1 January 2021. You can change your cookie settings at any time. We’ll send you a link to a feedback form. on the right to work service. It is important that UK employers comply with the Home Office Right to Work Checks, which were introduced under the Immigration Act 2014, along with Right to Rent Checks. For more information related to EU, EEA and Commonwealth citizens and your rights to working in the UK, please visit: https://www.gov.uk/browse/visas-immigration/eu-eea-commonwealth. If you do not possess this right then your application will be refused. your biometric residence card number. After 30 June 2021 you might be asked to prove your right to do things like get a job or use the NHS. 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. Right to Work documentation verification as part of a comprehensive background screening programme helps to guide employers on best practice, as well as supplement their own investigations to ensure their employees have the legal right to work in the UK. If you’ve already found a job in the UK and been accepted to work, or you have a visa but it prohibits you from working, you may need to obtain a work permit. 12 July 2018. The most common route through which you can gain the right to work in the UK is through the points-based system, although there are other relevant routes depending on any family or ancestral links you may have with the UK. A new immigration system will apply to people arriving in the UK from 1 January 2021 and EU citizens moving to the UK to work will need to get a visa in advance. You should be able to apply for a visa via a British Overseas Mission in your own country, or the British Embassy. If you’re not a British citizen, EEA citizen or Swiss national, you may need to apply for a visa in order to be able to work in the UK. Short-term study visas and visas for longer courses, degrees and independent schools. All employees also have the legal right to request flexible and part-time working practices. In your application you must provide us with details about your legal right to work in the UK. Employer could face prosecution if they employ a person who does not have these rights. For more information specific to your own country, please visit https://www.gov.uk/government/world/organisations. If you don't already have the legal right to work in the UK, you are still welcome to apply for a job with the University. This means presenting valid and acceptable right to work documents to prospective employers before you can commence employment. 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