Right to Work in the UK – Guidance on the Basics of Document Checking

How to comply with the

UK Visas and Immigration (UKVI) regulations

Objectives• Guidance on the basics of right to work checking:

• What a right to work document check involves• Who to complete checks on• How to complete a right to work document check• Who is eligible to work in the UK• Understand your role in complying with UKVI regulations • Where to go for further information and guidance

What is a Right to Work Check?

1. Obtain the person's original documents

2. Check the documents in the presence of the holder

3. Make and retain a clear copy, and make a record date of the check

-'An Employer's Guide to Right to Work Checks' - UKVI, May 2015

Why Do You Need to Conduct Checks?

• If right to work checks are completed correctly, we have a statutory excuse against liability for a civil penalty

• Criminal Penalty • Civil Penalty • Our Sponsorship licence could be suspended, downgraded or

revoked

Who Do You Conduct These Checks On?

• All potential employees (including permanent, fixed-term, Zero Hour Lecturers, Casual Workers, Postgraduate Demonstrators, External Examiners).

• The checks must be completed before the person starts work.

Who is eligible to work in the UK• Unrestricted:• British citizen• Commonwealth citizens and citizens of the UK and Colonies with the right of

abode in the UK• Nationals from the Common Travel Area (Ireland, Isle of Man and the

Channel Islands)• Nationals from the European Economic Area (EEA) and Switzerland• Non EEA family members of nationals from EEA countries and Switzerland.• https://www.gov.uk/government/publications/preventing-illegal-working-frequ

ently-asked-questions

• Restricted Rights:- Croatian Nationals (until 30 June 2017)- Non EEA nationals (with working permissions)

EU and EEA• EU countries: • Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK.

• The European Economic Area (EEA):• EU countries and also Iceland, Liechtenstein and Norway.

• Switzerland: neither EU or EEA member, but part of the single

market, therefore have same rights as EEA nationals.• Croatian Nationals: must show proof of permission to work, e.g. a

worker authorisation document, or proof of exemption from this requirement.

Others who can work in the UK include those with:

• Tier 1 Visa (investors, entrepeneurs, exceptional talent)• Tier 2 (skilled workers; this visa is linked to an organisation and

requires employer sponsorship) • Tier 4 visa (students, restricted work)• Tier 5 – Temporary Workers• Indefinite leave to remain • Dependant visa • Ancestry visa • Asylum Seekers

• https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system - information on the points-based system

How Do You Conduct Checks?

• Acceptable right to work documents are outlined in the UKVI's List A and List B.

• List A: documents accepted for a person who has a permanent right to work in the UK.

• List B: documents accepted for a person who has limited right to work in the UK. E.g. a person who requires a visa.

• Please see your ‘An Employer’s Guide to Acceptable Right to Work Documents’ (Home Office, May 2015) handout for detailed information and examples of acceptable List A and B documents.

Details to Look Out For Photographs and dates of birth are consistent across documents and

with the person’s appearance in order to detect impersonation; Expiry dates for permission to be in the UK have not passed; Any work restrictions to determine if they are allowed to do the type of

work on offer The documents are genuine (i.e. watermark, UV security features,

tactile printing, intricate design, silver foil holograms), have not been tampered with and belong to the holder; and

The reasons for any different names across documents (e.g. original marriage certificate, divorce decree absolute, deed poll). Supporting original documents should also be photocopied and a copy retained.

• - 'An Employer's Guide to Right to Work Checks' - UKVI, May 2015

Passport Checks

• The following must be copied (from the original) for each passport check:

• Any page with the document expiry date

• Any page containing the holder's nationality, date of birth, signature

• Any page containing a leave expiry date

• Any page containing biometric details

• Any page containing the passport holder's photograph

• Any page containing information on entitlement to enter or remain in the UK and undertake the work in question

• The front cover no longer has to be copied, however it is currently University practice to continue this process.

• The check must be dated – you can do this by making a signed declaration on the document.

Expired Passports – EEA/British

• Non-EEA documents should be current.• However you can accept an out-of-date British, EU, EEA or Swiss

passport, if you carry out the appropriate checks

- including satisfying yourself that the photograph and date of birth on the document are consistent with the individual presenting the document.

• Or, ask for alternative proof of right to work, e.g. a full birth certificate with proof of NI. Though not essential for UKVI purposes, at the University we also request a form of photographic ID, along with the alternative proof of right to work, as the birth certificate and proof of NI will not provide this.

Expired Passports – Non EEA

From 16 May 2014:

Expired passports from non EEA member countries are not acceptable:

“You may not accept an expired passport unless it is a UK passport or a passport issued by a member state of the European Economic Area. Expired passports issued by any other country are not acceptable, even if they purport to contain older immigration stamps conferring indefinite leave to enter or remain.”- From An Employer’s Guide to Acceptable Right to Work Documents, May 2014

Link to May 2015 guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441957/employers_guide_to_acceptable_right_to_work_documents_v5.pdf

Checks on All Other Documents

• The original document must be copied in full (including both sides of a Biometric Residence Permit, both sides of a National Identity card, full birth certificate)

• Any work restrictions/conditions will be detailed in the right to work document.

• The documents must be kept securely for the duration of the person’s employment and for a further two years after they leave.

• If accepting a combination of documents, ensure that the information is consistent across all documents. If the documents provide different names, supporting information is required, e.g. a marriage certificate.

Further Checks for Tier 4 Visa Holders

• Students on Tier 4 visas are able to work part-time during studies and full-time during vacation period and the period of time between completing their studies and the expiry of their visa, if:

• They are following a course of study at the appropriate academic level, and they are working with a certified sponsor.

• You will need to obtain and retain evidence of the student’s academic term and vacation period dates to determine when they are able to work part-time or full time.

• Tier 4 students should not be employed on permanent contracts.

Update on Biometric Residence Permits

• Biometric Residence Permits (BRPs) – biometric immigration documents. Issued to migrants in the UK who have been given permission to remain in the UK for over six months.

• Between March – July 2015, BRPs are also being issued to overseas migrants who have obtained permission to remain in the UK for over six months.

• Overseas migrants will be given a vignette in their passport, valid for 30 days, allowing them to travel to the UK. They then have 10 days from arrival in the UK to collect their BRP from a designated post office.

• https://www.gov.uk/government/publications/biometric-residence-permits-overseas-applicant-and-sponsor-information

Follow Up Checks

• All List B documents provide a time-limited statutory excuse, as there are restrictions on right to work in the UK.

• Follow up checks are therefore required - such checks are conducted by Human Resources.

Useful Links• The HR Adviser team is available should you have any questions.

There is also information available from UKVI and other sources:• UKVI Guide to right to work checking:• https://www.gov.uk/government/uploads/system/uploads/

attachment_data/file/426964/an_employers_guide_to_right_to_work_checks_may_2015_final.pdf

• UKVI Guidance on avoiding unlawful discrimination with respect to the prevention of illegal working: https://www.gov.uk/government/publications/avoiding-discrimination-while-preventing-illegal-working-code-of-practice-2008

• UKVI Guidance on acceptable Right to Work Documents (includes specimen documents): https://www.gov.uk/government/publications/acceptable-right-to-work-documents-an-employers-guide

• Basic British Passport Checking Guidance:• https://www.gov.uk/government/publications/basic-passport-checks

Useful Links - Continued• UKVI Online right to work checking tool:• https://www.gov.uk/legal-right-work-uk • UKVI FAQs on right to work checks:• https://www.gov.uk/government/publications/preventing-illegal-working-

frequently-asked-questions • UKVI Overview of right to work for Croatian Nationals:• https://www.gov.uk/croatian-national/overview • List of countries in the EU and EEA:• https://www.gov.uk/eu-eea • PRADO (right to work document database):• http://prado.consilium.europa.eu/EN/homeIndex.html • Guidance on Checking Birth Certificates

https://www.gov.uk/government/publications/ips-guide-to-birth-certificates