Procedure for carrying out Right to Work Checks

Steps

Departments must follow steps 1-3 below for every person that is to be employed. These steps must also be followed for sponsored researchers entering under Tier 5, even though they are not employees of the University.

STEP 1

The prospective employee (or existing employee, if carrying out repeat checks) must provide you with either:

  • one of the single documents, or one of the combinations of documents specified in List A (44kb) which demonstrate a permanent right to work in the UK; or
  • one of the single documents, or one of the combinations of documents specified in List B (42kb) which demonstrate a limited right to work in the UK and therefore require repeat checks.

STEP 2

The UK Border Agency expects employers to take all reasonable steps to check that any document presented as proof of right to work in the UK is valid. Departments must satisfy themselves that the prospective employee (or current employee if carrying out repeat checks) is the person named in the document and that the document allows them to do the work in question.

In particular, departments must:

  • check that any photographs are consistent with the appearance of the employee (this means you must see them in person);
  • check that the dates of birth listed are consistent across documents and that you are satisfied that these correspond with the appearance of the employee;
  • check that the expiry dates of any limited leave to enter or remain in the UK (visas) have not passed;
  • check any UK visas to see if the prospective employee (or current employee if carrying out repeat checks) is able to do the type of work you are offering;
  • satisfy yourself that the documents are valid and genuine, have not been tampered with and belong to the holder.

If the employee presents two documents which have different names, departments must ask for further documentation to explain the reason for this (most commonly a marriage certificate).

STEP 3

Departments must make a copy of the relevant page(s) of the document(s) that prove the prospective employee's (or current employee if carrying out repeat checks) right to work in the UK. The copy must be in a format which cannot be altered, for example, a photocopy or scan.

Documents must be copied in their entirety, except in the case of a passport or other travel document. If a passport or other travel document is presented, the following parts must be photocopied or scanned:

  • the front cover and any page containing the holder's personal details. In particular, any page that provides details of nationality, photograph, date of birth, signature, date of expiry and biometric details;
  • any page containing UK visas indicating that the holder has an entitlement to be in the UK and is entitled to undertake the work in question.

Copies of documents should be dated and signed by the member of the department that views them in order to prove to the UK Border Agency (should it become necessary) that the right to work check was completed before the date that the employee commenced work, or within 12 months of the previous check being completed in the case of current employees with limited permission to work in the UK.

If the employee commenced work before 28 February 2008, copies of documents that prove their right to work in the UK must be kept securely for the duration of the person's employment and for a further three years after their employment ends.

If the employee commenced work on or after 28 February 2008, copies of documents that prove their right to work in the UK must be kept securely for the duration of the person's employment and for a further two years after their employment ends.

Only the specified documents/combinations of documents given in Lists A and B can be accepted as proof of right to work in the UK and all documents presented by the prospective employee (or current employee if carrying out repeat checks) must be original.

Detailed descriptions and illustrations of the documents included in List A and List B can be found on pages 21-39 of the UK Border Agency's guidance document.

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Carry out repeat checks

Ongoing right to work

List A (44kb) documents show that a person is not subject to immigration control, or has no restrictions on their stay in the UK. If a prospective or existing employee presents a List A document (or one of the combinations of documents specified), they can work for an indefinite period. Where departments have carried out the appropriate checks (steps 1-3 above) on a prospective employee's List A documents, the department will have established a valid justification against the liability to pay a civil penalty and will not be required to carry out any further right to work checks for that individual.

Limited right to work

List B (42kb) documents show that a person has been granted permission to work in the UK for a limited period of time. Where a prospective employee provides documents from List B, departments must carry out the specified document checks (following steps 1-3 above) before the employment of the individual begins and then carry out follow up checks (following steps 1-3 above) at least once every 12 months from the date of the last check. Departments must carry out these repeat checks in order to establish a valid justification against the liability to pay a civil penalty.

If, when rechecking the documents for an employee who last had limited permission to work in the UK (and therefore produced a List B document or combination of documents), the employee then provides a document or documents from List A, no further checks are necessary for the duration of the employment.

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Employer's Checking Service

In some cases, when carrying out initial or repeat right to work checks, departments may find that an employee's documents are with the UK Border Agency in connection with an outstanding application or appeal, and the employee is therefore unable to present proof of their right to work in the UK at that time.

In such cases employees may present an Application Registration Card or a Certificate of Application. These documents alone are not proof of right to work in the UK. Departments should contact the UK Border Agency's Employer's Checking Service for confirmation of proof of right to work if presented with one of the above documents, or if an employee claims to have the right to work in the UK on the basis of having an outstanding application with the UK Border Agency.

The department will be required to complete a form and fax it to the UK Border Agency. The UK Border Agency will respond by fax (usually within 5 working days) to confirm whether or not the applicant has an outstanding application with the UK Border Agency and whether or not they are entitled to work whilst their application is being considered.

Departments must inform the prospective employee of their intention to use the Employer's Checking Service to verify their right to work in the UK.

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Employing Non-UK Nationals

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