As a UK employer, you are legally required to verify that every employee has the right to work in the country. Knowing how to check an employee’s right to work in the UK is essential for compliance with immigration laws and avoiding penalties. Here’s a step-by-step guide:
- Obtain the necessary documents
To begin, ask the employee to provide original documents that prove their right to work. Depending on the individual’s status, these documents might include:
- A British or Irish passport.
- A valid immigration status document showing permission to work in the UK.
- A Biometric Residence Permit (BRP) or Biometric Residence Card.
- For EU, EEA, or Swiss nationals, proof of settled or pre-settled status under the EU Settlement Scheme.
- Check the documents for validity
Once the documents are provided, you must carefully examine them to confirm:
- Authenticity: Ensure the documents are genuine and haven’t been tampered with.
- Identity match: The photograph and details on the document should match the person presenting them.
- Work eligibility: Check for any restrictions on the type of work or the number of hours the person is allowed to work.
- Expiry dates: If the right to work is time-limited, ensure the employee’s permission to work is still valid.
- Verify using the online Right to Work Check (if applicable)
For certain employees, such as those holding a Biometric Residence Permit or settled status, you can use the Home Office’s online right to work check service. To do this:
- The employee must provide a share code and their date of birth.
- You enter these details into the Home Office’s online system to confirm their right to work.
- The online check provides a real-time status of the employee’s work eligibility and removes the need for physical document verification.
- Make copies of the documents
After verifying the employee’s documents, make and keep a clear copy of the relevant pages, such as the passport bio page or visa details. For online checks, ensure you keep a record of the check reference number. Ensure you store these copies securely, and they should be kept for two years after the employee’s employment ends.
- Schedule follow-up checks (if needed)
If the employee’s right to work is time-limited (e.g., they are on a temporary visa), you will need to conduct a follow-up check before their current permission expires. This ensures they still have the right to work at your business.
For help and support with any aspect of business immigration, contact our immigration employment law experts.
