Right to Work Checks

All employers are required by law to obtain evidence that a person has the right to work in the UK. The evidence, and the date it was was obtained, needs to be stored for the duration of a person's employment and for 2 years after their employment has ended. 

All right to work documents obtained need to meet the following criteria: 

• The evidence needs to be clear and to be a copy that cannot be changed or tampered with, for example a photocopy or a picture
• You need to be able to see all of the document clearly
• Passport copies need to include any page with the expiry date and applicant’s details (for example nationality, date of birth, and photograph)
• All documents need to be a completed copy
• Photographs and dates of birth need to be consistent across all documents
• 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 (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed)
• If the documents provided are in different names then evidence for the name change need to be obtained and stored

When carrying out a manual right to work check one of the following documents must be obtained: 

• A passport (current or expired) showing the holder is a British citizen, Irish citizen, or a citizen of the UK and Colonies, having the right of abode in the UK. If the passport is expired then it needs to have been issued after the age of 16.
• A birth or adoption certificate issued in the UK, Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name, issued by a government agency or a previous employer.
• A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
• Share code, applicants who have a pre-settled status, settled status, or have applied for the right to work in the UK, will be required to obtain a share code. Employers will then be required to conduct a share code check online.
• A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or before 30 June 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules, on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
• A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.