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Monday, 11 March 2019 09:09

Do you know which documents are proof of right to work?

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An employer can only employ an individual who has permission to live and work in the UK. British citizens are exempt from immigration control and can automatically settle and work in the UK.

Some Commonwealth citizens have a right of abode in the UK and therefore have the right to the same treatment as a British citizen in relation to their ability to work. However, Commonwealth citizens without a right of abode require leave to enter the UK. European Economic Area (EEA) and Swiss nationals also have an automatic right to work or to look for work, study etc in any of the EEA countries. These rights are known as the rights of free movement under EU law.

Visitors to the UK are not allowed to do paid or unpaid work in the UK during their visit. However, a business visitor is of course permitted to carry out business activities that are directly linked to any employment or business abroad

However, if an individual does not fall within one of the above groups, they will require leave to enter or remain in the UK. An individual with indefinite leave of this nature can live and work in the UK without restriction.

Employers have the responsibility to prevent illegal migrant working in the UK. Employers who unlawfully employ illegal migrant workers will be subject to a system of civil penalties under the Immigration, Asylum and Nationality Act. To avoid liability for this civil penalty, employers should obtain all necessary documentation for potentially suitable candidates. The penalty is currently £10,000 for each illegal migrant worker. The penalty for an employer who knowingly employs an illegal worker is a maximum two year prison sentence and /or an unlimited fine.

DOCUMENTARY PROOF OF RIGHT TO WORK

Satisfactory documentary proof of the right to work falls into two groups. Employers are required to check documentation from List A or List B (see below) formerly known as List 1 & 2. The employer must ask to see one original document from List A or a combination of two documents from List B. To establish a Statutory Excuse (the Excuse), all documentation MUST be checked and copied BEFORE the person commences employment with the company. This will provide an Excuse against payment of a civil penalty.

The documentations outlined in List A establish that the person has an ongoing entitlement to work in the UK. If reasonable steps are taken to check the validity of a document or documents from the first group, List A, the statutory excuse will have been established for the duration of the employment and no further checks will be required.

In order to prove eligibility to work in the UK the following must be produced - one original document from List A or a combination of two documents for List B.

 

LIST A - APPLICABLE TO EMPLOYEES WHO DO NOT HAVE ANY RESTRICTIONS TO WORK IN THE UK

  1. A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.
  2. A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.
  3. A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to a national of a European Economic Area country or Switzerland.
  4. A permanent residence card issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to the family member of a national of a European Economic Area country or Switzerland.
  5. A Biometric Residence Permit issued by the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the UK.
  6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.
  7. An Immigration Status Document issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  8. A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  9. A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  12. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  13. A letter issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.

LIST B - APPLICABLE TO EMPLOYEES WHO DO HAVE RESTRICTIONS TO WORK IN THE UK

  1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.
  2. A Biometric Residence Permit issued by the UK Border Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.
  3. A work permit or other approval to take employment issued by the Home Office, the Border and Immigration Agency or the UK Border Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder or the employer or prospective employer confirming the same.
  4. A Certificate of Application issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old when produced in combination with a positive confirmation letter from our Employer Checking Service.
  5. A residence card or document issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to a family member of a national of a European Economic Area country or Switzerland.
  6. An Application Registration Card issued by the Home Office, the Border and Immigration Agency or the UK Border Agency stating that the holder is permitted to take employment, when produced in combination with a positive confirmation letter from our Employer Checking Service.
  7. An Immigration Status Document issued by the Home Office, the Border an Immigration Agency or the UK Border Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.
  8. A letter issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer.

Members of Your Business Community can always call the HR & Employment Helpline (unlimited free access is part of membership), should they have any questions re the above or any related query.

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