You must check that a job applicant is allowed to work for you in the UK before you employ them.
You can either:
You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check.
You must not discriminate against anyone because of where they’re from.
Employing EU, EEA and Swiss citizens
Right to work checks for EU, EEA and Swiss citizens will not change until 1 January 2021. There is more information in the guide to employing EU, EEA and Swiss citizens after Brexit.
If checking the applicant’s original documents
You must see the applicant’s original documents.
You must check that the documents are valid with the applicant present.
You must make and keep copies of the documents and record the date you made the check.
What to check
You need to check that:
- the documents are genuine, original and unchanged and belong to the person who has given them to you
- the dates for the applicant’s right to work in the UK have not expired
- photos are the same across all documents and look like the applicant
- dates of birth are the same across all documents
- the applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)
- for students you see evidence of their study and vacation times
- if 2 documents give different names, the applicant has supporting documents showing why they’re different, such as a marriage certificate or divorce decree
If your employee’s right to work is time-limited, you’ll need to check their documents again when it’s due to expire.
Taking a copy of the documents
When you copy the documents:
- make a copy that cannot be changed, for example a photocopy
- make sure the copy is clear enough to read
- for passports, copy any page with the expiry date and applicant’s details (for example nationality, date of birth and photograph) including endorsements, for example a work visa
- for biometric residence permits and residence cards (biometric format), copy both sides
- for all other documents you must make a complete copy
- keep copies during the applicant’s employment and for 2 years after they stop working for you
- record the date the check was made
Make sure you follow data protection law.
If the job applicant cannot show their documents
You must ask the Home Office to check your employee or potential employee’s immigration employment status if one of the following applies:
- you’re reasonably satisfied that they cannot show you their documents because of an outstanding appeal, administrative review or application with the Home Office
- they have an Application Registration Card
- they have a Certificate of Application that is less than 6 months old
- they’re a Commonwealth citizen who’s been living in the UK since before 1988
Application registration cards and certificates of application must state that the work the employer is offering is permitted. Many of these documents do not allow the person to work.
The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. You must keep this document.
If you need more help
Read the guidance if you need more help.
You can also contact the Home Office.
For application questions as a business (or representative) or a Tier 1 investor, contact the business helpdesk.
For application questions if you’re an educational provider or Tier 4 sponsor, contact the educators helpdesk.