UK right to work checklist

If you are a UK employer who has hired (or is considering hiring) non-UK (foreign) employees, you will need to make sure that said employees possess the Right to Work in the United Kingdom. If you fail to perform an adequate Right to Work check for an employee who is ultimately determined to lack the right to be employed in the country, you could face a civil penalty. The best way to know whether the person you seek to hire is eligible to be employed by you in the UK is to consult an employer’s guide to Right to Work (also known as the UK Right to Work checklist). Today’s blog will present an overview of this checklist, including the Right to Work compliance risks. 

An Employer’s Guide to Right to Work

• An employer can ascertain whether a would-be employee possesses the Right to Work in the UK in two ways:
  • They can manually check that the documents are genuine (i.e. they can analyze the materials an employee has presented as evidence of his or her right to work). 
  • They can access the online UK Right to Work checklist (for more information on this online Home Office checklist, contact us here). 

Manual Check

• If you attempt to manually determine the validity of the Right to Work documents, you will need to follow the following steps: 
  1. Examine your employee’s materials (originals, not copies). If they hold the right to work in the UK, they will need to present one document from either of the following categories:
     • Right to Work Checklist: List A
     • Right to Work List B Group 1 
     • Right to Work List B Group 2
  2. Check the documents are genuine
     • Confirm the validity of the Right to Work documents by making sure that: 
       • Any materials presented as evidence of Right to Work are in fact valid and do not belong to someone other than the would-be employee.
       • All dates (such as birthdates) are the same throughout multiple documents.
       • Any inconsistencies regarding names in the various presented documents are due to legitimate reasons, such as divorce/marriage.
       • Any ID photos found on submitted materials look like the employee in question and are the same throughout multiple documents. 
       • Employees who are restricted on how long they can stay in the country have not already surpassed their permission date (in which case they would have already experienced a loss of the Right to Work in the country).
       • That the visa conditions of your would-be employee do not restrict him or her from being employed by you. 
  3. Make copies of all of the submitted documents
     • In addition to having readable copies made of all of the presented documents, you will need to keep track of when you performed any Right to Work checks. 
  4. Know the type of excuse you have
     • If you are an employer, you can guard against any Right to Work compliance risks (in the event that your performance of the Right to Work checklist fails to prevent you from hiring someone who does not possess the Right to Work) so long as you “know the type of excuse you have”. 
     • The type and duration of your excuse varies depending on what list the materials you were presented are from: 
       • List A—nature of your excuse is continuous and lasts throughout the entirety of your worker’s employment period, meaning that your performance of a secondary Right to Work check is not required. 
       • List B: Group 1—nature of your excuse is time limited, meaning that your performance of a secondary Right to Work check is required once your employee suffers a loss of the Right to Work.
       • List B: Group 2—nature of your excuse is time limited, meaning a performance of a secondary Right to Work check is required half a year from the expiration of your Positive Verification Notice.

Right to Work Checklist: List A

One of the following is required:

• British passport (i.e. proof that the bearer-or daughter or son of bearer, as detailed by the passport-possesses the “right of abode” as a British/UK citizen). Note: while this passport must be valid, it can also be expired.  
• Irish passport. Note: while this passport must be valid, it can also be expired.  
• Other country passport, which presents evidence of the bearer being outside of immigration control (i.e. that they possess ILR). Note: this document must be unexpired.
• EEA/Swiss document (i.e. proof that the bearer possesses ILR-Indefinite Leave to Remain). Note: this document must be unexpired.
• Biometric Residence Permit (i.e. proof that the bearer either has no expiry date for his or her right to stay in the UK, or possesses ILR).  Note: this document must be unexpired. 
• Official UK naturalization/registration certificate + a government/work issued document showing bearer’s name and National Insurance Number (i.e. proof that bearer has become a UK citizen). 
• Document from the Isle of Man, the Bailiwick of Guernsey, or the Bailiwick of Jersey (i.e. proof that the bearer possesses ILR). 
• Home Office-issued Immigration Status Document + a government/work issued document showing bearer’s Name and National Insurance Number (i.e. proof that the bearer either has no expiry date for his or her right to stay in the UK, or possesses ILR. Note: this document must be unexpired.
• UK adoption/birth certificate + a government/work issued document showing bearer’s name and National Insurance Number.
• Isle of Man/Channel islands /Irish adoption/birth certificate +a  government/work issued document showing bearer’s name and National Insurance Number.

Right to Work List B Group 1

• Country passport with proof of the bearer’s right to both reside in Britain and be employed in the related context. Note: this document must be unexpired.
• EEA/Swiss document granted to relative of EEA/Swiss national with proof of the bearer’s right to stay in the UK for a certain period and be employed in the related context. Note: this document must be unexpired.
• Valid Frontier Worker permit. 
• Home Office-granted photo-ID immigration status document (i.e. evidence that the bearer possesses the right to stay in the UK and be employed in the related context) + a government/work issued document showing bearer’s name and National Insurance Number. Note: this document must be unexpired.
• Home Office Employee Checking Service-validated document from the Isle of Man, the Bailiwick of Guernsey, or the Bailiwick of Jersey (i.e. proof that the bearer has submitted an application for leave to either enter or remain in the country, which was submitted any time prior to July 1^st, 2021.  
• Home Office Employee Checking Service-validated document from the Isle of Man, the Bailiwick of Guernsey, or the Bailiwick of Jersey (i.e. proof that the bearer possesses limited leave to either enter or remain in the country). 

Right to Work List B Group 2

• Home Office-granted application registration card which stands as proof of the bearer’s right to be employed in the related context + a Home Office Employer Checking Service-issued Positive Verification Notice. 
• A Home Office Employer Checking Service-issued Positive Verification Notice that was granted to the would-be/current employer, which stands as proof that the bearer can both remain in the country and be employed in the related context. 
• Home office granted document, which stands as proof that the bearer has submitted an application for leave to either enter or remain in the country (under the auspices of the appendix EU) which was submitted any time prior to July 1^st, 2021, + a Home Office Employer Checking Service-issued Positive Verification Notice. 
• Document from the Isle of Man, the Bailiwick of Guernsey, or the Bailiwick of Jersey which stands as proof that the bearer has submitted an application for leave to either enter or remain in the country, which was submitted any time prior to July 1^st, 2021, + a Home Office Employer Checking Service-issued Positive Verification Notice.