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Checking a job applicant's right to work

Uk Visas Immigration

October 16
14:31 2024

You must check that a job applicant is allowed to work for you in the UK before you employ them.

You can:

You can also check an applicants right to work by using an identity service provider that offers Identity Document Validation Technology (IDVT). You can find out more about IDVT in the employers guide to right to work checks.

British and Irish citizens cannot get an online share code to prove their right to work. Youll need to check their original documents - for example, their passport or passport card - or use an identity service provider instead.

You do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.

Youll also need a sponsor licence to employ EEA and Swiss citizens coming to the UK to work from 1 January 2021.

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 theyre from. Sign up for email updates about the right to work policy.

Checking the applicants original documents

  1. Ask to see the applicants original documents. You can no longer accept biometric residence cards or permits. Ask the applicant for a share code instead.

  2. Check that the documents are valid with the applicant present.

  3. 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
  • photos are the same across all documents and look like the applicant
  • dates of birth are the same across all documents
  • if 2 documents give different names, the applicant has supporting documents showing why theyre different, such as a marriage certificate or divorce decree

If the applicant is not a British or Irish citizen, youll also need to check that:

  • the dates for the applicants right to work in the UK have not expired
  • the applicant has permission to do the type of work youre offering (including any limit on the number of hours they can work)
  • for students you see evidence of their study and vacation times

Follow-up checks

If your employees right to work is time-limited, youll need to check their documents again when its 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 applicants details (for example nationality, date of birth and photograph) including endorsements, for example a work visa
  • for all other documents you must make a complete copy
  • keep copies during the applicants 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 an employees or potential employees immigration status if they cannot show their documents or online immigration status.

This could be, for example, because they:

  • have an outstanding appeal, review or application with the Home Office
  • arrived in the UK before 1989 and do not have documents to prove their immigration status or right to work

You must also ask the Home Office to check their status if they have:

  • a digital or non-digital Certificate of Application that says you need to ask the Home Office to check their right to work
  • an Application Registration Card

Application Registration Cards must state that the work the employer is offering is permitted.

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 employers guidance on right to work checks if you need more help.

You can also contact the Home Office.

Employer Enquiry helpline
Telephone: 0300 790 6268
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges

For application questions as a business (or representative) or a Tier 1 investor, contact the business helpdesk.

For application questions if youre an educational provider or student sponsor, contact the educators helpdesk.

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