What does eligibility to work in the uk mean

Case law has established that this could potentially amount to indirect discrimination on the grounds of national origin. Those currently without right to work may be able to obtain it through a variety of means. You should follow the normal recruitment and selection procedures and produce your shortlist by assessing all candidates against your essential and desirable criteria in your person specification. The only stage of the recruitment process where right to work can be considered is at the final appointment stage.

Guidance for staff is available here. For anything not covered in these pages, please contact the HR recruitment team. Eligibility to work in the UK. Help with accessing the online library, referencing and using libraries near you:. Skip to content. Please note that you will also need to ensure that you read the information in the links above. Contact us If you have any queries or questions about the recruitment process, or regarding your application, please contact: Resourcing-Hub open. The following individuals do not need a visa for the UK, but do still have to prove their right to work before employment can commence:.

You will need to produce documents from List A in order to provide evidence of your right to work before you can be employed. If you don't already have the right to work in the UK, you are still welcome to apply for a job with the University. Anne Morris. Table of Contents. Who is eligible to work in the UK? Changes in EU worker right to work acceptable documents Following the end of the Brexit transition period and a further six-month grace period, eligible EU nationals and their family members had until 30 June to make an application under the EUSS for pre settled or full settled status.

Acceptable Right to Work documents In order to meet your duties, you can only accept documents from the relevant Home Office guidance list to verify eligibility to work. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland. A current Biometric Immigration Document Biometric Residence Permit issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.

A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question. A current Biometric Immigration Document Biometric Residence Permit issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question. List B Group 2 Group 2 You have a time-limited statutory excuse which expires 6 months from the date specified in your Positive Verification Notice.

A Certificate of Application issued by the Home Office under regulation 17 3 or 18A 2 of the Immigration European Economic Area Regulations , to 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 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.

Commonly presented right to work documents Employers will usually be presented with the following documents if conducting manual right to work checks to prove eligibility to work in the UK. Passport or national identity card You should check if the prospective employee is a British Citizen, Citizen of the UK and Colonies or have indefinite leave to reman and the right to live in the UK.

Immigration documents A biometric immigration document is issued by the Border Agency and must indicate the person can stay indefinitely or there is no time limit on the stay. Birth or Adoption certificate A birth certificate should have one of more parents named and must be issued in the UK or Channel Islands. Registration or naturalisation certificate The potential worker should be named as a British Citizen, and you should also ask for a government document that states their National Insurance number and name.

Official UK government letter The worker may alternatively have been given a letter by the Home Office or immigration authorities that shows they are granted permission to stay indefinitely in the country.

No right to work Employers face significant enforcement action , and potentially criminal sanctions, if they knowingly employ an individual who does not have the right to work. You cannot employ, or continue to employ, someone if they cannot prove their right to work.

Allegations of illegal working The penalties for employing illegal workers and for failing to properly check eligibility to work in the UK can be severe, including a substantial fine for each worker found to be unlawfully employed by our organisation. Need assistance? How do you get a UK work permit? Share this article on:. Share on twitter. Share on linkedin. Share on facebook. Need advice?