To avoid a civil penalty in the event that an employee is found to be working illegally, employers have to do one of the following to prove right to work before the employee commences employment:
- a right to work check via an Identity Service Provider (IDSP)
- a Home Office online right to work check, or
- a manual right to work check.
But what documentation is it necessary for employers to check? And is this the same for each of the three types of right to work checks above?
Where a right to work check has been conducted using the services of an IDSP on British and Irish citizens, a continuous “statutory excuse” will have been established and there is no requirement to see the documents listed below. Nor is there a need to carry out any follow-up check.
Similarly if an online right to work check has been performed using the Home Office service, the information is provided in real-time directly from Home Office systems and there is no need to see the documents listed below.
However, if you are carrying out a manual right to work check, you must obtain original documents from either List A or B of acceptable documents in order to prove right to work in the UK.
What is a right to work document?
Right to work documentation: List A
- A current or expired passport that shows the holder is a British citizen, or a citizen of the UK and Colonies who has the right of abode in the UK
- A passport or passport card (again either current or expired) that shows the holder is a citizen of the Republic of Ireland
- A document issued by Jersey, Guernsey, or the Isle of Man, verified as valid by the Home Office Employer Checking Service, which shows the holder has been granted unlimited leave to enter or remain under the EU appendices to their respective immigration rules.
- A current passport that shows the holder is exempt from immigration control, is allowed to stay indefinitely or the right of abode in the UK, or has no time limit on their stay.
- A current Immigration Status Document issued by the Home Office to the holder, with an endorsement indicating the person is allowed to stay indefinitely in the UK, together with an official document showing a national insurance number and their name issued by a government agency or a previous employer.
- A birth certificate or adoption certificate issued in the UK (or Jersey, Guernsey, the Isle of Man or Ireland) together with an official document giving the person’s permanent national insurance number and their name issued by a government agency or a previous employer.
- A certificate of registration or naturalisation as a British citizen, together with an official document showing their national insurance number and their name issued by a government agency or a previous employer.
Right to work documentation: List B ‘Group 1’
- 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 document issued by Jersey, Guernsey, or the Isle of Man, verified as valid by the Home Office Employer Checking Service, showing the holder has been granted unlimited leave to enter or remain under the EU appendices to their respective immigration rules.
- A current immigration status document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s national insurance number and their name issued by a government agency or a previous employer.
Right to work documents: List B ‘Group 2’
Proving right to work
Right to work check: Everything you need to know
IDSP: Choosing a government-certified Identity Service Provider
-
- A document issued by the Home Office showing the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice (PVN) from the Home Office Employer Checking Service.
- A Certificate of Application (digital or non-digital) issued by the Home Office showing the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a PVN from the Home Office Employer Checking Service.
- A document issued by Jersey, Guernsey or the Isle of Man showing the holder has made an application for leave to enter or remain under the EU appendices to their respective immigration rules, together with a PVN from the Home Office Employer Checking Service.
- An application registration card issued by the Home Office stating the holder is permitted to take the employment in question, together with a PVN from the Home Office.
- A PVN 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.
Can a driving licence prove the right to work in the UK?
No. It’s a common misconception that UK driving licences issued by the DVLA can be used as evidence of someone’s right to work – driving licences have never been accepted as right to work documentation as they do not confirm the holder’s nationality.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Almost three quarters (72%) of businesses surveyed by Xydus thought driving licences were compliant for right to work checks, despite this never having been the case.
The above lists of right to work documents are based on detailed lists provided by Immigration Enforcement, part of the Home Office, that employers can use to prove right to work.
