UK Employers: How to Check Job Applicants' Right to Work
This article outlines general rules from gov.uk on verifying a job applicant's permission to work in the UK. It covers methods like online checks, documents, and Home Office referrals, plus requirements for genuineness and validity. Note: this is general information based on official guidance, not advice.
Employers in the UK must verify that job applicants have permission to work before offering employment, according to gov.uk guidance. Failing to perform correct checks can lead to penalties. This general information summarises publicly available rules on methods, documents, and procedures.
Methods for Right to Work Checks
- Use the online service with the applicant's share code.
- Examine original documents provided by the applicant.
- Employ an identity service provider using Identity Document Validation Technology (IDVT), as detailed in employer guidance.
British and Irish Citizens
These nationals cannot obtain a share code for online checks. Instead, original documents like passports or use of IDVT is generally required.
Special Rules for Certain Nationals
For existing employees from the EU, EEA, or Switzerland who arrived before 1 July 2021, no further checks are typically needed. However, employing new EEA or Swiss citizens arriving from 1 January 2021 usually requires a sponsor licence.
Penalties and Non-Discrimination
Employing someone without the right to work after inadequate checks can result in civil penalties. Rules also state that checks must not discriminate based on nationality.
Performing Checks on Original Documents
Request originals
Ask the applicant to present genuine, unaltered original documents in person. Biometric residence cards or permits are no longer accepted; a share code is preferred.
Verify details
Confirm documents belong to the applicant by matching photos, dates of birth, and names (with supporting evidence for discrepancies, like marriage certificates).
Check permissions
For non-British/Irish applicants, ensure work rights have not expired, match the job type, and respect any hour limits. For students, review study and vacation evidence.
Full details on acceptable documents and check methods are in gov.uk's employer right to work guidance.
Document Copying and Record-Keeping
- Create uneditable copies, such as photocopies, that are clear and readable.
- For passports, include pages with personal details, expiry, nationality, photo, and endorsements like visas.
- Copy all pages for other documents.
- Record the check date on copies.
Retention Requirements
Follow-Up Checks for Time-Limited Permissions
If an applicant's work permission has an expiry date, employers generally need to recheck documents or status before it ends to maintain compliance.
Handling Cases Without Documents
Home Office Referral
Contact the Home Office if the applicant lacks documents due to outstanding applications, pre-1989 arrival, or specific certificates indicating employer verification needed.
Submit request
Provide applicant details to Home Office for status check.
Receive notice
A Positive Verification Notice confirms right to work if approved.
Retain evidence
Keep the notice as part of records.
Application Registration Cards must explicitly permit the offered work.
Key Contacts for Employer Support
Helplines and Emails
Sign up for gov.uk email updates on right to work policy changes. Comprehensive employer guidance is available online.
| Scenario | Action Required | Notes |
|---|---|---|
| British/Irish citizen | Original docs or IDVT | No share code available |
| Time-limited permission | Re-check before expiry | Ongoing compliance |
| No documents | Home Office check | Keep Positive Verification Notice |
| Existing EU/EEA pre-1 Jul 2021 | No check needed | Exception applies |
Additional Considerations
- 1Ensure all checks are done before employment starts.
- 2Avoid accepting outdated biometric cards; shift to digital methods.
- 3Use IDVT providers for remote or tech-based verification where allowed.
- 4Monitor for policy updates, especially post-Brexit changes.
Critical Reminder
This content paraphrases gov.uk guidance as of latest available info. Always refer to official sources for current rules, as they may change.
Frequently Asked Questions
Do employers need to check British citizens?
Yes, typically via original documents like passports, as they do not have share codes.
How long must document copies be kept?
Generally during employment and for 2 years afterwards.
What if names differ on documents?
Supporting evidence, such as marriage or divorce papers, is usually required to explain differences.
Can biometric residence permits still be used?
No, they are no longer accepted; share codes or other methods apply.
What happens if Home Office issues a Positive Verification Notice?
It confirms right to work; retain it in records.
Are there exceptions for old EU employees?
Existing staff from EU/EEA/Switzerland before 1 July 2021 generally do not need checks.
Explore More on Right to Work Rules
This is general information from gov.uk. Have questions about these requirements? Chat with our AI assistant to explore official guidance further.
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