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

You can:

• , if they’ve given you their share code

You can also check an applicant’s 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 .

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.

to employ EEA and Swiss citizens coming to the UK to work from 1 January 2021.

You must not discriminate against anyone because of where they’re from. .

Checking the applicant’s original documents

1. Ask to see the applicant’s original documents.

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 91Ï㽶»ÆÉ«ÊÓƵing documents showing why they’re different, such as a marriage certificate or divorce decree

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

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

Read the guidance on .

Follow-up checks

If your employee’s right to work is time-limited, you’ll need to check their documents again when it’s 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 applicant’s 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 applicant’s employment and for 2 years after they stop working for you
• record the date the check was made

Make sure you follow .

If the job applicant cannot show their documents

You must 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  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

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

Business helpdesk

businesshelpdesk@homeoffice.gov.uk

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

Educators helpdesk

educatorshelpdesk@homeoffice.gov.uk

When a prospective worker gives you their relevant documents to prove that they have the right to work in the UK, you must ensure they are valid and keep a record of them. You can keep a record of these documents by either photocopying them or scanning and saving them electronically.

Make sure the workers' documents are valid

You need to check that:

• the documents are originals and belong to the person who has given them to you
• the dates for the worker's right to work in the UK haven't expired
• photos are the same across all documents and look like the applicant
• dates of birth are the same across all documents
• the person has permission to do the type of work you're offering (including any limit on the number of hours they can work)
• for students you see evidence of their study and vacation times
• if two documents give different names, the person has 91Ï㽶»ÆÉ«ÊÓƵing documents showing why they are different, eg marriage certificate or divorce decree

See check if a document allows someone to work in the UK and view a job applicant's right to work details.

You don't have to do further checks if the person has no restrictions on their right to work in the UK. You will have to make additional checks if they have a limited right to work in the UK - check if a document allows someone to work in the UK.

Take a copy of the documents for record-keeping

When you copy the documents:

• make a copy that cannot be changed, eg a photocopy or scanned electronic version
• for passports, copy any page with the expiry date, and applicant's details (eg nationality date of birth, and photograph) including endorsements, eg a work visa or Certificate of Entitlement to the right of abode in the UK
• for biometric residence permits, copy both sides
• for all other documents, you must make a complete copy
• keep copies during the worker's employment and for two years after they stop working for you

See and .

You must ensure you comply with the General Data Protection Regulation (GDPR) and that you keep the right staff records for the correct time period.

You can be sent to jail for 5 years and have to pay an unlimited fine if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ did not have the right to work in the UK.

This includes, for example, if you had any reason to believe that:

• they did not have leave (permission) to enter or remain in the UK
• their leave had expired
• they were not allowed to do certain types of work
• their papers were incorrect or false

Check your employees properly

You can also be penalised if you employ someone who does not have the right to work and you did not do the correct checks, or you did not do them properly.

If this happens, you might get a ‘referral notice’ to let you know your case is being considered and that you might have to pay a civil penalty (fine) of up to £60,000 for each illegal worker.

You’ll be sent a ‘civil penalty notice’ if you’re found liable and you’ll have 28 days to respond.

The notice will tell you how to pay, what to do next, and how to object to the decision.

Your business’s details may be published by Immigration Enforcement as a warning to other businesses not to employ illegal workers.

Read more about .

Get help and advice

Call or email for help and advice on preventing illegal working.

Phone

Telephone: 0300 790 6268
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm

Email

businesshelpdesk@homeoffice.gov.uk - if you’re an employer or Tier 1 investor
educatorshelpdesk@homeoffice.gov.uk - if you’re from an educational institution or you’re a student sponsor

Biometric residence permits (BRPs) are issued to individuals from outside the European Economic Area (EEA) who come to the UK to work or study.

As an employer, a valid BRP is proof of the holder's right to stay in the UK and do the work you are offering them.

For more information on checking the right to work in the UK, see ensure your workers are eligible to work in the UK.

What does a biometric residence permit look like?

The BRP is blue and pink in colour. The front of the card contains information about the holder.

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Section 3C leave allows individuals to remain in the UK while awaiting a decision on their visa extension application. This status is also referred to as Section 3C of the Immigration Act 1971.

When is an individual eligible for section 3C leave?

Section 3C leave is automatically granted when an individual submits an application to extend their UK leave to remain before their current permission expires (i.e., an "in-time" application).

Section 3C leave ensures their immigration status continues under the same conditions until a Home Office decision is made on their application. Due to processing times, an employee can wait for up to 12 months for a decision.

The employee will not receive a formal notification of their 3C leave status, but their right to work remains valid.

How to check an employees right to work

If an individual with 3C leave cannot  to demonstrate their right to work, you can conduct a manual right-to-work check using the Home Office's .

You have 28 days to complete the ECS check. However, it's recommended that you use the ECS to confirm their continuing right to work as soon as you are aware the employee has 3C leave.

You are legally allowed to employ someone while awaiting the result, provided they have presented evidence that they made a valid, in-time application for further leave to remain. This will usually be an automated email from the Home Office confirming receipt of their application.

Provided the date of the email is earlier than the expiry date of the employee's previous leave to remain, their application is in-time.

ECS results can take up to seven days to process but may be longer during busy periods. You can continue to employ the person while awaiting confirmation.

What is considered a valid immigration application?

A valid immigration application can include:

• Visa extension applications made before the current visa expires.
• Indefinite Leave to Remain applications made before the current visa expires.
• Fee waiver applications made before the current visa expires if the individual cannot afford the application fee.

As long as the employee has made a valid application, their section 3C leave will continue and they can keep working until their application is processed. The Home Office acknowledges all applications with an automated email. The key thing to note is the date of the email i.e., the date of the person’s application.

Avoid unnecessary suspensions under section 3C leave

You should provide an employee with reasonable opportunity to prove that they continue to have a right to work. An employer should not suspend an employee on 3C leave without doing an ECS check. Provided the employee has evidence of submitting an in-time application and you have a positive ECS result, they may continue working.  You only need to take action if the ECS check returns a negative result.

Further help

Read the .

You can contact the Home Office’s Employer Enquiry helpline on Tel 0300 790 6268 or email businesshelpdesk@homeoffice.gov.uk.