| nibusinessinfo.co.uk

Check a job applicant's entitlement to work in the UK

How employers must take steps to ensure that a worker is allowed to work for you.

A new immigration system applies to people arriving in the UK from 1 January 2021. EU citizens moving to the UK to work will need to get a visa in advance. Employers need a sponsor licence to hire most workers from outside the UK. See employing EU citizens in the UK.

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 .

British and Irish citizens cannot get an online share code to prove their right to work. You’ll 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.

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 they’re from. .

Checking the applicant’s original documents

Ask to see the applicant’s original documents.
Check that the documents are valid with the applicant present.
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 91�㽶��ɫ��Ƶing 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.