In the UK, employees must provide proof of their right to work before starting any job, and employers are legally obligated to verify this proof. Whether you’re a UK citizen, a visa holder, or a foreign national, there are specific documents and verification processes accepted by the UK government to establish your right to work. Here’s a guide on how to prove your right to work in the UK, including acceptable documents, the Home Office online service, and key steps for both employees and employers.
1. Why You Need to Prove Your Right to Work in the UK
Proving your right to work is a legal requirement designed to prevent illegal working in the UK. All employers must verify that new hires have the legal right to work in the UK. This proof is essential for:
- UK Citizens: To confirm their nationality and right to work without restrictions.
- EU/EEA and Swiss Nationals: To confirm settled or pre-settled status, or a valid visa if they arrived after January 1, 2021.
- Non-EU Nationals: To demonstrate a valid visa or immigration status permitting work.
2. Accepted Documents to Prove Right to Work
The UK government has two main lists of accepted documents: List A and List B. These documents cover both indefinite and time-limited rights to work.
List A: Documents for Indefinite Right to Work
If you have a permanent right to work in the UK (such as UK citizens or ILR holders), List A documents prove this right without needing further checks.
- British Passport or Irish Passport: Shows unrestricted right to work.
- Certificate of Naturalisation or Registration as a British citizen.
- Indefinite Leave to Remain (ILR): Valid Biometric Residence Permit (BRP) or stamp showing ILR.
- EEA/Swiss Settled Status: Confirmation of settled status under the EU Settlement Scheme.
List B: Documents for Time-Limited Right to Work
For those with temporary work authorization (e.g., Skilled Worker Visa holders), List B documents demonstrate a limited right to work, which may require follow-up checks.
- Biometric Residence Permit (BRP): Issued to individuals with a time-limited visa, such as the Skilled Worker Visa.
- Frontier Worker Permit: For EU nationals working in the UK but residing elsewhere.
- Digital Proof via Home Office Online Service: Non-UK citizens can provide a share code to prove their right to work electronically.
Having these documents available ensures you meet all legal requirements and can confirm your eligibility to work.
3. Proving Right to Work Using the Home Office Online Service
For many visa holders and EU Settlement Scheme applicants, the Home Office’s online right-to-work checking service simplifies verification. This service enables digital verification, providing a convenient and secure way to share your right-to-work status with an employer.
How to Use the Online Service:
- Get a Share Code: Visit the Home Office’s online service and follow the prompts to generate a share code.
- Share with Employer: Provide this share code along with your date of birth to your employer.
- Employer Verification: Employers use the code on the government’s website to verify your right-to-work status.
This digital proof is becoming increasingly common, especially for those without physical documents or who prefer online verification.
4. Step-by-Step Process for Employees to Prove Right to Work
Follow these steps to ensure a smooth right-to-work check:
- Gather Required Documents: Obtain an accepted document from List A or List B, or generate a share code if using the online service.
- Prepare Supporting Documents (if needed): Non-UK citizens with temporary status may need additional proof, like a visa or residence permit.
- Provide Documents to Employer: Show the original document or share the online code for verification.
- Ensure Follow-Up: For time-limited visas, ensure your employer knows the expiry date to avoid issues with work eligibility.
Providing clear and complete documentation helps expedite the hiring process and confirms your eligibility.
5. Verification Process for Employers
Employers are required to check all new hires’ right to work before employment begins. The verification process varies slightly depending on whether the employee provides physical documents or opts for online verification.
Steps for Employers:
- Obtain the Right-to-Work Documents: Check that employees provide an original document from List A or B or a share code for online verification.
- Check Document Validity: Ensure the document’s details match the individual’s identity and verify authenticity.
- Record Keeping: Keep a copy of the document or digital record, noting the date the check was conducted.
- Conduct Follow-Up Checks (if required): For employees with time-limited right-to-work documents, set reminders for follow-up checks before the document expires.
Following these steps helps employers comply with UK law and avoid fines or penalties for employing unauthorized individuals.
6. Tips for Maintaining Proof of Right to Work
- Keep Documents Up-to-Date: If your visa or residence permit expires, renew it promptly and provide updated proof to your employer.
- Use the Online Service for Updates: For those eligible, using the online service simplifies updating your employer on your right-to-work status.
- Retain Copies for Future Jobs: Maintaining copies of your documents can streamline right-to-work checks when changing employers.
Proper document management ensures your eligibility to work is always up-to-date.
7. Frequently Asked Questions (FAQs)
1. Can I prove my right to work without a passport?
Yes, other documents like a Biometric Residence Permit, settled status, or a Certificate of Naturalisation are acceptable.
2. How often do I need to prove my right to work?
Usually only at the start of employment, unless you have a time-limited visa that requires follow-up checks.
3. Do British citizens need to prove their right to work?
Yes, UK citizens must provide proof of citizenship, typically through a passport, to confirm their unrestricted right to work.
4. What if I don’t have the required documents?
If you don’t have the necessary documents, you may need to apply for replacement documents or a status confirmation letter from the Home Office.
5. Can employers use the online service for British citizens?
No, the online service is currently for non-UK citizens. British citizens should provide physical documents like a passport.
6. Can I use a share code for multiple employers?
Yes, you can generate a new share code for each employer, allowing them to verify your right to work without using physical documents.