Summary of the 3-step manual right to work check

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Summary of the 3-step manual right to work check

Summary of the 3-step manual right to work check

  1. OBTAIN – Obtain original versions of one or more acceptable documents.
  2. CHECK – Check the document’s validity in the presence of the holder.
  3. COPY – Make and retain a clear copy and record the date the check was made.

Step 1 – OBTAIN
You must obtain original documents from either List A or List B of acceptable documents at Appendix A.

Step 2 – CHECK
You must check that the documents are genuine and that the person presenting them is the prospective employee or employee, the rightful holder and allowed to do the type of work you are offering.  You must check that:

  1. photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation;
  2. expiry dates for permission to be in the UK have not passed;
  • any work restrictions to determine if they are allowed to do the type of work on offer (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed);
  1. the documents are genuine, have not been tampered with and belong to the holder; and
  2. the reasons for any difference in names across documents can be explained by providing evidence (e.g. original marriage certificate, divorce decree absolute, deed poll). These supporting documents must also be photocopied and a copy retained.

Step 3 – COPY

You must make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy.  You must also retain a secure record of the date on which you made the check. Simply writing a date on the copy document does not, in itself, confirm that this is the actual date when the check was undertaken.  If you write a date on the copy document, you must also record that this is the date on which you conducted the check.

You must copy and retain copies of:

  1. Passports: any page with the document expiry date, the holder’s nationality, date of birth, signature, leave expiry date, biometric details, photograph and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question (the front cover no longer has to be copied).
  2. All other documents: the document in full, including both sides of a Biometric Residence Permit, Application Registration Card and a Residence Card (biometric format).

All copies of documents taken should be kept securely for the duration of the worker’s employment and for two years afterwards.  The copy must then be securely destroyed.

APPENDIX 1

Lists of acceptable documents for right to work checks

List A: Documents which need only be checked before employment starts

  1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
  1. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country* or Switzerland.

(*A Croatian national who wishes to work in the UK may need to obtain sponsorship and an accession worker authorisation document.)

  1. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
  1. A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.
  1. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
  1. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
  1. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, 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.
  1. A birth or adoption certificate issued in the UK, 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.
  1. A birth or adoption certificate issued in the Channel Islands, 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.
  1. A certificate of registration or naturalisation as a British citizen, 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

List B – Time limited right to work in the UK

Group 1: Documents which must be checked before employment starts and at the expiry date

  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.
  1. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.
  1. A current Residence Card (including an Accession Residence Card or a Derivative

Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.

  1. 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 permanent National Insurance number and their name issued by a Government agency or a previous employer.

Group 2: Documents which must be checked within the six-month time limit of the Positive Verification Notice

  1. A Certificate of Application issued by the Home Office under regulation 18(3) or 20(2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than six months old together with a Positive Verification Notice from the Home Office Employer Checking Service.
  1. An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
3.A Positive Verification Notice issued by the Home Office Employer Checking Service 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.

Online right to work checks
Where your immigration status means their right to work can be checked online, employers must receive a response confirming you can undertake the work in question before employing you or continuing to employ you.

In order to submit an online check, employers will need to input the following information:

  • your date of birth
  • the share code as provided by the employee portal of the online Right to Work Checking service.

The right to work check should be recorded in an uneditable format.

Where an online check is carried out for a student who will be employed during the term time, the employer should check and make a copy of their academic term dates.

Positive Verification Notices
In certain circumstances employers are required to obtain a Positive Verification Notice from the Home Office Employer Checking Service to confirm that the named person is allowed to carry out the type of work in question.  This will be required if you are only able to produce:

  • a Certificate of Application, less than 6 months old, indicating that the holder is permitted to undertake the work in question or
  • an Application Registration Card indicating that the holder is permitted to undertake the work in question or
  • no acceptable documents can be produced because the person has an outstanding application with the Home Office or appeal/administrative review against the Home Office.
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