Understanding the right to work in the UK is crucial for both employers and employees. The right to work refers to an individual’s legal entitlement to undertake employment in the UK. This article will provide a comprehensive guide on the UK right to work checklist, detailing the essential documents required and the process involved. We will also answer common questions such as ‘what is a right to work document?’ and ‘what are right to work documents?’
What is a Right to Work Document?
A right to work document is a document that provides evidence of an individual’s legal status to work in the UK. It could be a passport, a visa, a biometric residence permit, or other acceptable right to work documents. Employers are legally obliged to check and verify these documents before hiring an individual to ensure they have the right to work in the UK.
Right to Work Checklist
The right to work checklist is a tool used by employers to verify an individual’s right to work in the UK. It involves checking, copying, and retaining copies of the necessary documents. The right to work UK checklist is essential in ensuring that employers comply with the law and avoid penalties for employing illegal workers.
Essential Documents for Right to Work
The right to work documents UK employers need to check can be categorised into three lists: List A, List B Group 1, and List B Group 2.
List A – Documents which show an ongoing right to work
Any one of the following documents from List A will provide a continuous statutory excuse for the duration of the individual’s employment:
- A passport showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
- A passport or national identity card showing the holder is a national of the European Economic Area or Switzerland.
- A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
- A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.
- 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.
List B Group 1 – Documents which show a right to work for a limited time period
Any one of the following documents from List B Group 1 will provide a statutory excuse for a limited time period:
- 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.
- 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.
- 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.
List B Group 2 – Documents where a time-limited statutory excuse can be established by a combination of documents
Any two of the following documents from List B Group 2 will provide a statutory excuse for a limited time period:
- A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (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 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service.
- 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.
Right to Work Checklist Form
The right to work checklist form is a document that employers can use to record the checks they have made on an employee’s right to work documents. It includes sections for recording the type of documents provided, the date of the check, and any follow-up checks required for time-limited documents.
Conclusion
Understanding the right to work in the UK and the associated documentation is crucial for both employers and employees. Employers must ensure they follow the right to work UK checklist to avoid penalties, while employees must provide the correct right to work documents to prove their eligibility to work. This guide provides a comprehensive overview of the process and the essential documents required.
