Follow the steps below to carry out a manual, document-based right to work check for UK and Irish citizens, those who have entered the UK as Visitors (whether they have applied in advance or are granted permission at the border) and those who are in the UK for 6 months or less.
Step 1: Obtain the document(s)
- You must obtain original document(s) which cover one numbered paragraph from either List A or List B of the Home Office Employers’ right to work checklist.
List A
This contains the range of acceptable documents for a person who has a permanent and unrestricted right to work in the UK. This includes:
- all UK and Irish citizens; and
- EU/EEA and Swiss citizens and their family members who have Settled or Pre-Settled status under the EU Settlement Scheme; and
- non-EU/EEA citizens who hold Indefinite Leave to Remain (also known as settlement) or Right of Abode in the UK.
The right to work check must be carried out before employment starts, but we do not need to carry out any follow-up checks.
List B
This contains the range of acceptable documents for a person who has temporary/restricted right to work in the UK, in other words all non-UK/Irish citizens who have a time-limited visa. We are required to conduct further checks at the point that time-limit expires (which is usually their visa expiry date).
Step 2: Check the document(s)
- Arrange a meeting with the employee/worker.
- In the presence of the document holder, check that:
- the document(s) is/are still valid
- photographs and date of birth are consistent across documents and with the person’s appearance;
- the document seems to be valid and genuine, has not been tampered with and belongs to the holder;
- any work restrictions listed allow them to do the work for which they’re employed/engaged.
The Home Office provides guidance on examining identity documents. However, for right to work purposes you are only expected to undertake ‘reasonable checks’ on a document; you are not expected to be an expert.
If you are concerned about the validity of any documents presented to you, please contact the HR Compliance Team.
- If the person provides documents that have different names, ask them to explain the reason and to provide evidence for this, eg a marriage certificate, a divorce decree, a deed poll or statutory declaration.
Step 3: Retain the document(s)
A document can only be copied and verified by a member of staff/TES temp at the University. Third parties cannot be used.
- Take a copy of the document(s):
- Passport: bio-data page, immigration stamps relating to their current time in the UK (you do not need to copy the front cover); or
- All other documents: the document in full (both sides, if applicable).
- Annotate the copy/copies with your name and signature, and the date and time of the check.
- You must provide your signature and print your name and the date and time on the copy to confirm that you have seen the original document. Best practice is to include the statement: “The date on which this right to work check was made [DATE and TIME]” then add your signature and name, and the date and time you carried out the check.
- If the person is a new starter and you are taking the right to work before completing Web Recruitment, you can upload the annotated document(s). Otherwise, send it/them to HR New Appointment team.
- If the person has a Visitor visa (business, academic or permitted paid engagement), please retain a copy of the bio-data page of their passport, a copy of the vignette sticker in their passport if there is one, and their invitation letter.