Understanding Your Right to Work in the UK

Key Highlights

  • Understanding your right to work in the UK is crucial for both employers and employees.
  • Your right to work depends on your immigration status, with British citizens and those with settled status having unrestricted rights.
  • Employers are obligated to conduct right to work checks for all employees to ensure compliance with UK immigration laws.
  • List A and List B documents are used to verify right to work, with List A signifying indefinite leave and List B indicating time-limited rights.
  • Brexit has brought changes, particularly for EU citizens, who may need to apply to the EU Settlement Scheme to continue working in the UK.

Understanding employment law in the UK can be tricky. It is important to know the rules about the right to work. Whether someone can work in the UK depends on their immigration status. This is decided by the Home Office. British citizens have the right to work without extra permissions. However, people from other countries often need special approvals to work legally. This guide looks at the details of the right to work in the UK. It aims to help both employers and employees understand the process better.

The Basics of Right to Work in the UK

In the UK, not everyone has the right to work. This right depends on a person’s immigration status. It is a legal rule that tells who can work in the country. It is not just about having a job offer. You must also have the legal right to work.

Employers must check the right to work status of anyone they want to hire. They need to look at certain documents before the person starts working. This is to make sure that the person can legally work in the UK. If employers do not follow these rules, they could face serious problems. This includes big fines and legal issues.

Defining Right to Work

The ‘right to work’ in the UK means you have permission to work. This permission can come from factors like your nationality, immigration status, or special leave from the Home Office.

People with an automatic right to work, like British citizens or those with the right of abode in the UK, can work without any limits. On the other hand, foreign nationals may need specific visas or immigration statuses to work, and these often have certain rules attached.

Employers must do ‘right to work checks.’ They need to check the documents of potential employees before hiring them. This confirms that they are allowed to work in the UK. This process helps avoid illegal work and protects both employers and workers.

Legal Framework Governing Right to Work

The rules about working in the UK are mainly set by the Immigration, Asylum and Nationality Act 2006. This law lets the Home Office control who can work and the rules about work for them.

A key part of this is that employers have to check if someone has the right to work. They need to confirm the immigration status of job applicants before they can be hired. To do this, employers usually need to look at original documents like passports, visas, or biometric residence permits.

Recently, new digital systems have made this checking easier. Job applicants can now use a unique share code to show their immigration status. Employers can then check this information online through the Home Office’s digital system. This new method makes it safer and quicker to follow the right to work laws.

Documenting Your Right to Work

Showing your right to work in the UK depends on giving your employer correct documents. These documents must prove that you can legally be employed. It’s important to know about the different types of documents and what they mean.

There are two main groups of documents: List A and List B. List A has documents like a UK passport or papers showing indefinite leave to remain. These mean you can work without restrictions. List B includes documents like a visa with work limits. This means your right to work is only for a certain time.

Essential Documents for Proving Your Right to Work

For people who want to show they can work in the UK, it is important to give the right documents to employers. What documents are needed depends on your nationality and immigration status.

If you are a British or Irish citizen, you usually only need a valid passport to prove you can work. Non-EU citizens need documents like a biometric residence permit (BRP) or a visa that allows them to work. A National Insurance number is also very important for working.

People who have recently applied for an extension or change in their immigration status might need to show a Certificate of Application. This certificate proves that their application is in process and often lets them keep working while they wait for a decision.

Navigating List A and List B Documents

When verifying an employee’s right to work, it’s crucial to understand the distinction between List A and List B documents. These lists, established by the Home Office, categorise acceptable forms of proof based on the nature of an individual’s right to work in the UK.

List A documents provide permanent proof of right to work, eliminating the need for repeat checks during employment. An example of a List A document is a passport showcasing British or Irish citizenship, indicating an unlimited right to work in the UK.

Conversely, List B documents signify time-limited work rights, requiring follow-up checks by employers before the document’s expiry date. Let’s visually break down the key differences:

Feature

List A

List B

Right to work

Indefinite

Time-limited

Repeat checks required

No

Yes, before expiry of the document

Examples

British/Irish passport, Indefinite Leave to Remain

Visa with work restrictions, Certificate of Application

The Process of Right to Work Checks

The right to work checks are very important when hiring people in the UK. They help make sure that all workers can legally work. Employers must do these checks before someone starts working, not afterward.

This process usually means looking at original documents like passports, visas, or biometric residence permits. This helps confirm who the employee is and if they can work. Sometimes, employers may also use the Home Office’s online checking service for verification.

Employer Responsibilities in Right to Work Checks

Employers have a big job. They must check if all new employees can legally work in the UK before they start their job. This means making sure that each person has the right to work and that there are no limits on their work.

There are several ways to do these checks. If someone has a digital immigration status, employers can use the Employer Checking Service. This online tool helps employers confirm a person’s right to work using a share code the employee gives them. Another choice is to do a manual check. This requires the employee to show original documents in person, which the employer will then look at.

If employers are unsure about a person’s right to work or need to verify their documents further, they can ask for a Positive Verification Notice from the Home Office. Also, using an Identity Service Provider (IDSP) can make things easier. They can verify identity documents for the employer.

Employee Obligations During the Checking Process

The employer is responsible for doing right-to-work checks, but employees also have important duties in this process. First, employees need to give their employers correct and current documents for these checks.

For example, if an employee has their immigration status online, they must share their unique code with their employer. This code helps the employer check the employee’s work status through the Home Office’s website. Employees should also be ready to provide their National Insurance number, passport, visa, or other important documents when asked.

In addition, it is vital for workers to understand the rules about their right to work. If there are limits on the type of work they can do or how many hours they can work, they must tell their employer. This helps everyone follow UK immigration laws and rules.

Changes Following Brexit

After the UK left the European Union, new rules changed the right to work for people from the EU, EEA, and Switzerland. Now, these individuals must apply for the EU Settlement Scheme (EUSS) if they want to live and work in the UK.

The EUSS helps EU citizens and their family members who lived in the UK before the transition period ended. It gives them a chance to secure their rights to remain in the country. Those who apply successfully can get either settled or pre-settled status. This status allows them to live, work, and use public services in the UK.

Impact of Brexit on Right to Work in the UK

Brexit has changed the UK’s rules about the right to work. This is especially true for people from the EU, EEA, and Switzerland. Before Brexit, these individuals could freely live and work in the UK without rules to stop them. Now, the EU Settlement Scheme (EUSS) has changed this.

The EUSS is a process that EU, EEA, and Swiss citizens must apply for if they lived in the UK before Brexit ended. Those who are accepted get either settled or pre-settled status. Both statuses allow them to work in the UK. However, Irish citizens do not need to apply. They can still live and work in the UK because of the Common Travel Area agreement.

The Good Friday Agreement also keeps the right to work in both Northern Ireland and the Republic of Ireland safe. This means people can still move freely across the border. These updates highlight why both employers and employees should keep up with the latest work rules. It is important to know these rules so that everyone stays within the law and avoids problems.

Updated Guidelines for EU, EEA, and Swiss Citizens

For EU, EEA, and Swiss citizens, finding a job in the UK after Brexit needs a good understanding of the new work rules. The past freedom of moving around the EU is over; we now have new regulations.

These citizens must show their right to live and work in the UK through the EU Settlement Scheme (EUSS). To have a legal right to work, they must gain either settled or pre-settled status under this scheme.

This change marks a big shift, setting the UK apart from its EU partners. While the ideas behind Louis Blanc’s “right to work” may still connect with larger social and economic beliefs, the UK’s immigration rules now focus on limiting immigration. This new focus affects work rights for people who are not UK citizens.

Addressing Common Issues

Navigating the right to work in the UK can be challenging. This can cause confusion and legal problems for employees and employers. A common issue is when people are not sure about their right to work or the documents they need.

In these situations, it is a good idea to get professional help. Immigration lawyers or advisors who focus on UK employment law can provide clear advice for individuals. They can help with the correct paperwork and guide both employees and employers through the process to make sure they follow all rules.

What to Do If Your Right to Work Is Questioned

Discovering that your right to work in the UK is being checked can be very stressful. However, it is important to handle the situation quickly and calmly. First, find out the exact concerns. Is it about your current documents, their validity, or is it related to your National Insurance number?

Once you know what the issue is, collect all the important information. If it’s a document problem, gather everything you need. This includes your passport, visa (if you have one), biometric residence permit, National Insurance card, Certificate of Registration, or Application Registration Card. If the questions come from a past employer or a change in your immigration status, get records like previous work contracts, payslips, or any letters from the Home Office.

After your documents are sorted, reach out to your employer or the right authority to explain the situation. Being clear and communicating quickly will help you solve the problem and show that you can work legally in the UK.

Correcting Mistakes with the Home Office

Errors or mistakes about your right to work, especially with the Home Office, can be really stressful. They can also affect your job. It’s important to fix these errors quickly to avoid problems and keep your right to work legally.

The Home Office has different ways for you to correct mistakes. You can use online portals, phone lines, or send applications by post. First, find out what the specific error is. Is there a wrong date on your visa? Is your name misspelled on your passport card? Or is there a mistake in your record with the Home Office Employer Checking Service?

After you find the error, follow the right steps to correct it. You may need to send in any asked documents. This could include proof of your identity, your immigration status, or your work history. Keep in mind that while work may not be seen as a human right everywhere, having the right information and a way to fix problems is very important.

Conclusion

In conclusion, it is very important for both employers and employees to understand their right to work in the UK. This helps everyone follow legal rules. Having the right documents and sticking to the rules about checking the right to work is necessary. After Brexit, EU, EEA, and Swiss citizens should keep up with the new guidelines. It is also important to deal with common problems quickly and ask for help if someone questions your right to work. Stay informed and take action to handle the details of the right to work in the UK well.

Frequently Asked Questions

What documents do I need to prove my right to work in the UK?

To show you can work, you usually need to give your employer a valid passport. If you have a biometric residence permit, you need to show that too. You also need to provide proof of your National Insurance number. If you have indefinite leave to remain or right of abode, make sure you have the documents that show your status.

How has Brexit affected right to work checks for EU citizens?

EU citizens who lived in the UK before Brexit must apply to the EU Settlement Scheme (EUSS). This is necessary to stay and work legally in the UK. Once approved, they can show their right to work by sharing their online immigration status with employers using a share code.

About Cassidy Rush

Cassidy Rush is a writer and editor at Remitly with a focus on personal finance, immigration, and careers.