December 14, 2021

Right to work in the UK: Checklist and Acceptable Documents

What is a right to work check?

The goal of the right to work check process is to prevent working by individuals who are not legally permitted to undertake employment in the UK. The Home Office take the view that illegal working leads to vulnerable individuals being exploited and unscrupulous business behaviour, which is an unfair disadvantage to employers who act legally and honestly. Right to work checks must be completed regardless of the origin of the employee because assumptions about a person’s nationality and, hence, their legal right to work can be incorrect.

There are two ways to verify a person’s right to work:

By using the Home Office online right to work check service
By manually checking the documents provided to you by the individual (we discuss this in detail further down this article).
Online right to work check service

To assist employees and employers in carrying out the necessary right to work checks in a compliant manner, the Home Office provides an online employer checking service1. To use this service, the employee will first need to provide you with a ‘share code’, which gives you permission to see their right to work details. As an employer, you then enter the employee’s date of birth and share code. In return, you will then be able to see details of:

The types of work the individual is permitted to do
how long they are permitted to work in the UK (there may be no time constraint depending on their immigration status)
The Home Office will send you a Positive Verification Notice which will a) show that you checked their right to work status and b) that they have the right to work. This should then be filed as evidence that you have completed the correct process.

Penalties for not carrying out right to work checks

Where cases of illegal working are confirmed, the government will take action against the employer, potentially including:

A civil penalty of up to £20,000 per illegal worker;
In serious cases, a criminal conviction carrying a prison sentence of up to five years and an unlimited fine;
Closure of the business and a compliance order issued by the court;
Disqualification as a director;
Not being able to sponsor migrants;
Seizure of earnings made as a result of illegal working; and
Review and possible revocation of a licence in the alcohol and late-night refreshment sector and the private hire vehicle and taxi sector
As such, it is essential that all employers put in place a clear and repeatable process to make sure that the right to work is checked for all prospective and existing employees.

Who is eligible to work in the UK?

A person will be able to work in the UK if they are:

British citizen (this may have been from birth or acquired later in life through naturalisation)
An EU national with Pre-Settled Status or Settled Status
A person with Indefinite Leave to Remain (ILR) – those with ILR are not subject to any work limitations
A person with a valid visa that allows them to work in the UK. This may include a Skilled Worker visa, Global Talent visa, Temporary Worker visa, Student Visa, dependant of a visa holder or a range of other visa types. The conditions attached to each visa will determine if there are any restrictions, including the type of role if the person can change roles and the number of hours that can be worked.
Certain individuals cannot work in the UK, including those on a visit visa and those without valid immigration status.

Right to work checklist

As mentioned above, there are two methods to carry out a right to work check; manual or by using the online right to work checking service. To carry out a manual right to work check, you will need to follow 3 main steps:

Step 1: Obtain right to work documents

Step 2: Check right to work document

Step 3: Copy and retain a copy of right to work documents

Step 1: Obtain right to work documents

The first step in completing a manual right to work check is to ask for certain documents from your prospective employee. It is important to ask for the original documents, not copies. The documents acceptable to the Home Office are defined in three lists, List A and List B – Group 1 and Group 2.

List A

List A includes documents for people who have a permanent right to work in the UK. As such, once you have completed the right to work check process before employing the individual (i.e. the pre-employment check), you will not need to complete any follow-up right to work checks. You will have a ‘continuous statutory excuse’ while the employee is in your employment.

List B

List B is for those who have a temporary right to work. This is further split into Group 1 and Group 2 – these groups correspond to when you need to complete follow up right to work checks after the initial pre-employment check.

List B Group 1 documents provide a time-limited statutory excuse. This statutory excuse runs out when the employee’s right to work expires (i.e. when their work visa expires). Employers will need to ensure they carry out a further right to work check just before the employee’s permission expires.
List B Group 2 documents also provide a time-limited excuse, but for a fixed period of 6 months on the Positive Verification Notice. Employers will need to ensure they carry out a further right to work check just before the 6-month statutory excuse expires.
Step 2: Check the right to work documents

Once you have obtained the documents, you will then need to check that the person has the right to work, and that:

There is no evidence that the documents are fake or have been tampered with
The names on the documents are correct and consistent across all documents (bearing in mind it the person has changed their name through marriage or divorce)
That the photos match and are consistent across all documents provided
any dates, including the date of birth, are correct and are consistent across all documents provided
Whether there are any work restrictions (often stated on biometric residence permits)
Important Note: COVID-19 checking process ending 5th April 2022

During the COVID-19 pandemic, changes were made to how right to work documents are checked. This allowed documents to be sent in digital form and to be checked on a video conference call with the prospective employee. This temporary process will end on 5th April 2022, after which employers must revert back to the full document checking process.

Step 3: Copy and retain a copy of right to work document

Once you are satisfied, the documents are valid, and the person does have the legal right to work in the UK, you then need to make clear copies of each. The Home Office states that these need to be copied and stored in a way that means they cannot be altered – whether this is an electronic or hard copy. They also advise that documents must be stored for the length of the person’s employment and for two years after they leave your business (at which point the documents must be securely destroyed). The following must be copied and retained:

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).
All other documents: the document in full, including both sides of a Biometric Residence Permit, Application Registration Card and a Residence Card (biometric format).
Acceptable documents for right to work in the UK checks

As outlined above, employers must ensure the documents provided by employees are acceptable to the Home Office. The acceptable documents within each group are as follows (note: these are taken directly from the official Home Office guidance) 2 :

List A documents (permanent right to work and provides a continuous statutory excuse):

A passport (current or expired) 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.
A passport or passport card (current or expired) showing that the holder is a national of the Republic of Ireland.
A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
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.
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.
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.
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.
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.
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 Group 1 documents (for those with temporary work rights; these provide a time-limited statutory excuse lasting until the expiry date of leave):

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 document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
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.

List B Group 2 documents (for those with temporary work rights; these documents provide a statutory excuse for six months):

A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme) on or before 30th June 2021 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.
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.
A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix
EU to the immigration rules (known as the EU Settlement Scheme), on or after 1st July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.

December 9, 2021

Government refuses to relax asylum seeker right to work rules

The Home Office has knocked back campaigners arguing for a relaxation of the near-total ban on asylum seekers working while they wait for a decision on their claim. The Lift the Ban coalition had produced evidence showing that allowing destitute people to support themselves is good, not least for the Treasury. Officials took three years to respond (spun as a “comprehensive review”) and concluded that “the assumptions underpinning the recommendations are highly optimistic”.

In a written statement, junior minister Tom Pursglove said:

Having considered a wide range of available evidence the Home Office believes that a more realistic set of assumptions would present a more nuanced picture… a significant proportion of the fiscal benefits calculated by Lift the Ban are… unlikely to fully materialise…

The Home Office has therefore concluded that the fiscal benefits arising from a relaxation of the right to work policy are likely to be significantly lower than the figures claimed by Lift the Ban. In light of wider priorities to fix the broken asylum system, reduce pull factors to the UK, and ensure our policies do not encourage people to undercut the resident labour force, we are retaining our asylum seeker right to work policy with no further changes.

The average time taken to process an asylum claim last year was 15 months. People waiting for more than 12 months can apply for the right to work, but in shortage jobs only. The number of people given permission is unknown, as is the number who subsequently find employment.

November 26, 2021

What are Types of Visas Available in the UK for 2021 / 2022?

The UK, like many other countries around the world, has developed an immigration system to meet its economic, cultural, and societal needs. The range of visa routes available in the UK has evolved over the past few decades, with new schemes being introduced and old ones being retired. The main visa types remain broadly the same, however, allowing immigration for visitors, family members, for study, for work, to invest, and to set up business in the UK. In this article, we will explain the different types of visas available in the UK for 2021 and 2022.

Importance of checking if you need a visa

Not everyone needs a visa to come to the UK. This will depend on a mixture of factors, including your nationality, the type of visa, and how long you intend to spend in the UK. Furthermore, some visas, such as the Working Holiday Visa, are only available to nationals of certain countries. The best way to check if you need a visa to come to the UK is to use the Home Office’s ‘check if you need a visa’ webpage.

If you are still unsure if you need a visa, which route to use, or how or when to apply, speak to an immigration Solicitor based in the UK who will be able to explain the options available to you.

What are the main types of visas available in the UK?

There are several visa categories in the UK, some with a number of subtypes (e.g., family visas have several variants); these are as follows (please note this Iist is not exhaustive):

Standard Visitor visa

Depending on your nationality, you may need a visitor visa to visit the UK for any length of time. Nationals of some countries intending to come to the UK as a visitor only need a visa if spending more than six months here. The standard visitor visa is extremely flexible and will enable you to come to the UK:

as a tourist
to see your family or friends
to volunteer for up to 30 days with a registered charity
to pass through the UK to another country (‘in transit’)
for certain business activities, for example, attending a meeting or interview
to take part in a school exchange programme
to do a recreational course of up to 30 days, for example, a dance course
to study, do a placement or take an exam
as an academic, senior doctor or dentist
for private medical treatment.
If you are planning to come to the UK to get married (but not to live here), you will need to apply for a Marriage Visitor Visa.

Work visas

There are several sub-categories of work visa in the UK; the main ones being:

Skilled Worker visa – this is the most common work visa, which also provides a route to permanent residency after five continuous years. Applicants require a job with a sufficient skill level and salary with a licensed sponsoring employer.
Health and Care Worker visa – a fast-tracked visa for those with an eligible job in a health or care role in the UK with the NHS, an NHS supplier, or in adult social care. Applicants also need to meet the minimum salary requirements and meet the English language requirements. This route also provides a route to permanent residence.
Intra-company visas – this is designed to enable multi-national businesses to relocate staff based in one country to work in a branch office or subsidiary in the UK.
Minister of Religion visa (T2) – for those who have been offered a job within a faith community (for example, as a minister of religion, missionary, or member of a religious order) in the UK.
International Sportsperson visa – for elite sportspeople or qualified coaches who are endorsed by their sport’s governing body as being at the highest level of their profession internationally. Visas are granted for up to three years but can be extended further – after five years, it is possible to apply to settle in the UK permanently.
Temporary work visas – there are several temporary work visa types, including the Charity Worker visa, Creative Worker visa, Government Authorised Exchange visa, International Agreement visa, Religious Worker visa, Seasonal Worker visa, Youth Mobility Scheme visa, and the new Graduate visa. The Graduate visa is for international students who have recently graduated from a university in the UK and enables them to stay for a further two years to find work.
Investor visas

The UK remains an extremely attractive destination for international investors of all types. The investor visas available in the UK include:

Innovator visa – enables those with an innovative business plan to come to the UK to establish their business. Applicants must have a new, innovative, and viable business idea. In addition, they must be experienced in business and have at least £50,000 to invest in their venture.
Start-up visa – this is similar to the innovator visa, but it is geared towards those with strong potential rather than large amounts of experience. In addition, applicants under this route do not require investment funds.
Investor visa – for investors with more than £2m to invest in the UK. Successful applicants can apply for early settlement depending on the amount they invest, as follows:
apply to settle after two years if you invest £10 million
apply to settle after three years if you invest £5 million
apply to settle after five years if you invest £2 million
Study visas

Each year, educational establishments in the UK welcome thousands of international students at all levels, including schools (for those under 16), colleges, and universities. The main study visas are as follows:

Standard study visa – For those aged over 16 years who have been offered a place on an eligible course of study by a licensed student sponsor.
Applicants also require enough funds to support themselves while in the UK, and they need to be able to speak English to a sufficient standard. The English language requirement can be met by either passing a Secure English Language Test (SELT) from an approved provider or having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18. Those on a course which is at degree level or above must read, write, speak and understand English to CEFR level B2 or above; for those, a course which is below degree level required CEFR level B1.

Child study visa – The Child Student visa is for international students aged between 4 and 17 years old and who wish to study at an independent school in the UK. To make a successful application, students must have an unconditional offer of a place on a course at an independent school, be able to show they have access to sufficient money to support themselves in the UK and pay for their course and have evidence of the consent of their parent or guardian to study in the UK.
Short-term study visa – This visa is for international students who wish to study in the UK for between six and 11 months. Applicants must have an offer of a place on a course that is taught in the English language and is either an accredited institution or an eligible overseas provider (this only applies if you are studying in the UK as part of an overseas course).
Family visas

The family visa scheme in the UK is for those with family links to the UK. The main family visa types are as follows:

Spouse/Partner visa – this visa is for foreign nationals with a partner who is a British national or who has settled in the UK from another country. Applicants must either be married, in a civil partnership, or have been living together in a relationship for at least two years before applying. It is also possible to apply as a partner of an EU/EEA/Swiss national who started living in the UK before the 1st January 2021, or if your partner has a Turkish Businessperson visa or Turkish Worker visa, or they have refugee status or humanitarian protection in the UK. The eligibility criteria state that applicants must meet the English language requirement (at least CEFR level 1), have an income of at least £18,600 per year, and have adequate accommodation.
Parent visa – you can apply for a family parent visa for the UK if you are the parent of a child who is a British citizen, has settled in the UK, is from the EU/EEA/Switzerland and started living here before the end of 2020, or they have lived in the UK for seven years continuously, and it would not be reasonable for them to leave.
Child visa – for children with parents living in the UK who do not have indefinite leave to remain (ILR). Where parents already have ILR, the child may be able to apply for immediate settlement in the UK rather than apply for a child visa. This is a complex area of immigration law, and it is advisable that you speak to an immigration Solicitor before you apply for a child visa. In many cases, it may be that the child can be added to their parent’s visa application and do not need to apply separately.
Adult dependant relative visa – if you live outside the UK and you need to come to the UK to be cared for by a relative in the UK, you may be able to apply for an adult dependant relative visa. Applicants must require long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK. The UK based family member must be a UK citizen, have settled in the UK from another country, be an EU/EEA/Swiss national who was living in the UK before the end of 2020, or have refugee or humanitarian status in the UK. They must also be 18 years or over and prove:
they need long-term care to do every day personal and household tasks because of illness, disability or age,
not have access to the care required in their home country (either because it is not available or affordable),
the person with whom they will be staying is able to provide the support, accommodation and care needed without the applicant needing to seek public funds for at least five years
Family visa on the basis of private life – the last family visa type is for those who are already living in the UK and should be able to stay in the UK on the basis of their private life here. There are several ways to apply under this route, including for those who are:
under 18 and have resided lived in the UK continuously for at least seven years, and it would be unreasonable to expect them to leave the UK.
between 18 and 24 and have resided lived continuously in the UK for more than half of their life
18 or over, have spent less than 20 years in the UK and would have very significant problems living in the country they would have to go to
25 or over and have been residing in the UK continuously for 20 years.
Other visa types

There are other visa types available in the UK, including:

British National (Overseas) visa – for nationals of Hong Kong who are classed as a British national (overseas) and their family members. Successful applicants can live, work and study in the UK for up to five years and then apply for permanent settlement (ILR).
Ancestry visa – the ancestry visa is for Commonwealth citizens, British overseas citizens, British Overseas Territories citizens, British nationals (overseas), and citizens of Zimbabwe who have at least one grandparent who was born in the UK the Channel Islands or the Isle of Man. This visa is granted for up to five years, after which it is possible to apply for permanent settlement (ILR).

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