Right to Work

How to comply 1 – what it looks like in practice

Establishing the Statutory Excuse

Step 1 – Providing Original Documents

The applicant must provide original identity document(s) as specified in List A or List B in the “Comprehensive Guidance for Employers on Preventing Illegal Working”.

Documents from List A are used if the applicant has no restrictions on their stay in the UK or from List B if the applicant’s leave to enter or remain in the UK is time-limited.

No other documents other than those specified, in the combination specified, provide the statutory excuse.

British Citizens

The following are the List A documents that provide an ongoing statutory excuse:

 

  • A passport
  • A P45, P60, NI card or government letter showing a permanent National Insurance Number plus either:
    * A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents
    * A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents
    * A birth certificate issued in the Channel Islands, the Isle of Man or Ireland
    * An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland.
    * A certificate of registration or naturalisation as a British citizen.


EEA Nationals and Switzerland

The following are the List A documents that provide an ongoing statutory excuse:

  • A passport showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.
  • A national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.
  • A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the UK Border Agency to a national of a European Economic Area country or Switzerland.
  • A permanent residence card issued by the Home Office or the UK Border Agency to the family member of a national of a European Economic Area country or Switzerland.

A2 EEA countries that need additional authority to work

If you want to employ Bulgarian and Romanian workers to do seasonal work in the agricultural sector, you can recruit them through the Seasonal Agricultural Workers Scheme

If you want to employ Bulgarian and Romanian workers to do any other type of work, you must follow the 3 steps below.

1. Check whether the worker needs an accession worker card - A Bulgarian or Romanian national must obtain an accession worker card before they can work for you in the UK, unless they are exempt from the need to obtain a card.

2. Apply for a work permit (if necessary) - If the Bulgarian or Romanian national requires an accession worker card, you may need to obtain a work permit for them before they can apply for that card.

3. Wait for the worker to obtain their accession worker card (if necessary) - You should not employ the worker until they have received their accession worker card from the UKBA.

Non-EEA Nationals

The following are the List A documents that provide an ongoing statutory excuse:

  • A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom.
  • A passport or other travel document (which must be current and in date) endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.
  • A P45, P60, NI card or government letter showing a permanent National Insurance Number plus either:
    * A letter issued by the Home Office or the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United.
    * An Immigration Status Document issued by the Home Office or the UK Border Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom.

The following are the List B documents which provide the statutory excuse for up to 12 months:

  • A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question for a limited period.
  • A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question for a limited period.
  • A work permit or other approval to take employment issued by the Home Office or the UK Border Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office or the UK Border Agency to the holder or the employer or prospective employer confirming the same.
  • A residence card or document issued by the Home Office or the UK Border Agency to a family member of a national of a European Economic Area country or Switzerland.
  • Either of the following when supported with evidence of verification by the UK Border Agency Employer Checking Service
    * An Application Registration Card issued by the Home Office or the UK Border Agency stating that the holder is permitted to take employment,
    * A certificate of application issued by the Home Office or the UK Border Agency to or for 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.
  • A P45, P60, NI card or government letter showing a permanent National Insurance Number plus either:
    * An Immigration Status Document issued by the Home Office or the UK Border Agency to the holder with an endorsement Indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question for a limited period.
    *A letter issued by the Home Office or the UK Border Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question for a limited period.

 

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