Right to Work

What you must do - Law

Right to work

British citizens and EEA nationals (except for A2 nationals) - are not subject to immigration control in the UK, and can be employed without restriction.

Nationals of Bulgaria and Romania (A2 nationals) - have full right of access to the UK but are subject to separate work authorisation requirements. These restrictions will continue until 31 December 2011, and under EU law may be extended until 31 December 2013. 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 step process. Bogus self-employment should not be used as a means to engage Bulgarian and Romanian workers.

Non EEA nationals must be entitled to undertake the work in question by having been granted current leave to enter or remain in the United Kingdom and by not being subject to any condition preventing them from accepting the employment.

Foreign students who are able to enter and reside in the UK under Tier 4 of the points-based system are subject to restrictions on the amount of hours that they can work during term time depending on their course.

An asylum seeker does not have an automatic right to work and may only be lawfully employed if the UK Border Agency has lifted restrictions on their taking employment. If the asylum seeker is permitted to work they will hold a Home Office issued Application Registration Card (ARC). The ARC will state ‘allowed to work’ or ‘employment permitted’ on both sides of their card. You must confirm its authenticity with the Employer Checking Service.

Individuals with Refugee Status or Humanitarian Protection - An asylum seeker whose claim is successful is granted refugee status. Refugees are foreign nationals whom the UK Border Agency has permitted to remain in the UK because they have demonstrated a well-founded fear of persecution for one of the reasons listed in the 1951 Geneva Convention. Where a person does not qualify for protection under the 1951 Geneva Convention but there are substantial grounds for believing that there is a real risk that if they were removed to their country of origin they would face serious harm, humanitarian protection is granted instead. Most refugees or people with humanitarian protection can demonstrate their status and therefore their right to work with appropriate documents.

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