B L O G

If the employee is a British or Irish citizen:

A British or Irish passport is all that is needed to prove their identity, even if the passport has expired. 

If the employee doesn’t have a British or Irish passport, a valid passport from another country will suffice. The passport must however have a stamp on it saying the employee has the right of abode.

If the employee doesn’t have a passport, they will need to provide 2 different documents instead.

One document must be from either the government or their previous employer and must show the employees name and national insurance number. Examples of this type of document could be a previous payslip, P45 or P60. 

The second document required is a birth certificate or adoption certificate from the UK, Channel Islands, Isle of Man or Ireland. If the employee wasn’t born here, then a certificate of registration showing they became a British citizen will be required.

If the employee has pre-settled or settled status from the EU Settlement Scheme:

They will need to provide you with their share code online to prove their right to work. 

If the employee has indefinite leave to enter or remain:

They can prove their right to work in the UK by providing their valid passport which also must have a sticker or stamp from the Home Office saying there’s no time limit on their leave. They can also supply their share code online.

The employee can also show an immigration status document and one other document if they don’t have a passport or an online share code. Employees may have this document if they have got indefinite leave to remain before 2013 and either are a refugee or they don’t have a biometric permit yet. The immigration letter must have a sticker for a residence permit saying they have indefinite leave to remain. If the employee supplies you with their immigration status document as proof of their right to work, they must also supply another document showing their name and national insurance number. This will need to be a letter from the government or their previous employer and must show their name and national insurance number. 

If the employee is a Commonwealth citizen with right of abode:

The employee may be able to prove their right to work with an online share code. If they can’t do this, they can also provide a valid passport with a Home Office sticker saying they have the right of abode.

If the employee is an asylum seeker:

Most people applying for asylum do not have a right to work in the UK. 

If they do have a right to work, they will need to provide their ARC (application registration card) and a letter from the Home Office to say they are allowed to do the job they are applying for. You, as the employer, will also need to contact the Home Office to check they have the right to work.

If the employee has limited leave to remain:

This will apply to those that have a visa with a time limit e.g. a student, work or family visa. This could also apply to those with refugee status. 

These individuals can prove their right to work by showing their valid passport (with a stamp or sticker from the Home Office stating they can stay in the UK and what type of work they can do). They can also provide an online share code.

For any employers that know or have reasonable cause to believe that an employee does not have a right to work can face up to 5 years in prison and an unlimited fine. It is therefore extremely important that you carry out these checks and have right to work documents on file for every employee in your business. If you would like further information, you can visit the gov.uk website Citizens Advice or Acas.