What steps must an employer take to ensure that a job applicant has the right to work in the UK?
Prior to allowing a job applicant to start work, the employer should request that the job applicant produce original documentary evidence indicating that they have the right to work in the UK, check that the documentation appears to relate to the job applicant and keep a copy of it for the duration of the person's employment and for two years after the termination of employment.
The Home Office produces lists of acceptable documents for the purposes of checking an individual's right to work in the UK. See:
- Documentation acceptable as proof of right to work in the UK - indefinite right to work in the UK (list A); and
- Documentation acceptable as proof of right to work in the UK - limited right to work in the UK (list B).
Alternatively, an employer can use the Home Office online right to work checking service to confirm the applicant's right to do the work in question. The employer will be able to conduct an online check only where the applicant:
- has a biometric residence permit number;
- has a biometric residence card number; or
- has been granted settled status under the EU settlement scheme.