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You can find the previous version of this guide at the National Archives, along with earlier versions
This guidance explains what employers must do to prevent illegal working in the UK by carrying out right to work checks on people before employing them to make sure they are allowed to work.
You should use it to find out:
what a right to work check is
why you need to do right to work checks
how to carry out checks
when to carry out initial checks, follow-up checks, and what happens under TUPE
what documents are acceptable for a manual right to work check
Check if someone can work in the UK using our quick answer tool.
If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.
The employer guidance collection includes all documents for employers on preventing illegal working.
Published 16 May 2014 Last updated 9 February 2024 +show all updates
Accessible version updated.
Guidance updated, changes are detailed on page 6.
Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use.
The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022.
Updated to the latest version of the guidance.
Updated information for employers carrying out right to work checks from 1 October.
Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks.
New Ukrainian nationals and right to work checks guide added.
Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide.
Added draft version of guidance which will come into force on 6 April 2022.
Added web version of the employer's guide.
Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification.
Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders.
Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process.
Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’.
Guidance updated with changes to the way EEA citizens evidence their right to work.
Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021).
Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021).
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process.
Updated to add 28 January 2019 edition
Attached updated guidance.
Updated guidance.
Updated guidance.
Updated guidance on right to work checks.
Updated guide
Updated right to work document
added link to new online employer checking service form
Your response may be “I am authorised to work in the UK.” However, it is important to note that the employer does have a right to ask whether you are legally entitled to work in the UK. Neither is it illegal for them to choose whether or not to select you based on your fluency in English.
In 1947, seven states approved right-to-work laws (Virginia, Tennessee, North Carolina, Georgia, Iowa, Texas and South Dakota) and all but one were put into place by state statute; in South Dakota voters approved a constitutional amendment.
The best way to do this is by looking at their profile page on sites like Facebook or LinkedIn and seeing if they list their current job title or employer name in their bio section.
The law on illegal working is not retrospective so employers don't have to conduct right-to-work checks on employees who have been continuously employed by the business since before 29 February 2008.
Yes, but only if the background check is done by a third party. In this case, FCRA rules apply requiring prior authorisation from the candidate or employee.
An employer can inquire if an applicant is legally eligible to work in the United States and inform the applicant that proof of his or her eligibility to work in the United States must be provided if selected for hire.
In the context of labor law in the United States, the term right-to-work laws refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to the costs of union representation.
Advocates argue these laws protect individual freedom in the workplace, promote effective unions, and bring economic growth. On the other hand, critics argue that right-to-work laws limit and undermine unions, decrease wages and benefits and compromise safety in the workplace.
Some hiring managers do it themselves, reaching out directly (typically via phone) to your current or previous employers to request official verification. Alternatively, employers may use professional background screening firms and/or an employment verification service such as The Work Number® from Equifax.
An SSN trace also doesn't provide comprehensive information about an applicant such education or employment history. It is therefore crucial that you conduct additional searches to verify the information reported by an applicant.
While responding to employment verification requests isn't always required, doing so can be an excellent way for your business to establish itself as a trustworthy and reputable company.
Employers must comply with state and federal laws when conducting criminal background checks. They must obtain written consent from job applicants, provide copies of the reports, and follow certain procedures to ensure accuracy.
If you're not sure if you have indefinite leave to remain
If you have indefinite leave to remain, you'll usually have one of these: a stamp or document in your passport. a letter from the Home Office. a residence permit with a biometric chip (known as a 'biometric residence permit')
The Employment Equality Acts 1998 to 2011 cover employees in both the public and private sectors as well as applicants for employment and training. The Acts outlaw discrimination in work-related areas such as pay, vocational training, access to employment, work experience and promotion.
We aren't planning to ask for citizenship status. We only want to confirm that the candidates can legally work in the United States. A Yes, you can ask a prospective employee if he or she has work authorization, but you must be careful not to collect any additional information.
You automatically have the right to work in the UK if: you're a British or Irish citizen. you have pre-settled or settled status from the EU Settlement Scheme - or you've applied and you're waiting for a decision. you have a family permit from the EU Settlement Scheme.
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