A United States passport, passport card or a foreign passport containing a work authorization stamp or visa can all be used to establish both identity and the right to work. Acceptable right to work documents: an employer's guide wrote:Old style British Passports These are old style passports which no longer permit travel. A right to work checks of the employee's original documents must be completed before work commences.It is generally recommended that employers carry out the check at the interview stage to ensure the employer has checked and retained copies of a worker's original document and are satisfied they can work legally in the UK. An out of date passport is not acceptable. In May 2014, the government amended the regulations governing right to work (‘RTW’) checks in the UK. In the UK we have to have verified proof that someone has the right to work in the UK - even if they are British. Q15 Do all documents for right to work checks have to be current? Q15 Do all documents for right to work checks have to be current? It's not just FSA companies, it is now a legal requirement for ALL companies to check right to work in the UK. According to the UK Visas and Immigration Enforcement Agency’s quarterly reports, there were 3,089 civil penalties issued to employers for hiring illegal workers in 2016, generating fines of £50 million – a pretty nice income for the Home Office. ☐ A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. Why UK right to work checks are important. Documents which show ongoing entitlement to work in the UK. Passport or passport card plus the visa inside your current passport (cannot be expired) Biometric Residence Permit - both sides (cannot be expired) Since this date, in order to establish a statutory excuse (a defence against a potential illegal working penalty), endorsements, including those for Indefinite Leave to Remain (‘ILR’), are required to be in current passports. Subject’, ‘British Overseas Citizen’, etc.) This website uses cookies to improve your experience. However, if a person does not have a current passport then you can accept evidence of their right to work in the UK in an expired passport or travel document. 3. A List B document will be required. EU, EEA or Swiss nationals Bring your passport or national identity card. a manual right to work check List A 1. Documents which demonstrate entitlement to work in the UK • An expired or current passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK [please see note below about which sections of the passport to copy]. Procedure for undertaking right to work checks Step 1: Obtain the document Note: For new starters of EU/EEA/Swiss nationals from 1 January until 30 June 2021, you can continue to accept only a passport or ID card as proof of right to work. If you have limited leave in the UK, a document from List B would be acceptable. 13. Passport or passport card (can be expired) National Identity card (can be expired). A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. Non-EU nationals Bring your current passport, plus your current Biometric Residence Permit. in the UK, or has ‘no time limit’ on their stay in the UK. However, you must prove your claim by production of either: • a UK passport describing you as a British citizen or a British subject with the right of abode, or • a certificate of entitlement to the right of abode in the UK issued by or on behalf By submitting, you agree to our Privacy Policy. Employers Guidance wrote:All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. As an emergency measure during the COVID-19 crisis, the Home Office has relaxed some of the requirements on employers to comply with the Right to Work regulations. If you have a question about any aspect of Right to Work checks and avoiding Home Office penalties, including the practical implications of the coronavirus adjusted Right to Work checks, contact us. List B employees present additional risk for employers given the time-limited nature of their work permission, and the implications of hiring an employee whose permission to work has expired. Procedure for undertaking right to work checks Step 1: Obtain the document Note: For new starters of EU/EEA/Swiss nationals from 1 January until 30 June 2021, you can continue to accept only a passport or ID card as proof of right to work. If your browser settings permit, we have placed cookies on your computer for analytics and other site-improvement purposes. For right to work checks, there are a small number of exceptions to the valid and current rule. If it is in an expired passport, it must be transferred to a current passport. Right to work checks have been temporarily adjusted due to coronavirus (COVID-19). Practical, up to date guidance on the employment, HR & immigration issues of the coronavirus outbreak. These cookies will be stored in your browser only with your consent. However, if a person does not have one then you can accept evidence of their right to remain and work in the UK in an expired passport or travel document. Can we accept a passport that has expired for a right to work check? a manual right to work check List A 1. For example, if you’ve copied a valid British passport, you don’t need to copy their driving licence as well. Documents which demonstrate entitlement to work in the UK • An expired or current passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK [please see note below about which sections of the passport to copy]. A Work Permits UK issued work permit or other approval to take employment. 3,089 civil penalties issued in 2016. An out of date passport is not acceptable. Failure to perform Right to Work checks correctly could result in unwanted Home Office scrutiny and serious ramifications, including: By carrying out Right to Work document checks correctly employers should be able to rely on a statutory defence against alleged breaches of duties, where they can demonstrate they have taken consistent and compliant measures to ensure they are only hiring individuals with permission to work in the UK. A P45 or P60 are acceptable, or a full birth certificate issued in the UK… As of … A List B document will be required. A Right to Work is a legal requirement for anybody wishing to work in the United Kingdom. Q17 Why does an ILR stamp have to be in a current passport? DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. The changes deal specifically with the duty to verify workers’ ID in person. Q17 Why does an ILR stamp have to be in a current passport? If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK. List A: Documents which show an ongoing right to work Any of the documents, or combination of documents, described in List A below show that the holder has an ongoing right to work in the UK. Also check that the dates for right to work in the UK haven’t expired, that the photos are the same across all documents and look like the individual, that the dates of birth are the same across all documents and the individual has permission to do the type of work you’re offering (including any limit on the number of hours they can work). However some circumstances require the passport to be current. Singling out certain classes of individual could equate to discrimination. A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous immigration … Read more about this and other questions in our. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to … Can an expired passport be used to evidence Right to Work? Right to Work Checks: Guidance for Employers. AND one of the following documents: A passport or other travel document showing the holder is able to stay in the UK. 17 December 2014. For employees who are UK passport holders, you must copy and retain the details page of their passport as proof of lawful right to work in the UK. Why UK right to work checks are important. A passport showing that the holder is a British citizen, or has the right of abode in the United Kingdom. What if the UK passport has expired and no replacement is available? For example, if the passport contains evidence that the individual has obtained Indefinite Leave to Remain or if the passport includes an endorsement confirming the right to work. Other countries also have Right to Work regulations, but we’ll only be covering the UK. Documents in the alphabetic order of the three-letter country and region codes used in travel documents. A document showing that the holder is a national of a European Economic Area country* or Switzerland. Subject’, ‘British Overseas Citizen’, etc.) Passport or passport card (can be expired) National Identity card (can be expired). Many companies want proof that you have the right to work in the UK, passport is one of the pieces you can use as evidence. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”. If this document is in a passport, it must be a current passport. A right to work checks of the employee's original documents must be completed before work commences.It is generally recommended that employers carry out the check at the interview stage to ensure the employer has checked and retained copies of a worker's original document and are satisfied they can work legally in the UK. Valid national passport or identity card; or For example, if the passport contains evidence that the individual has obtained Indefinite Leave to Remain or if the passport includes an endorsement confirming the right to work. These exceptions include a UK/European Economic Area (EEA) passport and an EEA national identity card, please consult the UK Visas and Immigration employer’s guide on the gov.uk website for further information if you are unsure what can … This category only includes cookies that ensures basic functionalities and security features of the website. Can an expired passport be used to evidence Right to Work. If this document is in a passport, it must be a current passport. Updated guidance on right to work checks. Q. In some circumstances yes. For example, if the passport is being used to show that the individual is a British or European citizen, the passport does … Diarising regular checks for List B employees for example. Necessary cookies are absolutely essential for the website to function properly. Can an expired passport be used to evidence Right to Work? Alongside the usual documents, employers must also retain for this group: Positive Verification Note issued by UKVI alone or with: Certificate of Application to a non-EEA family member or EEA national / Switzerland that is less than 6 months old or; Application Registration Card permitting employment in question. a passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies and have the right of abode in the United Kingdom; a passport or national identity card showing that you are a national of the European Economic Area or Switzerland your passport or national identity card If you’re an EU, EEA, or Swiss citizen, you can continue to use your passport or national identity card to prove you can work in … It is crucial that you carefully check the stamp or endorsement in the document to make sure that it allows them to be in the UK and carry out the work in question for the University. Passport or passport card plus the visa inside your current passport (cannot be expired) Biometric Residence Permit - both sides (cannot be expired) List A: Documents which show an ongoing right to work Any of the documents, or combination of documents, described in List A below show that the holder has an ongoing right to work in the UK. There are a lot of other documents though. But opting out of some of these cookies may have an effect on your browsing experience. If it is in an expired passport, it must be transferred to a current passport. In order to constitute a valid Right to Work check and ensure a statutory defence for your organisation, you must hold on file a copy of their immigration status document with photo to show that the employee has the correct leave and can do the work in question. Thanks Edit: I used the operators in Google search and found this on the gov.uk website and it says expired passports are ok. DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working. Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport? You should ensure that the document photograph is consistent with the physically appearance of your employee or prospective employee. Minimising the risk of illegal working; Documentation acceptable as proof of right to work in the UK – indefinite right to work in the UK (list A) Documentation acceptable as proof of right to work in the UK – limited right to work in the UK (list B) 2. You need to make sure that you or your staff are only collecting the documents and data that is required to satisfy the Right to Work regulation. Therefore you … Read more about this and other questions in our Home > Can an expired passport be used to evidence Right to Work? Specific documents must been seen, and a copy kept, to verify the right to work.
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