Every employer in the UK must ensure the right to work check for their workers. This is a strict obligation and a part of their Sponsor licence duties as laid down in the guidance for sponsor licence.
This also prevents illegal working and bringing in workers unlawfully.
Who can work in the UK?
You can freely work in the UK without any restriction if you have British Citizenship. However if you are a foreign national you need to prove your immigration status and pass the right to work check to start working for a UK employer.
If you possess the Indefinite Leave to Remain then you are considered to be a settled person in the UK and you can choose to work anywhere in the UK without the restriction by the UK visa and immigration.
Also, the employee or skilled workers must provide all the relevant documents to their UK employer who is sponsoring the worker for the right to work checks.
The employers must conduct all the right to work checks for the worker before joining the job role to prevent illegal workers within the UK border. The Right to work checks must be performed without any gender biases or descrimination.
What is the Employer’s checking service?
The Employer’s checking service by the UK visa and immigration that allows them to access the information and details of the workers through a dedicated online website. This can be used for Right to work checks under the circumstances when the manual right to work checks are becoming ineffective. The employers are able to access the workers Biometric residence permit where all their information, photograph and fingerprints are there and the current immigration status, whether the person is a settled or unsettled in the UK.
You may also gain access to the online service to check an employee’s immigration status under any of the following circumstances:
- When the employee does not or cannot show you their documents because of an ongoing appeal process, review on their application with the UK visa and immigration
- The worker has a Certificate of Application is less than 6 months old, not current
- The worker has an Application Registration Card to showcase
- The worker is a Commonwealth citizen who moved to and started living in the UK before the year 1988
What are the documents required?
There are various lists in which the documents can be covered.
- A current and valid passport of the worker and any dependent traveling with them
- A current and valid passport of the worker and any dependent traveling with them if they are from European Economic Area(EEA)
- The registration document issued by the U visa and immigration.
- A current Biometrics residence Permit issued by the UK visa and immigration.
- Your current immigration status, whether you hold Indefinite Leave to Remain or not.
List B- Group 1
This group has limited documents excuse until the leave to remain in the UK expires
- A valid passport signifying that you can stay in the UK
- A valid Biometric residence permit issued by the UK visa and immigration that allows you to stay in the UK
- A valid Immigration Status document that has a photograph issued by UK visa and immigration Office to the visa seeker with a valid endorsement stamp indicating that the mentioned person can stay in the UK
List B- Group 2
This list has documents that tend to expire in less than 6 months
- A certificate of application issued by the UK visa and Immigration under EEA which expire within 6 months
- An Application registration card issued by the UK visa and immigration stating that the visa seeker is allowed to take the employment in question.
- The positive verification notice issued by UK visa and immigration that allows the person to work in the UK.
Take legal support
You must seek expert immigration advice to conduct the Right to work checks or seek a sponsor licence or are very new to hiring and sponsoring overseas skilled staff. A Y & J Solicitors have helped over 4000 clients with a successful sponsor licence application with their bespoke services.