Prove Your Right to Work in the UK

What is Right To Work in UK law?

Proving your Right To Work in the UK is the initial step towards getting employed there. You can provide proof to your employer by showing them your British or Irish passport (valid or expired), a valid visa that allows you to work, or other official document.

You can use a valid passport from another country if you aren’t a British or Irish passport holder. Even so, your foreign passport must have a stamp or sticker indicating your right of abode.

What Documents Prove Right to Work in UK?

As an employee, you must show certain documents to your employer, which must be original and genuine. They include the following:

• A current or expired passport showing citizenship in the UK, Britain, or the right of abode holding colonies.
• A current or expired passport or passport card showing your Irish citizenship.
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man. It must be verified by the Home Office Employer Checking Service to prove your unlimited leave to enter or remain under Appendix EU to the specific country’s Immigration Rules. You will generally receive a positive verification notice of your success.
• A current passport endorsed to show your exemption from immigration control, indefinite stay in the UK, right of abode, or unlimited stay duration in the country.
• A valid share code
• Valid immigration documents, such as an immigration status document, an application registration card or a passport with an endorsement stamp in it
• A current Immigration Status Document from the Home Office with an endorsement shows you can stay indefinitely in the UK or have no stay time limit. The document is used with an official document issued by your previous employer or a government agency, giving you permanent national insurance and your name.
• A current Immigration Status Document from the Home Office to a UK birth or adoption certificate. The document is used with an official document issued by your previous employer or a government agency giving you permanent National Insurance and your name.
• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland. The document is used with an official document issued by your previous employer or a government agency giving your permanent National Insurance and your name.

A certificate of registration or naturalisation as a British citizen, together with an official document issued by your previous employer or a government agency giving your permanent National Insurance and your name.

How to Prove My Right to Work in the UK?

Depending on your immigration status (leave), you can prove your right to work in the UK. If you have the right to work in the country, you may be eligible to apply for a job.

You can’t use a current Biometric Immigration Document (biometric residence permit) to prove your right to work.

Below are the circumstances under which you automatically have the right to work in the UK:

• Being a British or Irish citizen
• Having pre-settled or settled status from the EU Settlement Scheme
• Possessing a family permit from the EU Settlement Scheme
• Having indefinite leave to enter or remain in the UK
• Having the right of abode in the UK
• Being an asylum seeker
• Being a Commonwealth citizen with the right to abode

Let’s see how you can prove your right to work in the above cases.

Being British and Irish Citizens

You can prove your British or Irish citizenship by providing the country’s passport, even if it’s expired.

Alternatively, you can use a passport from another country if you don’t have a British or Irish passport. However, the passport must be stamped or have a sticker indicating your right of abode.

What if you don’t have either of the passports?

You must show your employer two documents if you don’t have a British, Irish, or country of origin passport.

Document 1: One bearing your name and National Insurance number. Such a document can be a tax document like a P45 or a letter from the Department for Work and Pensions (DWP).

Document 2: It should be either of the following:

• Certificate of naturalisation or registration (if you became a British citizen by application).
• Birth or adoption certificate (if it’s from a court or register office in the UK, Channel Islands, Isle of Man or Ireland).

Having Pre-Settled or Settled Status from the EU Settlement Scheme

If you have pre-settled or settled status from the EU settlement scheme, you prove your right to work in the UK by showing your online immigration status with an online share code.

The employer shouldn’t ask for proof again if you proved your right to work before 1 July 2021. Nonetheless, they may do so if it’s a requirement for all their employees.

Possessing a Family Permit From EU Settlement Scheme

After applying to the EU Settlement Scheme, you can work and live in the UK while waiting for the decision.  Therefore, you can prove your right to work in the country using your:

• Passport or National Identity card
• EU Settlement Scheme application certificate (your certificate might have been emailed when you applied or be in your online account).

If your certificate is in your online account, you can obtain a share code on the UK government website. Your employer confirms your right to work in the UK using the Employer Checking Service. Many checks are completed online using identity document validation technology, generally from an identity service provider.

Having Indefinite Leave to Enter or Remain in the UK

You can prove your right to work in the UK if you have indefinite leave to enter or remain in the UK by showing your employer the following:

• A valid passport with a stamp or sticker from the Home Office indicating unlimited time on your leave.
• An online share code.

If you have an immigration status document, you can use it together with one other document. It’s an ideal alternative if you don’t have an online share code or a passport.

Getting a right to work share code

If you’re not a British or Irish citizen, you can prove your right to work in the UK by obtaining a share code to give to your prospective employer.

This code will need to be inputted into the gov.uk website, where it will then confirm your personal identity and eligibility to work in the UK.

To obtain a code, you must have both:

• A biometric residence card or permit, and
• A UK Visas and Immigration (UKVI) account

You can apply for a share code online via the gov.uk website. To do so, you will need one of the following:

• Your biometric residence permit number
• Your biometric residence card number
• Your passport or national identity card

How do you obtain an immigration status document?

You could obtain an immigration status document if you got indefinite leave to remain before 2013 and you:

• Don’t have a biometric residence permit
• Are a refugee

The document must have a resident permit sticker as proof that you have an indefinite leave to remain.

The second document should show your name and National Insurance number. It must be from your previous employer or the government.

Being an Asylum Seeker

Check your application registration card (ARC) from the Home Office to see your right-to-work status. If it states ‘work permitted’, you have the right to work in the UK.

Sometimes, you can only do certain job types, such as shortage occupations. In such a case, your ARC reads ‘SOL.’

To prove your right to work in the job you’re applying for, you must provide either of the following:

• Your ARC
• A letter from the Home Office saying you have the legal right to work in that capacity.

You can prove your right to work using your social security card for the shortage occupation option.

Being a Commonwealth Citizen with the Right to Abode

By obtaining a share code online, you can prove your right to work in the UK as a commonwealth citizen with the right of abode.

Alternatively, if you can’t prove your rights online, you can show your employer a valid passport. However, your passport must have a Home Office sticker stating you have the right of abode.

If you aren’t sure about your right to work in the UK under any circumstances, IAS is here to assist you. Our professional lawyers will advise you accordingly.

Does a UK Citizen Need to Prove the Right to Work?

A UK citizen needs to prove their right to work to start working. Hence, you can do so online or show certain documents to your employer. The documents must be:

• Valid (with the exemption of the British or Irish passport).
• Original (copies not accepted).

You can prove your right to work if you have applied to extend your leave before your document expires.  However, depending on your kind of leave, you might need an additional document or ask your employer to contact the Home Office Employer Checking Service (ECS).

Applying to the EU Settlement Scheme (EUSS)

You have up to 6 months to work while you wait for the decision on your new status application. The home office will issue you a Certificate of Application indicating you can work. The office can send the certificate via email, post, or online.

You can obtain a share code to prove your right to work if you have the online version.

On the other hand, if the office sends the Certificate of Application by email or post, you only need to show the document to your employer. In this case, your employer must contact the Home office to confirm your right to work.

Applying to Extend Another Type of Leave

When applying to extend another type of leave, your employer must check if:

• You have the right to work.
• The Home Office has received your application to extend your leave.

Your employer will use the Home Office Employer Checking Service on GOV.UK to confirm your status.

If your leave expires when during your employment, your employer must confirm your right to work with the Home Office within 28 days. If the office doesn’t confirm it, your employer can dismiss you.

Your Employer’s Contact to the Home Office

Your employer will contact the Home Office after 14 days or more since your application date. That gives the application time to show up on the system, as it doesn’t happen immediately.

Therefore, you must tell your employer when you applied for a leave extension so that they know the appropriate time to contact the Home Office.  In this case, use a letter or email showing your application date.

Moreover, if the office asks for your biometric residence card, your extension application might only be reflected in their system once you have the appointment. Therefore, you must inform your employer you have an appointment with the office. You’ll be allowed to work as you wait for it.

What to Do if the Home Office Takes more than 28 Days to Confirm Your Right to Work

Taking too long exposes you to the risk of losing your job. Hence, you can complain to the office on the UK government’s website.

Alternatively, you can contact your local MP on the Parliament website. They’ll find the cause of the delay, which might help speed up the process.

Ensure that you provide sufficient information to your MP so that they can trace your application. For instance, you can provide evidence indicating the date of your application.

If you need assistance presenting your complaint(s) to the Home office or MP, IAS is your reliable adviser.

What happens if I work in the UK without the Right to Work?

If you are found to be working without the right to work, you could be categorised as an illegal worker. Existing employees and UK employers could be liable for prosecution or fines if your right to work in the UK cannot be proven with a positive verification notice and the correct documents. This could lead to deportation from UK immigration and harm your entry to the UK in the future.

You must have Right to Work in the UK, as well as supporting documentation allowing you to work in the UK, such as a Global Talent Visa, Skilled Worker Visa, Spouse Visa or Settled Status. Speak to an immigration expert for more information on visa routes for work in the UK.

If you hope to gain citizenship in the future, failure to comply could also affect you gaining a British passport. Failure to leave the country before the expiry date on your visa could also result in deportation. 

How can IAS Help

Proving your right to work in the UK is a vital and mandatory requirement for you to work in the country. Failure to meet the conditions can lead to dismissal or withdrawal of your job offer.

If proving your right to work becomes challenging, you don’t have to give up or strain alone. IAS is here to help you or your business through the work check, to tackle UK immigration law, and obtain Right to Work status for you or your employee.

Our immigration specialists will offer you legal advice and walk with you every step of the way until you achieve your goal. They’ll help you obtain all the necessary documents and show you how to prove your right to work under specific circumstances.

Also, our lawyers will assist you if you’d like to extend your leave. They’ll help you present your complaints to the Home office or your local MP in case of a delay.

For more information about our services and how we help in your situation, contact us at +44 (0)333 414 9244. We’re here to help you in person, via phone, or online.