- What Documents Prove the Right to Work?
- How Can I Prove My Right to Work in the UK?
- Does a UK Citizen Need to Prove the Right to Work?
- Applying to the EU Settlement Scheme (EUSS)
- Applying to Extend Another Type of Leave
- Your Employer’s Contact to the Home Office
- What to Do if the Home Office Takes more than 28 Days to Confirm Your Right to Work
- How Can IAS Help?
Proving your right to work in the UK is the initial step towards getting employed in the country. You provide proof to your employer by showing them your British or Irish passport (valid or expired).
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 the Right to Work?
You must show certain documents to your employer, which must be original and genuine. They include the following:
- A current or expired passport showing your 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.
- 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 current Immigration Status Document from the Home Office with an endorsement showing you’re permitted to stay indefinitely in the UK or have no stay time limit. The document is used together with an official document issued by your previous employer or a government agency giving your 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 together with an official document issued by your previous employer or a government agency giving your 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 together 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.
You can prove your right to work in the UK depending on immigration status (leave). You may be eligible to apply for a job if you have the right to work in the country.
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 each of the above cases.
Being a British or Irish Citizen
You can prove your British or Irish citizenship by providing the country’s passport, even if it’s expired.
Alternatively, you can use another country’s passport 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?
If you don’t have a British, Irish, or country of origin passport, you must show your employer two different documents.
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
You prove your right to work in the UK by getting an online share code if you have pre-settled or settled status from the EU settlement scheme.
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 the EU Settlement Scheme
After applying to the EU Settlement Scheme, you can work and live in the UK as you wait 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).
You can obtain a share code on the UK government website if your certificate is in your online account. Your employer confirms your right to work using the Employer Checking Service.
Having Indefinite Leave to Enter or Remain in the UK
You can prove your right to work 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.
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 are only allowed to 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 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, you can show your employer a valid passport if you can’t prove your right online. 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 of the 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?
Yes, 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, you might need an additional document or ask your employer to contact the Home Office Employer Checking Service (ECS), depending on your kind of leave.
Applying to the EU Settlement Scheme (EUSS)
You have up to 6 months to work as you wait for your new status application’s decision. The home office will issue you a Certificate of Application indicating that you’re permitted to 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 you’re employed, 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 biometrics, your extension application might only reflect on their system once you have the appointment. For that reason, you need to 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 and might help speed up the process.
Ensure that you provide sufficient information to your MP to 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.
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 it up or strain alone. IAS is here for your rescue to ensure you obtain the status.
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 0333 305 9375. We’re here to help you in person, via phone, or online.
Last modified on January 6th, 2023 at 5:22 pm
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