The Ministry of the Interior will issue you with an application certificate stating that you can work for 6 months pending a decision on your status. You can send your application certificate to yourself by mail, email, or an online version. You can check your Application Registration Card (CRA) at the home office – if it says “Authorized Work”, it means you are authorized to work. The potential employee must be named as a British citizen, and you should also apply for a government document that includes their social security number and name. The consequences of employing illegal workers are serious and costly. Avoiding the controls and sanctions of the Ministry of the Interior justifies the efforts and investments to ensure the continued respect of your immigration and the prevention of illegal work obligations. Regardless of a person`s nationality, race or immigration status, they must provide a potential employer with evidence confirming their right to work. This includes UK citizens and EU citizens. Group 1 You have a legal excuse limited in time which expires when the person`s permission to reside in the UK expires. You must complete a follow-up check when the document proving your work permit expires. You should check if you can prove your right to another job – if not, you will have to apply for a replacement document. You should check if a candidate is allowed to work for you in the UK before you hire them.
You may have restrictions on the type of work or work you can do, or the number of hours you can work. Employers can now use the online verification service as the only method of verifying an employee`s authorization to work when the person has: Your employer may ask for your Social Security number if you prove your right to work. You can get a social security number if you are eligible to work in the UK and one of the following applies: Check that the documents are valid when the applicant is present. However, permanent residents are not subject to immigration or work restrictions in the UK. Employers are usually given the following documents when carrying out manual employment law checks to prove their eligibility to work in the UK. These should be in their original form. It is important to ensure that all documents provided match the appropriate list. Each application you submit to us will be evaluated based on criteria based on the knowledge, skills and experience required for the particular position. You will not be treated worse than another applicant because of your national origin. However, any offer of employment we make to you is subject to your authorisation to work in the UK. By law, you cannot work for us until you can prove that this permission has been granted.
Non-UK residents must apply to the Home Office for permission to work in the UK, usually under a visa or other work immigration route. Common work permits include the Skilled Worker Visa, Health and Care Worker Visa, T5 Visa, and Global Talent Visa. Different visas allow for different types of work and each has its own admission requirements that the applicant must prove. We also provide training to HR, managers and those responsible for onboarding new employees to ensure a consistent approach to the execution of your tasks. Non-UK residents must ensure that they have a valid immigration status that allows them to work. This means that you must apply for a visa at the Ministry of the Interior. You cannot employ someone until they have permission to work. A person has the right to work in the UK if they are a British citizen or have valid permanent status in the UK. For non-UK residents, the right to work depends on their immigration status and the restrictions imposed on them by the granting of their leave.
Penalties for employing illegal workers and for failing to properly verify eligibility to work in the UK can be severe, including a substantial fine for any worker illegally employed by our organisation. If it turns out that you employed someone who you know was not allowed to work in the UK, or if you had reason to believe that this was not the case, you can be sent to prison for five years and forced to pay an unlimited fine. You may be able to prove your right to work online or provide certain documents to your employer. Any document you present to your employer must: If you are offered a job at university and intend to apply for permission to work in the UK, you must first obtain a certificate of sponsorship from the university. This requires the position to be at least RQF Level 3 qualified or above and meet the minimum salary requirements for the role (typically £25,600, depending on experience, type of role or qualifications). You can prove your right to work by presenting your valid UK or Irish passport to your employer. If you are an education provider or student sponsor, contact Educator Support for questions about a job application. You could face a civil penalty if you employ an illegal worker and have not conducted a proper right-to-work check. The Home Office`s guidelines for the review of labour law documents were amended in March 2020 in light of the pandemic and lockdown restrictions. A temporary COVID concession has been put in place to allow employers to conduct employment law compliant checks with an electronic or scanned copy of the person`s documents and review them during a live video call with the person. The end of the concession has been postponed several times, and more recently, the program`s end deadline – when employers will again have to use the original physical documents to perform compliant checks – was extended to April 5, 2022. You are only allowed to work a certain number of hours.
If you`re not sure how many hours you can work, consider checking your immigration documents or talking to your education provider. Whether or not you check the documentation, you need to make sure that the documents are genuine and unaltered and that the deadlines for working in the UK have not expired. You must ensure that the photos and dates of birth are the same in all documents. If the documents have different names, you should look at the receipts – for example, marriage or divorce documents. Also check if the candidate has permission to do the work you offer – there may be restrictions on the number of hours they can work. It is also acceptable for EUSS applicants to rely on a “certificate of application” issued on or after 1 July 2021, accompanied by a positive confirmation notice from the Employer Verification Service as proof of the right to work. The following people do not need a UK visa, but still need to prove their right to work before they can start working: A birth certificate must name one or more parents and must be issued in the UK or the Channel Islands. Also ask for a government document that includes their Social Security number and name. Application registration cards must indicate that the work offered by the employer is permitted. Alternatively, the employee may have received a letter from the Home Office or immigration authorities stating that they have been granted permission to stay in the country indefinitely. This, in turn, should be accompanied by a document stating his UK Social Security number and name. You cannot employ or continue to employ someone if they cannot prove their right to work.
How you prove your right to work depends on your immigration status – this is also known as a “vacation”. said they did not present enough evidence to prove your right to work, even if you had shown them the right documents Most people who apply for asylum do not have the right to work. Talk to an advisor if you`re not sure if you`re allowed to work. If your employer fired you or withdrew the job offer because of something related to your right to work, they may have discriminated against you. The Ministry of the Interior will send you a “positive verification notice” to confirm that the applicant is eligible to work. You must keep this document. You can file a complaint with the Ministry of the Interior if you are afraid of losing your job because it took too long to confirm your right to work. You can complain to the Ministry of the Interior on GOV.UK. You can find out more about working in the UK while applying for asylum on GOV.UK.
If you face allegations that your organization has failed to meet its obligations, we can help you with your next steps. If you choose to dispute a civil penalty, we can advise you throughout the process. The online verification service requires the individual to provide the employer with a scholarship code before an exam can be conducted. If a review of the right to work confirms that the EU worker`s right to work in the UK is limited in time, a follow-up check should be carried out before the expiry date. This could be the case, for example, if they only have a pre-established status under the EU invoicing system or if they have been granted a limited residence permit under the points-based system. We strongly recommend that you consult the UK Visa Application section of the Home Office website to determine your eligibility for a UK visa. Davidson Morris` team of immigration lawyers in the UK specialises in helping employers meet their obligations under employment law.
