Can Non-UK Citizens Prove Their Right to Work?

In this article, we discuss how non-UK citizens can prove their right to work in accordance with UK law. We explain how employers can verify an individual's right to work and what documents are required.

Can Non-UK Citizens Prove Their Right to Work?

The objective of the control of the right to work in the United Kingdom is to ensure that the person has the legal right to work in the country and to prevent the employment of illegal workers. It is essential to perform this verification after the United Kingdom Visa and Immigration (UKVI) application has been approved. While most organizations comply with government regulations on right-to-work checks, there is a small minority that goes unnoticed. Verification of the right to work is a process that employers use to verify that a person is authorized to work in the United Kingdom. Employers can verify the right to work in three ways: they can use the online verification service, perform an authorized digital verification, or perform a manual verification of documents.

However, as an employer, you do not have the autonomy to choose how the worker demonstrates their right to work. When a right to work check confirms that there is a time limit to the EU employee's right to work in the UK, a follow-up check must be carried out before the expiry date. This is where employers can prove the right to work of people who cannot use a check online or who are not in possession of the usual required documentation. You should check if you can prove your right to work in another way; if you can't, you'll have to request a replacement document. Employers also have the option of using technologies such as identity verification and tracking (IDVT) to verify an individual's work permit. Your employer may ask you for your national insurance number when you prove your right to work.

Regardless of how an organization carries out its tests, the desired result should be the selection of a candidate who meets the requirements to work in the United Kingdom and a record of the checks to demonstrate this. Regardless of a person's nationality, race or immigration status, in the UK all workers must submit evidence to a potential employer confirming their right to work. A current immigration status document containing a photograph issued by the Home Office for the holder with a valid endorsement stating that the named person can remain in the United Kingdom and is authorized to perform the type of work in question, together with an official document containing the person's permanent national insurance number and name issued by a government agency or a previous employer.