In the UK, all employees require a ‘Right to Work’ check, regardless of their nationality. We must ensure that our potential employees have their right to work established before they commence employment of any nature - this includes elected officers, volunteers, fixed-term, casual, zero-hours, or permanent staff.

What we must do before any work is carried out

The Home Office provides a list of documents that can be accepted as proof of the right to work. These are set out in two distinct lists, List A and List B.

List A documents - permanent and unrestricted right to work (no repeated check needed), and includes:

• British passport
• Irish passport or passport card
• EU/EEA national Settled status
• Indefinite Leave to Remain (ILR) BRP or vignette
  Please contact the UKVI and Global Mobility Manager if a valid ILR vignette or stamp is in an expired passport

Where a British/Irish passport is not available, a copy of the National Insurance number and name (e.g P45, P60, NI card or letter from a government agency or previous employers) and either a full birth certificate or adoption certificate, or certificate or registration or naturalisation as a British citizen

List B documents - temporary/ restricted right to work (repeated checks required when visa/document expires), and includes:

• Time limit UK visa (Global Talent, Skilled Worker/Tier 2, Student/Tier 4, Tier 5, family visa, UK Ancestry).
• EU/EEA nationals’ Pre-settled Status
  For EU/EEA/ Swiss nationals employed from 1 July 2021, we can no longer accept just a passport or ID card as evidence of their right to work. EU/EEA nationals would need to show they either have Settled or Pre-settled status or a UK visa to evidence their right to work.

Full list of the List A and List B documents

Completing a right to work check?

The two main ways of checking an individual's right to work are either undertaking a manual check or using the Home Office online system.

From April 2022 – For Individuals who hold a Biometric Residence Permit (BRP), Biometric Residence Card (BRC) and Frontier Worker Permit can only evidence their right to work using the Home Office online system. We can no longer accept physical documents even if they are still valid. We must follow the online right-to-work process for these document holders.

Manual right to work check

This is the physical inspection of the right to work document before the holder in person or via video link and can be used where the individual holds a List A document.  A full inspection will be made of the original document to determine its authenticity and validity.  This must be done in person.

A copy of the document must be taken, and the JMSU employee checking the document should sign and date the copy, certifying they have seen and verified the original.  A copy will be held on the employee’s HR file.

Online right to work check

The Home Office Online check should be used for individuals with:

• A Biometric Residence Permit (BRP)
• A Biometric Residence Card (BRC)
• A Frontier Worker Permit
• Status issued under the EU Settlement Scheme
• EU/EEA and Swiss nationals who have been issued electronic immigration status.
• A Graduate visa issued with electronic immigration status.

Step 1 – The applicant must provide the following:

• their date of birth
• the type of visa or immigration status they have
• a 'share code' that they can generate and provide, or choose to send via the service.

With these details, JMSU will access the Home Office online system

Step 2 - in the presence of the individual (in person or via live video link), we must check that the photograph on the online right to work check is of the individual presenting themselves.

The check will provide any details of their work permissions, including the start and end date of their visa, restrictions on hours of work or type of work allowed.

Step 3 – We will evidence of the online right to work check. This will include the profile page confirming the individual’s right to work. This is the page that includes the individual’s photo and the date on which the check was conducted.

This can either be printed out or saved electronically.

This must be satisfied before a start date is agreed.

Repeated right to work checks

Where the individual holds a fixed-term visa (List B document holder), and the contract is intended to continue beyond the expiry date, a new right to work check should be secured before their visa expires.

If the individual has a pending application, we may be able to check their right to work using the Employer Checking Service to secure their right to work during this period.

Employing Student/ Tier 4 visa holders

Staff engaging student/ tier 4 visa holders have a responsibility to ensure that they do not exceed the weekly hours allowed by their visa. Before employing a student/ tier 4 visa holder, please ask them to complete the Student/Tier 4 visa Declaration Form.

Student/ tier 4 visa holders are allowed to take limited employment in the UK, providing their conditions of entry to the UK allow this. Provided that the expiry date of the student/tier 4 visa has not passed, a student on a student/tier 4 visa can work:

• a maximum of 20 hours of paid or unpaid work per week during term time for degree students;
• a maximum of 10 hours of paid or unpaid work per week during term time for students studying courses below degree level;
• full-time outside of term time only i.e. during vacations and following completion of your course

During term time, student/ tier 4 visa holders must not undertake paid or unpaid work which would bring their total hours to more than 10/20 per week across all the work being undertaken. This includes paid, casual work, volunteering, acting as a student ambassador/invigilator, and any other type of paid or unpaid work both for the School and elsewhere. Working hours are calculated on a weekly basis rather than a monthly average.

PhD students are required to book leave from their PhD studies and have this confirmed by their supervisor, to take advantage of working full-time. Their supervisor should write a letter confirming the student is on vacation (providing dates), and that they are not required to work on their thesis.

Other work restrictions for Student/Tier 4 visa holders

Student/tier 4 visa holders are not permitted to:

• be self-employed
• be employed as a professional sportsperson including as a sports coach
• be employed as an entertainer
• to take a permanent full-time job
• work as a doctor or dentist in training, unless they are on the foundation programme