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Right to work in the UK guidance
In the UK, JMSU must carry out a Right to Work check before employing or engaging anyone to undertake work for JMSU, regardless of nationality. This includes permanent, fixed-term, casual, zero-hours, temporary student staff (Union Support Staff), students providing services under a paid worker agreement (such as School Reps or Campaigners), and elected Student Officers.
Updated/reviewed: June 2026
JMSU must complete and record the correct check before any work is undertaken.

Volunteers

Genuine volunteers are not the same as workers or employees. However, care is needed where someone is undertaking unpaid or voluntary work, particularly where there are regular commitments, expectations, benefits, expenses beyond genuine reimbursement, or visa restrictions. If there is any doubt, HR advice should be sought before the individual starts.

Home Office rules

The Home Office sets out the acceptable ways to establish a statutory excuse against liability for a civil penalty. The correct route will depend on the individual's nationality, status and evidence. JMSU must not rely on screenshots, photocopies, scanned copies, old documents, or the individual's own view of their online status unless the Home Office guidance specifically allows this.
The basics

Ways to complete a right to work check

There are three main ways to complete a right to work check.
Route 1

Manual right to work check

Checking original acceptable documents from Home Office List A or List B.
Route 2

Digital Verification Service (DVS) check

For British and Irish citizens only, where they hold a valid British passport, valid Irish passport or valid Irish passport card.
Route 3

Home Office online right to work check

For non-British and non-Irish citizens who have an eVisa, digital immigration status, EU Settlement Scheme status, a BRP/BRC, Frontier Worker Permit or another status supported by the Home Office online service.
The Home Office acceptable document lists are available on GOV.UK: Right to work checklist.
Acceptable documents

List A and List B documents

Permanent or continuous

List A documents

List A documents give a permanent or continuous right to work. If the check is carried out correctly before employment starts, no repeated check is normally required. Examples include:
  • A British passport, current or expired, showing the holder is a British citizen or has right of abode in the UK.
  • An Irish passport or Irish passport card, current or expired, showing the holder is an Irish citizen.
  • A valid British or Irish passport/passport card checked through a DVS provider, where JMSU uses that route.
  • A UK, Channel Islands, Isle of Man or Irish birth or adoption certificate, together with an official document showing the person's permanent National Insurance number and name.
  • A certificate of registration or naturalisation as a British citizen, together with an official document showing the person's permanent National Insurance number and name.
  • A current passport endorsed to show that the holder is exempt from immigration control, has right of abode, is allowed to stay indefinitely in the UK, or has no time limit on their stay.
  • A current Immigration Status Document issued by the Home Office showing indefinite permission/no time limit, together with an official document showing the person's permanent National Insurance number and name.
  • Settled or pre-settled status under the EU Settlement Scheme, evidenced using the Home Office online right to work service. The Home Office no longer requires repeat checks for holders of pre-settled status.
Temporary or restricted

List B documents

List B documents or checks give a temporary or restricted right to work. If the person has a time-limited right to work, JMSU must carry out a follow-up check before the permission or statutory excuse expires. Examples include:
  • Time-limited immigration permission, such as Student route, Skilled Worker, Graduate route, family visa, UK Ancestry or another time-limited visa, usually evidenced through the Home Office online service.
  • A current passport endorsement showing the person is allowed to stay in the UK and do the type of work offered, where this is an acceptable manual List B document.
  • A Positive Verification Notice from the Home Office Employer Checking Service, where the person has an outstanding application, appeal, administrative review, qualifying Application Registration Card, or other circumstances requiring ECS confirmation.

Where a British or Irish passport is not available

A person who does not have a British or Irish passport may still be able to prove their right to work manually, for example by providing a birth/adoption certificate or certificate of naturalisation/registration together with official evidence of their National Insurance number and name.
Where the person cannot provide acceptable evidence, they must not start work until the correct check has been completed.

BRPs, BRCs, Frontier Worker Permits and eVisas

Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs) and Frontier Worker Permits cannot be accepted as physical evidence of right to work, even if the card or permit appears valid. These individuals must prove their right to work using the Home Office online right to work service.
Most people who are granted immigration status now receive an eVisa rather than a physical immigration document. An eVisa is a digital record of the person's immigration status and conditions. The individual will usually need a UKVI account and a right to work share code so that JMSU can carry out the online employer check.
An expired physical BRP is not acceptable proof of right to work. If an individual says their status is valid but they cannot generate a share code, seek HR advice and consider whether the Employer Checking Service is appropriate.
Route 1

Manual right to work check

A manual check can be used where the individual presents acceptable original documents from List A or List B. JMSU must complete all three steps before work starts.

The three steps

  1. Step 1: Obtain
    Obtain the original document or documents.
  2. Step 2: Check
    Check the document in the presence of the holder, either in person or by live video link. If checking by video link, JMSU must still be in physical possession of the original document. It is not enough to check a scanned copy, photograph or document shown over video.
  3. Step 3: Copy and record
    Take a clear copy in a format that cannot be manually altered, record the date the check was made, and retain the copy securely.

When checking documents, make sure that

  • photographs and dates of birth are consistent across documents and with the person's appearance;
  • the person presenting the document is the rightful holder;
  • the document appears genuine and has not been tampered with;
  • any permission expiry date has not passed;
  • the person is allowed to do the type of work offered, including any restrictions on hours or type of work; and
  • any differences in names are explained and supported by evidence, such as a marriage certificate, divorce decree absolute or deed poll. This evidence should also be copied and retained.
Copying passports: copy the pages containing the expiry date, nationality, date of birth, signature, immigration permission, expiry date, biometric details, photograph, and any information showing entitlement to enter or remain in the UK and undertake the work. The passport front cover no longer has to be copied. For all other documents, copy the document in full.
Route 2

Digital Verification Service (DVS) check

A DVS check may be used for British and Irish citizens only, where they hold a valid British passport, valid Irish passport or valid Irish passport card. A DVS check cannot be used for expired passports or for non-British/non-Irish citizens.

If JMSU uses a DVS provider

JMSU remains responsible for making sure the check is completed correctly. The person completing the check must:
  • obtain the DVS right to work check output;
  • check that the photograph and biographical details are consistent with the person presenting themselves for work, either in person or by video call;
  • retain a clear copy of the DVS check output securely; and
  • be satisfied that the provider has carried out the required checks.
JMSU must not treat someone less favourably because they do not hold a valid passport or do not wish to use a DVS check. In those circumstances, offer another valid route, such as a manual check.
Route 3

Home Office online right to work check

The Home Office online check must be used for most people with digital immigration status, including eVisa holders, EU Settlement Scheme status holders, BRP/BRC holders, Frontier Worker Permit holders and Graduate route visa holders with electronic status.

What the applicant must provide

  • their date of birth; and
  • a right to work share code generated through the Home Office “prove your right to work to an employer” service.
The share code must be a right to work code, normally beginning with W. Share codes generated for other purposes, such as renting or other immigration status checks, must not be accepted. If the code has expired or is for the wrong purpose, ask the individual to generate a new right to work share code.
JMSU must use the employer service at www.gov.uk/view-right-to-work. It is not enough to view the information shown to the individual on their own UKVI account or to accept a screenshot.

When completing the online check

  • enter the share code and date of birth into the Home Office employer checking service;
  • check that the online profile confirms the individual is allowed to work in the UK and is allowed to do the work offered;
  • check that the photograph on the online profile is of the individual presenting themselves for work, either in person or by live video link;
  • record any work restrictions, visa expiry date and required follow-up date; and
  • save or print the profile page showing the individual's photo and the date of the check.
Records

Retaining evidence

JMSU must retain right to work evidence securely for the duration of employment and for two years after employment ends. The file must then be securely destroyed.

For each check, record

  • the date the check was completed;
  • the check route used: manual, DVS or Home Office online;
  • the evidence checked and saved;
  • whether the person has a continuous or time-limited right to work;
  • any restrictions on the type of work or hours of work; and
  • the follow-up check date, where required.
Evidence should be stored on the employee's HR file/ADP record in line with JMSU data protection requirements.
Time-limited permission

Follow-up checks and the Employer Checking Service

Follow-up right to work checks

Where the individual has a time-limited right to work, JMSU must carry out a follow-up right to work check before the permission or statutory excuse expires. The follow-up date should be diarised as part of onboarding and monitored by HR.
If the individual has made an in-time application to extend or vary their permission, or has an appeal or administrative review pending, they may still have a right to work while the Home Office considers their application. In those circumstances, HR should use the Employer Checking Service where appropriate.
A Positive Verification Notice from the Employer Checking Service normally provides a statutory excuse for six months from the date specified in the notice. Further follow-up checks will be required if employment continues beyond that date.
If a follow-up check confirms that the individual no longer has the right to work, or if JMSU knows or has reasonable cause to believe that the person is working in breach of their permission, HR advice must be sought immediately and employment may need to end.

Employer Checking Service

The Home Office Employer Checking Service may be used where an individual cannot evidence their right to work using the standard manual or online routes. For example, where they have an outstanding in-time application, appeal or administrative review, have certain EUSS evidence, hold an Application Registration Card, or their status must be verified by the Home Office.
For a new starter, the individual must not start work until JMSU has received a Positive Verification Notice or has completed another prescribed right to work check confirming they can do the work in question.
International students

Employing Student visa holders

Not all international students are allowed to work in the UK. Where a student is permitted to work, their passport endorsement or online status will usually state the number of hours they can work during term time, for example 10 or 20 hours per week. If the permission to work is not stated, the student must not work.

Before and during employment

Before employing a Student route/Tier 4 visa holder, ask them to complete the Student Visa Declaration Form and provide evidence of their academic term and vacation dates covering the period they will be employed. This should normally come from their sponsoring education provider, either directly or through a letter/email provided by the student.
During term time, Student visa holders must not work more than the weekly hours allowed by their visa. A week is counted from Monday to Sunday. The limit applies across all work undertaken, including paid work, casual work, unpaid work, voluntary work, student ambassador/invigilator work, and work for other employers. Working hours must not be averaged across a month.
Students may usually work full-time before their course starts, during official vacation periods, and after they have completed their course while they still hold valid permission, provided their visa conditions allow this. JMSU must check and retain evidence of the relevant course dates before allowing full-time hours.
PhD and research students may not have standard term dates. They must provide confirmation from their sponsor/supervisor of any vacation period before working full-time hours.

Student visa holders must not

  • be self-employed;
  • work as a professional sportsperson, including as a sports coach;
  • work as an entertainer;
  • fill a permanent full-time vacancy, unless they are applying to switch into an eligible route and the relevant immigration rules allow this; or
  • work as a doctor or dentist in training, unless an exception applies.

Students' Union Sabbatical Officers

Employment as an elected Students' Union Sabbatical Officer is permitted under the Student route for up to two years where the Confirmation of Acceptance for Studies has been assigned for that purpose. This is separate from ordinary student part-time work limits.
Before confirming employment for an elected Student Officer who needs immigration permission, JMSU should check their right to work using the correct Home Office route and make sure the permission covers the sabbatical officer role and the relevant employment period. If the position involves re-election for a second year, a further right to work check/visa confirmation may be required before the second term starts.
Unpaid work

Volunteering and voluntary work

Genuine volunteer

A genuine volunteer is normally someone who gives their time freely to a charity or public sector organisation, with no contractual obligation to work and no payment other than limited reimbursement of genuine expenses.

Voluntary worker

Voluntary work is different. A voluntary worker may have a contractual obligation to personally perform work or services, even if unpaid. Individuals may need permission to undertake voluntary work.
Student visa holders who are permitted to work can usually do voluntary work, but voluntary work counts towards their weekly term-time working limit. If they are not permitted to work, they cannot do voluntary work.
Where JMSU is unsure whether an opportunity is genuine volunteering, voluntary work or employment/worker status, HR advice should be sought before the individual starts.

Avoiding discrimination

Right to work checks must be carried out consistently for all prospective employees/workers, regardless of nationality, ethnicity, accent, name, appearance, length of residence in the UK or perceived immigration status.
JMSU must not make assumptions about someone's right to work or require additional evidence because of a protected characteristic. Where someone cannot provide evidence immediately, they should be given a reasonable opportunity to provide acceptable evidence, provided they do not start work until the prescribed check has been completed.

Consequences of failing to complete checks

Up to £60,000
civil penalty per illegal worker
If JMSU employs someone who does not have the right to work, or allows someone to work in breach of their conditions, and JMSU has not completed the correct prescribed check, JMSU may face a civil penalty of up to £60,000 per illegal worker. There can also be criminal liability where an employer knows or has reasonable cause to believe that the person does not have the right to work or is working in breach of their conditions.

Not sure which check to use?

If you're ever unsure about someone's right to work, the right check to use or whether a role counts as volunteering, seek HR advice before the individual starts.

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