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Entitlement to work in the UK

Background

Under the terms of the Immigration, Asylum & Nationality Act 2006 it is an offence to employ a person aged 16 or over from outside the EU if that person does not have current and valid permission to be in the UK and to do the type of work involved.

The University, therefore, has a duty to check that all new employees are entitled to work in the UK. This check gives the University a defence against conviction or a statutory excuse against payment of a civil penalty if we are later found to have employed an illegal migrant worker. This applies to any new employee or worker, whether on salary, wages, fees or any other form of payment and irrespective of the length or duration of the work.

Where a prospective employee does not have the right to work in the UK, any offer of employment will be conditional on the receipt of a certificate of sponsorship.

Steps 1 – 3 below describes the document checking process for every new prospective employee/worker. This process is undertaken by the recruiting Academic Unit or Professional Service.

Step 1

In order to comply with the Act, all candidates will be asked to bring original documents from either List A of List B below to their interview:

List A:

1.      A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

2.      A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.

3.      A registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Area country or Switzerland.

4.      A Permanent Residence Card issued by the Home Office, to the family member of a national of a European Economic Area country or Switzerland.

5.      A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.

6.      A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

7.      A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK,together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

8.      A full birth or adoption certificate  issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by the Government agency or a previous employer.

9.      A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

10.  A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

LIST B GROUP 1

1.      A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.

2.      A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.

3.      A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.

4.      A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

LIST B GROUP 2

1.      A Certificate of Application issued by the Home Office under regulation 17 (3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which isless than 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service.

2.      An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.

3.      A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and s permitted to do the work in question.

 

Step 2

The recruiting Academic Unit/Professional Service is required to check the validity of the document and be satisfied that the prospective, or existing employee, is the person named in the documents present by:

  • checking any photographs, where available, contained in the documentation are consistent with the appearance of the individual;
  • check the dates of birth listed, where available, to ensure that these are consistent across documents and that you are satisfied that these correspond with the appearance of the individual;
  • check that the expiry dates of any limited leave to enter or remain in the UK have not passed;
  • check any UK Government endorsements (stamps, visas, etc.) to see if the individual is able to do the type of work on offer; be satisfied that the documents are genuine and have not been tampered with and belong to the holder;
  • If the prospective or current employee provides two documents which have different names, ask them for a further document to explain the reason for this. The further document could be a marriage certificate, a divorce decree, a deed poll document or statutory declaration.
  • They must also check any work restrictions to determine if the person is able to work and do the type of work offered. (For students who have a limited permission to work during term times, academic term and vacation times covering the duration of their period of study in the UK for which they will be employed, need to be obtained and copied)

Step 3

A black and white copy of the relevant page or pages of the document, in a format which cannot be subsequently altered, needs to be made (for example, a photocopy or scan or PDF file). In the case of a passport or other travel document, the following parts must be photocopied or scanned:

  • a copy should be taken of the document’s front cover and any page containing the holder’s personal details. In particular, any page that provides details of nationality, his or her photograph, date of birth, signature, date of expiry or biometric details;
  • any page containing UK Government endorsements, noting the date of expiry and any relevant UK immigration endorsement which allows the prospective or current employee to do the type of work on offer.
  • other documents should be copied in their entirety.
  • all copies should be dated and signed to confirm that the original has been seen.

 

 

 

 

Once the 3 steps above have been carried out the University will have a statutory excuse against liability for a civil penalty if the named person is found to be working illegally. However where some documents provide a continuous excuse, others are time limited and will require a follow up check:

If the documents that you have checked and copied are from:

List A – Provides a continuous statutory excuse for the full duration of the person’s employment.

List B: Group 1  – Provides a time limited statutory excuse which expires when the person’s permission to in the UK and undertake the work in questions expires. A follow up check will be required when the document evidencing their permission to work expires.

List B: Group 2 – Provides a time limited statutory excuse which expires 6 months from the date specified in your Positive Verification notice. A follow up check will be required when this notice expires.

 

A record should be kept of every document copied. Copies of the documents should be sent to HR where they can be scanned and stored with the individual’s personnel file for the duration of the individual’s employment.

If a person is not able to work at the University, then the University is entitled to refuse employment to that person.

Speak to your HR Officer should you have any concerns about a prospective employee/worker or you would like to know more about the process.

 


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