Right to Work

An employer can only employ an individual who has permission to live and work in the UK. British citizens are exempt from immigration control and can automatically settle and work in the UK. Some Commonwealth citizens have a right of abode in the UK and therefore have the right to the same treatment as a British citizen in relation to their ability to work. However, Commonwealth citizens without a right of abode require leave to enter the UK. European Economic Area (EEA) and Swiss nationals also have an automatic right to work or to look for work, study etc in any of the EEA countries. These rights are known as the rights of free movement under EU law.

Visitors to the UK are not allowed to do paid or unpaid work in the UK during their visit. However, a business visitor is of course permitted to carry out business activities that are directly linked to any employment or business abroad

However, if an individual does not fall within one of the above groups, they will require leave to enter or remain in the UK. An individual with indefinite leave of this nature can live and work in the UK without restriction.

Employers have the responsibility to prevent illegal migrant working in the UK. Employers who unlawfully employ illegal migrant workers will be subject to a system of civil penalties under the Immigration, Asylum and Nationality Act. To avoid liability for this civil penalty, employers should obtain all necessary documentation for potentially suitable candidates. The penalty is currently £10,000 for each illegal migrant worker. The penalty for an employer who knowingly employs an illegal worker is a maximum two year prison sentence and /or an unlimited fine.

Documentary proof of right to work

Satisfactory documentary proof of the right to work falls into two groups. Employers are required to check documentation from List A or List B (see below) formerly known as List 1 & 2. The employer must ask to see one original document from List A or a combination of two documents from List B. To establish a Statutory Excuse (the Excuse), all documentation MUST be checked and copied BEFORE the person commences employment with the company. This will provide an Excuse against payment of a civil penalty.

The documentations outlined in List A establish that the person has an ongoing entitlement to work in the UK. If reasonable steps are taken to check the validity of a document or documents from the first group, List A, the statutory excuse will have been established for the duration of the employment and no further checks will be required.

In order to prove eligibility to work in the UK the following must be produced - one original document from List A or a combination of two documents for List B.

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