Right to Work Checks: what to expect

The types of documents that employers can accept as evidence of right to work is governed in law through the Restrictions on Employment Order 2007. The documents that recruiters may accept from an employee to demonstrate their right to work are set out in two distinct lists. Whether an employee falls under List A or List B depends on their nationality and/or their current immigration status in the UK.

For those individuals who hold a visa permitting them to live and work in the UK, there is also a requirement to undertake a further check at the point that permission expires.

List A
(unlimited leave to remain)

List B
(time limited leave to remain)

British national

Tier 1 visa holder

National from EU/EEA country **

Skilled Worker/ Tier 2 visa holder

Indefinite Leave to Remain (ILR) visa holder 

Student/ Tier 4 visa holder

Permanent Residence (PR) visa holder

Tier 5 visa holder

 

Dependant visa holder

**An individual only has unlimited leave if they have settled status, if they do not hold settled status and are eligible to apply they have until the 30 June 2021 to apply to the EU settlement scheme.

Please check the guidance for a list of acceptable documents.

When the check will be undertaken

We request that each candidate provides evidence of their right to work at interview stage. If this is not possible, and where a job offer has been made, the individual must evidence their right to work before employment starts. If the individual presents their documents on their first day of work, the certified copy must be dated and timed. Separate evidence must then be presented to demonstrate that the individual did not start work before the check was undertaken.

If you are working from overseas, you will not be required to undergo a Right to Work check. However, if you enter the UK, the above process will need to be followed.

​Breaks in Service

The University will allow returning employees to 're-use' their previous right to work check, as taken for the purposes of their previous employment at the University, provided there has not been a break in service, following the end of their previous employment (i.e. no more than 7 days (which must include a Saturday and a Sunday) from date previous employment ended).

In all other cases, right to work must be re-taken before the new employment commences, following a break in service (for any reason).

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