RIGHT TO WORK CHECK
A Right to Work check is a pre-employment check confirming working permissions of a prospective employee or a casual worker to ensure they have the appropriate right to work for the specific role and hours.
Conducting a Right to Work check consists of documentation checks on every UK based employee and keeping it on their employee file. The check can be done manually, in person and on-line (for specific working permissions).
Right to Work Change from 6 April 2022
Since 6 April 2022, BRC, BRP and FWP holder are required to evidence their right to work using the Home Office online service only. Employers cannot accept physical cards for the purposes of a right to work check even if it shows a later expiry date. BRCs, BRPs and FWPs have been removed from the lists of acceptable documents used to conduct a manual right to work check.
WHAT DOCUMENTS SHOULD BE PROVIDED
Acceptable documents for a RTW checks are grouped into two categories – List A and List B.
List A
These documents provide a continuous statutory excuse for the full duration of the person’s employment. No follow-up check is required (no time-limit).
List B Group 1
These documents provide a time-limited statutory excuse which expires when the person’s permission to be in the UK expires. A Follow-up check is required prior to expiry of permission to work document.
List B Group 2
These documents provide a time-limited statutory excuse which expires six months from the date specified on a Positive Verification Notice (PVN). A follow-up check is required prior to the expiry of the PVN.
LIST A AND B DOCUMENTS - EXAMPLES
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British or Irish national |
Global Talent visa holder |
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National of EU/EEA country with Settled status |
Skilled Worker/ Tier 2 visa holder |
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Indefinite Leave to Remain (ILR) holder |
Student/ Tier 4 visa holder |
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National of EU/EEA country with Pre- settled status |
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Tier 5 visa holder |
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Dependant visa holder |