Right to Work checks are a legal requirement in the UK, designed to prevent illegal working by ensuring that all employees have the necessary permissions to work in the country. Employers must conduct these checks, which includes reviewing acceptable Right to Work Documents, before employing someone, safeguarding against the civil penalties for employing illegal workers
As an employer, it’s important to remember:
- It is essential the correct Right to Work check is completed before the individual is due to start working for your organisation.
- Home Office legislation states that all employers MUST keep records of an employee’s Right to Work check for a period of 2 Years after their employment ends.
Understanding the difference between List A and List B
The Home Office organises the documents necessary for verifying an individual’s Right to Work within the UK into two primary categories: List A and List B.
- List A: These are documents that affirm an individual’s ongoing Right to Work in the UK, thus exempting employers from the requirement of conducting further Right to Work verifications once these documents have been initially checked and approved.
- List B: This list is divided into two distinct groups, with each signifying a conditional Right to Work with specific verification requirements.
These two groups are:
- List B Group 1: These documents authorise the commencement of employment but mandate that employers conduct subsequent checks to re-confirm the individual’s Right to Work at a later date.
- List B Group 2: These documents also provide a conditional Right to Work, yet they come with more precise conditions and require employers to undertake more detailed follow-up checks at designated intervals to verify continued work eligibility
Below we present the current list of documents approved by the Home Office, but you should be aware that this list will be subject to regular revisions by the Home Office. To receive these updates, along with notifications on other Right to Work legislation changes, please subscribe by clicking here.
What are current valid List A Documents?
- A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
- A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.
- A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
- 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.
- 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.
- A birth or adoption certificate issued 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.
- 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.
- 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.
What are current valid List B – Group 1 Documents?
- 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.
- A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
- 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.
What are current valid List B – Group 2 Documents?
- A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
- A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
- A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU (J) to the Jersey Immigration Rules or Appendix EU to the immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.
- 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.
- 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 is permitted to do the work in question.
Further considerations for you business
Understanding the documents that can be accepted as proof of a candidate’s Right to Work marks only the beginning of ensuring compliance with Home Office legislation. It’s equally important to gain knowledge on related topics for a comprehensive grasp of the entire Right to Work process. These topics include:
- What type of ‘Statutory Excuse’ do you have? How do you ensure that your company has a defence against a civil penalty in the event that an employee is found to be working illegally?
- The pathway to conduct compliant Right to Work Checks in 2024: What options are available to employers to conduct Right to Work checks?
- What’s an IDVT solution? How can organisations utilise Identity Document Validation Technology (IDVT) to ensure compliance?
- How to manage Share Codes? What are Share Codes, why are the government increasingly using them, and what role do they play in providing proof of a candidate’s Right to Work.
The team at Rightcheck recently published an eBook, Demystifying Right to Work Checks (2024), which answers all these questions. You can download it for free from the Rightcheck website here.
If you have questions about better understanding what are acceptable Right to Work documents, or how an IDVT Solution, like Rightcheck, can help automate the entire process, click the orange bubble below to initiate a live chat with one of our Right to Work experts, or click here to send us a message directly.
DISCLAIMER: WHILE WE STRIVE TO PROVIDE YOU WITH THE MOST CURRENT ADVICE AND INFORMATION IN LINE WITH HOME OFFICE LEGISLATION REGARDING RIGHT TO WORK, PLEASE BE AWARE THAT THESE REGULATIONS ARE SUBJECT TO CHANGE AND THIS ARTICLE SHOULD NOT BE TAKEN AS LEGAL ADVICE. WE RECOMMEND CONSULTING A TRAINED LEGAL PROFESSIONAL FOR SPECIFIC LEGAL ADVICE CONCERNING RIGHT TO WORK MATTERS.