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Right to Work

Immigration, Asylum and Nationality Act 2006

Employers and agencies need to know if it is legal for their contractors to work in the UK and whether they need a work permit or visa.

It is a criminal offence to knowingly employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.

If you knowingly employ a contractor with no right to work in the UK, you could be prosecuted and receive an unlimited fine and/or a maximum two year prison sentence.

This page explains how employers' can fulfil their responsibilities and check their contractors' entitlement to work in the United Kingdom.

Am I employing workers legally?

To confirm that employees have a right to work in the UK, employers should examine and check the following orginal documents. It is advisable to take a copy and keep notes of how, when and by whom the originals were checked.

Single Document

Passport or national identity card showing holder is:
  • British Citizen
  • EEA or Swiss national
  • Other passport where endorsed to show holder is exempt from immigration control, has indefinite stay or right of abode in the UK.
OR
  • Residence permit, registration certificate or permanent resident card for EEA or Swiss nationals
  • A Biometric Immigration Document stating holder has right to indefinite stay in the UK

Combination documents (where no passport, residence permit or biometric document provided)

HMRC document showing permanent National Insurance Number (P45, P60, NINO card or HMRC letter quoting NINO).

PLUS any one of the following:
* UK, Channel Islands, Isle of Man or Ireland

Other cases

There are other circumstances a non-EEA national worker may have a temporary Right to Work in the UK.

See Home Office (Border & Immigration Agency) Prevention of Illegal Working document for alternative documents which give a statutory excuse.

Employers’ Helpline is 0845 010 6677.

Which EEA Nationals can work in the UK without restriction?

Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Spain, Sweden


Accession State Workers (A8 countries)

Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia

These nationals have the Right to Work in the UK, but must register with the Borders & Immigration Agency within 1 month.

Commonwealth Countries

Click here to see full list of commonwealth countries and UK dependants.

Contact: 0845 094 0050 - info@quube.co.uk
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