You can still accept it as a valid right to work provided that the photo on the passport is not too dated and you are satisfied it resembles the person in front of you. European passports, ID cards and permits are varied and sometimes it is difficult to determine what constitutes a genuine one, particularly as their look, shape and feel changes over the years. ☐ A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. A P45 or P60 are acceptable, or a full birth certificate issued in the UK… Failure to perform Right to Work checks correctly could result in unwanted Home Office scrutiny and serious ramifications, including: By carrying out Right to Work document checks correctly employers should be able to rely on a statutory defence against alleged breaches of duties, where they can demonstrate they have taken consistent and compliant measures to ensure they are only hiring individuals with permission to work in the UK. UK employers who have doubts about a person’s right to work in the UK can check this with the UK Employer Checking Service. If you don't have a passport, you can show your employer a combination of documents to prove your identity and work authorization. the date of birth on the expired document and satisfy yourself that this is consistent with the current appearance of the holder. A passport (current or expired) showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK. If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK. An out of date passport is not acceptable. List B employees present additional risk for employers given the time-limited nature of their work permission, and the implications of hiring an employee whose permission to work has expired. Can an expired passport be used to evidence Right to Work? However some circumstances require the passport to be current. In the UK we have to have verified proof that someone has the right to work in the UK - even if they are British. Q. A passport showing that the holder is a British citizen, or has the right of abode in the United Kingdom. Also check that the dates for right to work in the UK haven’t expired, that the photos are the same across all documents and look like the individual, that the dates of birth are the same across all documents and the individual has permission to do the type of work you’re offering (including any limit on the number of hours they can work). There are a lot of other documents though. a passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies and have the right of abode in the United Kingdom; a passport or national identity card showing that you are a national of the European Economic Area or Switzerland officer to enter the UK, and you may live and work here without restriction. It is mandatory to procure user consent prior to running these cookies on your website. The employer is then to verify the individual’s ID via a video call by asking the individual to show the original document during the call and to satisfy that the person on the call is the same person in the ID. But opting out of some of these cookies may have an effect on your browsing experience. An out of date passport is not acceptable. A List B document will be required. It is crucial that you check that the stamp or endorsement in the document continues to allow the person to work by virtue of their status (i.e. Subject’, ‘British Overseas Citizen’, etc.) What documents you need to retain for List A, List B Group 1 and Group 2? The UK Border Agency recommends that employers check the in-date passports/travel documents of their prospective employees. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party. However, if the prospective employee does not have an in-date passport/travel document showing their permission to remain in the United Kingdom11, you can accept evidence of permission to remain in the UK – and therefore right to work - in an expired passport … A right to work checks of the employee's original documents must be completed before work commences.It is generally recommended that employers carry out the check at the interview stage to ensure the employer has checked and retained copies of a worker's original document and are satisfied they can work legally in the UK. DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working. The share code is given to an individual to pass on to their prospective employer to conduct an online Right to Work check using the Home Office employer checking service. Can we accept a passport that has expired for a right to work check? Documents which show ongoing entitlement to work in the UK. 542691 Acceptable documents to establish a continuous statutory excuse. If it is in an expired passport, it must be transferred to a current passport. 3.3 If you have to rely solely on an expired passport or travel document to show you that a person has the right to remain and work in the UK, the you must take particular care when examining photographs and comparing these with the current appearance of the person presenting them. 8 B Residence Cards (Biometric Format) 12 … Q17 Why does an ILR stamp have to be in a current passport? If in doubt, make use of Prado, the Council of Europe’s public register with examples of past and present European passports and other identification documents and residence permits. Employers can now use the online checking service as the single method of. List A documents show that the holder is not subject to immigration control, or has no restrictions on their stay, so they have an ongoing right to work in the UK. In some circumstances yes. Valid national passport or identity card; or Please see List A and List B above. Read more about this and other questions in our It doesn't matter if your document has expired as long as we can identify you from it. 17 December 2014. a manual right to work check List A 1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. your passport or national identity card If you’re an EU, EEA, or Swiss citizen, you can continue to use your passport or national identity card to prove you can work in … Why UK right to work checks are important. As an emergency measure during the COVID-19 crisis, the Home Office has relaxed some of the requirements on employers to comply with the Right to Work regulations. For example, if the passport is being used to show that the individual is a British or European citizen, the passport does not need to be current. For example, if the passport contains evidence that the individual has obtained Indefinite Leave to Remain or if the passport includes an endorsement confirming the right to work. We also use third-party cookies that help us analyze and understand how you use this website. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. Therefore you … If you have an ongoing right to work in the UK, you most likely will hold a document from List A Such documents include a UK, EEA or Swiss passport. EU, EEA or Swiss nationals Bring your passport or national identity card. It’s neither a Right to Work document… If this document is in a passport, it must be a current passport. Office to the holder which indicates that the named person can currently stay in the UK and can do the work in question. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The Right to Work is linked to an individual’s immigration status. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. Right to work checks and civil penalties section. Regulated by the Solicitors Regulation Authority No. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”. a passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies and have the right of abode in the United Kingdom; a passport or national identity card showing that you are a national of the European Economic Area or Switzerland For example, if you’ve copied a valid British passport, you don’t need to copy their driving licence as well. This website uses cookies to improve your experience. Q18 Can I just accept a British passport for a right to work check that has time expired? A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. Can we accept a passport that has expired? Solving the issue of an Expired Passport with a Valid Visa The best option for a person with a valid UK visa in an expired passport would … Updated guide. Group 2 documents: ... was received from the migrant and that they have the right to work in the UK. AND one of the following documents: A passport or other travel document showing the holder is able to stay in the UK. 2. Is a valid visa in an expired passport acceptable when shown together with the ... documents, your employee produced for the right to work check. A Work Permits UK issued work permit or other approval to take employment. Documents which show ongoing entitlement to work in the UK. As a hub, we have included references to articles and explainers from third parties. Can an expired passport be used to evidence Right to Work. Documents held by UK, EEA or Swiss nationals may be expired. Non-EU nationals Bring your current passport, plus your current Biometric Residence Permit. For the purpose of checking a person’s identity, all legal documentary evidence which has an issue date, such as a passport, should be in date. The Home Office has confirmed it will not take any enforcement action against employers that conduct an adjusted check and follow this up with the retrospective check. 11. In order to constitute a valid Right to Work check and ensure a statutory defence for your organisation, you must hold on file a copy of their immigration status document with photo to show that the employee has the correct leave and can do the work in question. For employees who are UK passport holders, you must copy and retain the details page of their passport as proof of lawful right to work in the UK. Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport? List A: Documents which show an ongoing right to work Any of the documents, or combination of documents, described in List A below show that the holder has an ongoing right to work in the UK. Singling out certain classes of individual could equate to discrimination. 13. Minimising the risk of illegal working; Documentation acceptable as proof of right to work in the UK – indefinite right to work in the UK (list A) Documentation acceptable as proof of right to work in the UK – limited right to work in the UK (list B) 2. For example, if the passport contains evidence that the individual has obtained Indefinite Leave to Remain or if the passport includes an endorsement confirming the right to work. List A – European Nationals. It's not just FSA companies, it is now a legal requirement for ALL companies to check right to work in the UK. ☐ A passport or national identity card showing the holder, or a person named in the passport as the child of the Thanks Edit: I used the operators in Google search and found this on the gov.uk website and it says expired passports are ok. Subject’, ‘British Overseas Citizen’, etc.) Pre-settled or settled status under the EU Settlement Scheme. If the individual cannot provide an acceptable form of documentation, the employer is to use the Home Office’s online Employer Checking Service and await a Positive Verification Notice where the worker has valid Right to Work. The physically appearance of the holder is able to stay in the UK, a document showing NI number name! We have included references to articles and explainers from third parties issues the. Immigration status news and updates or visit our firm 's main website for and. 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