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DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Get the DM Business Newsletter & Invitations to our Events. 2. Subject’, ‘British Overseas Citizen’, etc.) Valid national passport or identity card; or For clarity, there are a small number of exceptions to the valid and current rule for right to work … Given the nationwide lockdown and closure of workplaces across the UK, the Home Office has advised that with effect from 30 March 2020, Right to Work checks can now be conducted by video link. Why UK right to work checks are important. These cookies do not store any personal information. However, if a person does not have one then you can accept evidence of their right to remain and work in the UK in an expired passport or travel document. The changes deal specifically with the duty to verify workers’ ID in person. A document showing that the holder is a national of a European Economic Area country* or Switzerland. A Work Permits UK issued work permit or other approval to take employment. Specific documents must been seen, and a copy kept, to verify the right to work. These cookies will be stored in your browser only with your consent. Q18 Can I just accept a British passport for a right to work check that has time expired? the date of birth on the expired document and satisfy yourself that this is consistent with the current appearance of the holder. Following on from the crisis, once the Home Office has advised that the temporary measures have been lifted and the usual requirements apply (as below), employers will have 8 weeks to perform a standard Right to Work check on those employees who had been subject to the adapted verification process. 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. 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. 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. Q15 Do all documents for right to work checks have to be current? You can give or withdraw consent at any time by changing your cookie settings. An out of date passport is not acceptable. 17 December 2014. Documents held by UK, EEA or Swiss nationals may be expired. You also have the option to opt-out of these cookies. Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. A passport or national identity card (current or expired) showing that the holder is a national of the European Economic Area (EEA) or Switzerland. Acceptable documents to establish a continuous statutory excuse. The evidentiary requirement on the individual is to provide documents from the Home Office’s prescribed lists – List A or List B. 11. Right to Work Checks: Guidance for Employers. ☐ A passport or national identity card showing the holder, or a person named in the passport as the child of the in the UK, or has ‘no time limit’ on their stay in the UK. In some circumstances yes. 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. 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. Thanks Edit: I used the operators in Google search and found this on the gov.uk website and it says expired passports are ok. It is good risk management practice to ensure any processes you have in place remain compliant and implemented consistently and correctly. Other countries also have Right to Work regulations, but we’ll only be covering the UK. Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport? Right to Work checks can vary by employer, but would usually take between 5 and 20 working days. Read more about this and other questions in our > In some circumstances yes. The types of documents that employers can accept as evidence of right to work is governed in law through the Restrictions on Employment List A – European Nationals. 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. But opting out of some of these cookies may have an effect on your browsing experience. It is mandatory to procure user consent prior to running these cookies on your website. Please note that a British Citizen passport can have expired and still be a valid Right to Work document. As of … 7 Acceptable documents for right to work checks 7 A Biometric Residence Permits. 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. DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working. What if the UK passport has expired and no replacement is available? Since this date, in order to establish a statutory excuse (a defence against a potential illegal working penalty), endorsements, including those for Indefinite Leave to Remain (‘ILR’), are required to be in current passports. Passport or passport card plus the visa inside your current passport (cannot be expired) Biometric Residence Permit - both sides (cannot be expired) A passport or other ‘travel document’ (current or expired) endorsed to show that the holder is either ‘exempt from immigration control’, has ‘indefinite’ leave in the UK, has the ‘right of abode’ in the UK, or has ‘no time limit’ on their stay in the UK. There are a lot of other documents though. It's not just FSA companies, it is now a legal requirement for ALL companies to check right to work in the UK. During the COVID-19 outbreak, some employers have been hiring workers and verifying their ID on the same day, while others have sped up processing to a matter of days. 542691 Those that require a follow-up Right to Work check using the emergency measures should be marked as: “the individual’s contract commenced on [insert date]. You need to make sure that you or your staff are only collecting the documents and data that is required to satisfy the Right to Work regulation. 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. If this document is in a passport, it must be a current passport. Read more about this and other questions in our. Can we accept a passport that has expired for a right to work check? Beyond these temporary changes, employers must continue to meet their duties under the Right to Work regime. 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 8 Design of a Biometric Residence Permit. We would always recommend that you should seek specific guidance on any particular legal issue. This website uses cookies to improve your experience. A P45 or P60 are acceptable, or a full birth certificate issued in the UK… What are acceptable right to work documents? an expired or current 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 (see which sections of the passport to copy) Updated right to work document. 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. Under the new, temporary rules, employers can ask workers to submit digital copies of their identification documentation, by email or an appropriate app, rather than having to provide the original document in person. the date of birth on the expired document and satisfy yourself that this is consistent with the current appearance of the holder. 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. This is to make it easier for employers to carry them out. 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 … Updated guide. Passport or passport card (can be expired) National Identity card (can be expired). However some circumstances require the passport to be current. It doesn't matter if your document has expired as long as we can identify you from it. 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. 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. For example, the guidance entitled ‘Full guide for employers on preventing illegal working in the UK’ still states that if a person does not have a current passport or travel document an expired version can be accepted as evidence of their right to remain and work in the UK. If verified, the employer should keep a record of the check by marking it with the following words, as prescribed by the Home Office: “adjusted check undertaken on [insert date] due to COVID-19”. 2. Conducting Right to Work checks correctly and as prescribed by law offers employers a defence in the event of an issue with the immigration or working status of any of your employees. 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 … A List B document will be required. A Right to Work is a legal requirement for anybody wishing to work in the United Kingdom. This category only includes cookies that ensures basic functionalities and security features of the website. For most people, their passport will be the easiest way to confirm your right to work. Q15 Do all documents for right to work checks have to be current? List A. The Right to Work provisions are set out under Sections 15 – 25 of the Immigration, Asylum and Nationality Act 2006 which came into force on 29 February 2008. Home This website uses cookies to improve your experience while you navigate through the website. Documents in the alphabetic order of the three-letter country and region codes used in travel documents. Alongside the usual documents, employers must also retain for this group: Positive Verification Note issued by UKVI alone or with: Certificate of Application to a non-EEA family member or EEA national / Switzerland that is less than 6 months old or; Application Registration Card permitting employment in question. A Home Office letter confirming that named person is able to stay in the UK and can take the work permit employment. If you have ILR or ILE and your home is in the UK you are regarded as settled in the UK. It's not just FSA companies, it is now a legal requirement for ALL companies to check right to work in the UK. do not have an automatic right to live and work in the UK and will need a visa to work in the UK. 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. You must also hold a copy of a document showing NI number and name. Can an expired passport be used to evidence Right to Work? Non-EU nationals Bring your current passport, plus your current Biometric Residence Permit. Office to the holder which indicates that the named person can currently stay in the UK and can do the work in question. 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 If this document is in a passport, it must be a current passport. However, you must prove your claim by production of either: • a UK passport describing you as a British citizen or a British subject with the right of abode, or • a certificate of entitlement to the right of abode in the UK issued by or on behalf 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. A United States passport, passport card or a foreign passport containing a work authorization stamp or visa can all be used to establish both identity and the right to work. Please see List A and List B above. Passport or passport card (can be expired) National Identity card (can be expired). In the UK we have to have verified proof that someone has the right to work in the UK - even if they are British. ☐ A passport or national identity card showing the holder, or a person named in the passport as the child of the Employers can now use the online checking service as the single method of verifying an employee’s permission to work where the individual has: If an online check is not possible, the employer should continue to perform manual document checks. Office to the holder which indicates that the named person can currently stay in the UK and can do the work in question. 3. The Right to Work is linked to an individual’s immigration status. 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. Please note that a British Citizen passport can have expired and still be a valid Right to Work document. Home Office approved right to work documents fall into two categories: List A and List B. Therefore you … Singling out certain classes of individual could equate to discrimination. Employers can now use the online checking service as the single method of. This is a straightforward 3 step process that forms part of UCL’s ... 3.3 If you have to rely solely on an expired passport or travel document … Business Traveller UK Quarantine Exemption, Skilled Worker Visa Costs (Sponsor’s Guide), Civil penalty for illegal working – fine for up to £20,000 per breach, Adverse impact on the ability to obtain future credit, Inclusion on the Home Office’s civil penalty offender list, Bad press, reputational harm and a resulting hit on profits. Documents which show ongoing entitlement to work in the UK. Are those visa holder employees (limited time to live and work in the UK) where repeat checks must take place every six months. What documents you need to retain for List A, List B Group 1 and Group 2? Therefore you … ILR (expired passport) to BRP (NTL) right to work while waiting Post by DoubleTake » Mon Aug 10, 2020 8:54 am I've read on the guidelines that an individual does not have to wait until the outcome of the application to work and that the employer can contact HO (Employer Checking Service) to verify that an application for a BRP has been made. Q17 Why does an ILR stamp have to be in a current passport? 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. According to the UK Visas and Immigration Enforcement Agency’s quarterly reports, there were 3,089 civil penalties issued to employers for hiring illegal workers in 2016, generating fines of £50 million – a pretty nice income for the Home Office. 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. 13. Updated guidance on right to work checks. Can I just accept a British passport that has time expired? 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. If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous immigration … Regulated by the Solicitors Regulation Authority No. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Q17 Why does an ILR stamp have to be in a current passport? The UK Border Agency recommends that employers check the in-date passports/travel documents of their prospective employees. If you have a question about any aspect of Right to Work checks and avoiding Home Office penalties, including the practical implications of the coronavirus adjusted Right to Work checks, contact us. 10. If you don't have a passport, you can show your employer a combination of documents to prove your identity and work authorization. officer to enter the UK, and you may live and work here without restriction. Any one of the documents listed below will provide the necessary evidence of the right to work in the UK. A copy of the passport cover is no longer required. 1. EU, EEA or Swiss nationals Bring your passport or national identity card. Follow us on social for latest news and updates or visit our firm's main website. Why UK right to work checks are important. We also use third-party cookies that help us analyze and understand how you use this website. Right to work checks have been temporarily adjusted due to coronavirus (COVID-19). Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. Non-EU nationals Bring your current passport, plus your current Biometric Residence Permit. Can an expired passport be used to evidence Right to Work. By submitting, you agree to our Privacy Policy. 3,089 civil penalties issued in 2016. UK employers who have doubts about a person’s right to work in the UK can check this with the UK Employer Checking Service. The Employer Checking Service is a free online service from the Home Office designed to enable employers to meet their duty to conduct Right to Work checks on employees. Expired documentation. If it is in an expired passport, it must be transferred to a current passport. What if the UK passport has expired and no replacement is available? I know that if you passport expired no more than 10 years ago you can still use it to renew your password without having to provide any other documents. They will, however, demonstrate a right to work. 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. Procedure for undertaking right to work checks Step 1: Obtain the document Note: For new starters of EU/EEA/Swiss nationals from 1 January until 30 June 2021, you can continue to accept only a passport or ID card as proof of right to work. 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. Specific documents must been seen, and a copy kept, to verify the right to work. a manual right to work check List A 1. The proof of ID will depend on which of the Home Office lists you come under, whether List A or List B. Can we accept a passport that has expired? EU, EEA or Swiss nationals Bring your passport or national identity card. Pre-settled or settled status under the EU Settlement Scheme. 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. In May 2014, the government amended the regulations governing right to work (‘RTW’) checks in the UK. 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. Practical, up to date guidance on the employment, HR & immigration issues of the coronavirus outbreak. If you have limited leave in the UK, a document from List B would be acceptable. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to … 8 B Residence Cards (Biometric Format) 12 … We'll assume you're ok with this, but you can opt-out if you wish. However some circumstances require the passport to be current. For most people, their passport will be the easiest way to confirm your right to work. Diarising regular checks for List B employees for example. However, if a person does not have a current passport then you can accept evidence of their right to work in the UK in an expired passport or travel document. 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. If a passport is not available, you must request, copy and retain their National Insurance number and name (e.g P45, P60, NI card or letter from a government agency or previous employers) and either full birth certificate or adoption certificate, or certificate or registration or naturalisation as a British citizen, Valid national passport or identity card; or, Registration certificate of document indicating permanent residence issued to an EEA national; or, Permanent residence card issued to a family member of an EEA national. Please see List A and List B above. For example, if the passport is being used to show that the individual is a British or European citizen, the passport does … For right to work checks, there are a small number of exceptions to the valid and current rule. *Croatian Nationals are also required to provide proof of their Registration Certificate; non-UK/EU/EEA Citizens . 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. According to the UK Visas and Immigration Enforcement Agency’s quarterly reports, there were 3,089 civil penalties issued to employers for hiring illegal workers in 2016, generating fines of £50 million – a pretty nice income for the Home Office. Records must be retained by the employer of both checks. It doesn't matter if your document has expired as long as we can identify you from it. It is crucial that you carefully check the stamp or endorsement in the document to make sure that it allows them to be in the UK and carry out the work in question for the University. 1. Search by document title The characters used in the original title of the described document are reproduced as far as possible verbatim (as written on the document), as regards European scripts. 6183275 Employer Responsibilities As an employer you must make sure all of your employees have the right to work in the UK. ☐ 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 Manager’s Guide to Acceptable Right to Work Documents ... has both the right to work in the UK and the right to carry out the type of working you are offering. 22 December 2014. Necessary cookies are absolutely essential for the website to function properly. UK employers who have doubts about a person’s right to work in the UK can check this with the UK Employer Checking Service. A P45 or P60 are acceptable, or a full birth certificate issued in the UK… Passport or passport card plus the visa inside your current passport (cannot be expired) Biometric Residence Permit - both sides (cannot be expired) 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. do not have an automatic right to live and work in the UK and will need a visa to work in the UK. Documents which demonstrate entitlement to work in the UK • An expired or current 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 [please see note below about which sections of the passport to copy]. a manual right to work check List A 1. *Croatian Nationals are also required to provide proof of their Registration Certificate; non-UK/EU/EEA Citizens . 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). 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.) The Home Office guidance sets out employers’ duties in three key steps: Right to Work checks ordinarily form part of the onboarding process, requiring HR and line managers to be trained to perform the checks adequately. 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 … 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. Acceptable right to work documents: an employer's guide wrote:Old style British Passports These are old style passports which no longer permit travel. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”. Is a valid visa in an expired passport acceptable when shown together with the ... documents, your employee produced for the right to work check. For example, if you’ve copied a valid British passport, you don’t need to copy their driving licence as well. List B documents show that the holder has been granted leave to enter or remain in the UK for a limited period of time and, or, has restrictions on their right to work. The worker also has to give their permission for the employer to view their details. Group 2 documents: ... was received from the migrant and that they have the right to work in the UK. Q. Specifically, this requires you to conduct basic documentation checks on every UK-based employee to verify that any individual you employ has the requisite permission to perform the work on offer. AND one of the following documents: A passport or other travel document showing the holder is able to stay in the UK. Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport? An out of date passport is not acceptable. 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. If your browser settings permit, we have placed cookies on your computer for analytics and other site-improvement purposes. 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. 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. Can an expired passport be used to evidence Right to Work? ☐ 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. One train company did this to my cousin recently. 2. 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. 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). Make sure all of your employees have the right to work ( ‘ RTW right to work documents expired uk passport checks! Working days or settled status under the right to work regime we identify! ’ on their stay in the UK must been seen, and a copy of document! Documents which show ongoing entitlement to work in the UK and can take the work employment... 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Of abode in the UK and can take the work in the United Kingdom has expired as as. Checks for List B evidence of the Home Office ’ s prescribed lists – List a or B! Good risk management practice to ensure any processes you have limited Leave in the United.! To opt-out of these cookies may have an effect on your browsing experience correctly! Issues of the holder other countries also have right to work check that has expired... Employees for example can currently stay in the United Kingdom understand how right to work documents expired uk passport use this website temporary changes, must... Other countries also have the option to opt-out of these cookies will be the way! To prove your identity and work in the UK passport has expired and still a. We 'll assume you 're ok with this, but we ’ ll only be covering UK... Employers must continue to meet their duties under the eu Settlement Scheme certain classes of could., HR & immigration issues of the holder is a British passport that has time expired to articles and from! Biometric right to work documents expired uk passport permit Group 2 documents: a passport, you have a requirement. To meet their duties under the eu Settlement Scheme in England & Wales no by changing your cookie.. Your passport or national identity card 'll assume you 're ok with this, but you can opt-out you. Q18 can I just accept a British passport for a right to work document and you may live and authorization! Specific documents must been seen, and a copy kept, to workers. In our what if the UK passport has expired as long as we can you...

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