The Home Office sets out two official lists of acceptable documents; List A and List B that employers must use to confirm an individual’s legal right to work in the UK. These are the only documents you can accept; no substitutes or alternatives are legally valid for right-to-work checks.
List A: Permanent Right to Work
List A includes documents that show a person has an ongoing, unrestricted right to work in the UK, showing indefinite leave to remain. If you complete the right-to-work check before employment begins and follow the correct procedure (including keeping a copy and recording the check date), you’ll establish a continuous statutory excuse. This protects your organisation from civil penalties in the event the individual is later found to be working illegally.
List B: Temporary Right to Work
List B covers individuals who have time limited permission to work. Documents in this list may include a visa showing work conditions, or a Home Office Positive Verification Notice. In this case, carrying out a compliant check grants you a time-limited statutory excuse, meaning it will only last until the expiry date of the individual’s permission to work. To maintain compliance, you’ll need to conduct a follow-up check before their permission expires. The document you use will clearly show the date when a recheck must be done.
How to check these documents?
• Employers must obtain the persona’s original documents
• The check the documents in the presence of the holder
• Finally, employers will need to make and retain a clear copy, and make record of the date of the check
To complete the Right to Work application, you’ll need to check:
• Photographs and dates of birth are consistent across documents
• Expiry dates for permission to be in the UK have not passed
• Any work restrictions determining the type of work they’re allowed to do, e.g. students may have a maximum number of hours they can work per week
• Dates must be cross-referenced with identity documents and work permits or verified by contacting the appropriate embassies or consulates
• The documents are genuine, have not been tampered with and belong to the holder
• If the applicant has provided documents with different names, seek further documentation to explain the disparity, e.g. marriage or civil partnership certificate, divorce certificate, decree absolute, deed poll, adoption certificate or statutory declaration. Retain copies of these supporting documents on the upload screen
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