To start working at a job or anywhere else, you are required to prove your right to work. Some people might find it difficult to get the information regarding proving their right to work. In this guide, we have provided an in-depth analysis about how to prove your right to work and what are the documents required for the same.
How to check whether you have the right to work?
First of all, you should be sure whether you have the right to work in the UK. It is dependent on your type of leave. Leave is also known as Immigration status. Here are the criteria mentioned under which you are allowed to work in the UK.
- If you are either a British citizen or an Irish citizen.
- If you have a family residence permit. It should be from the EU Settlement Scheme.
- If you have the right to abode from the Home Office.
- If you have either applied or are already having a settled/pre-settled status. It should be granted under the EU Settlement Scheme.
However, you do not have the right to work in the UK if your leave has been expired. In case you still work, if you do not have the right to work, you will end up doing unacceptable jobs or working for a greater number of working hours.
How to prove your right to work to the employer?
Before getting employed, you are required to prove your right to work to the employer. This can be achieved by presenting an online right to work proof. You can also present certain other documents as well.
However, you must note that you are using an original document. Copies of the document are not allowed. Moreover, you must also ensure that you are using a valid document, i.e., not an expired document.
In case you want to submit the document that is going to be expired shortly as proof of your right to work, you can submit it as proof. However, you should note that you must have applied for extending the leave. The employer may otherwise ask for some other document. Also, the ECS (Employer Checking Service) could also be contacted regarding the same.
What are the requirements by which you can prove your right to work?
There are certain requirements according to the type of leave you have. Leave is also known as ‘Immigration Status.’ We have listed down the requirements according to the different immigration statuses.
1. For the British or Irish citizens
In case you are a British or Irish resident, a valid British or Irish passport can act well as proof of your right to work. In case you do not have a valid British or Irish passport, you can also use a valid passport of another nation. However, there should be a stamp on it.
If you do not have a passport, you can show a document with your National Insurance Number along with your name on it, for instance, P45. You are required to show one more document. The second document should either include your certificate of registration or a birth/ adoption certificate.
2. Indefinite leave
In case you have indefinite leave, the right to work can be proved by either of the three things. These things include:
- The online share code
- A valid passport with a stamp mentioning indefinite leave.
- A biometric residence permit mentioning that you have an indefinite leave.
- An immigration status document. It should also have a residence permit sticker mentioning an indefinite leave to remain.
3. Limited Leave
If you have limited leave to remain in case you have a visa for a definite time period. For instance, you owe a refugee status or a student or work visa. Limited leave is also granted on a visitor visa. In this case, you can prove your right to work for an employer by presenting either of the mentioned things.
- The online share code
- A valid passport with a stamp mentioning indefinite leave.
- A biometric residence permit mentioning that you are allowed to stay in the UK and are allowed to work for the job they are applying for.
4. Asylum seeker
Generally, asylum seekers do not have a right to work. However, if in the ARC, it is mentioned ‘work permitted,’ you have the right to work. If it is mentioned ‘SOL’ in the ARC, you are can only work for shortage occupations. To prove your right to work, you are required to present either your ARC (Application Registration Card) or a letter from Home Office stating the allowance for doing a job.
5. Commonwealth citizen
If you are a commonwealth citizen with a right of abode stamp from the Home Office, you can prove your right to work through a valid passport. The passport should contain a right to abode stamp on it.
In case you do not know your immigration status, you can get advice from a legal advisor.
What to do if you do not have your National Insurance Number?
Sometimes, the employer may ask for the National Insurance Number as proof of right to work. You can apply for the National Insurance Number if you hold the right to work and are either looking for work or have already started your work. However, if you have lost your National Insurance Number that you already had, you can go to the online portal of GOV.UK.
Conclusion
Before working in a job, you are required to present your right to work documents in front of your employer. All the documents must be original and should not be expired. There are different documents required for different immigration statuses.
If you do not have any specific documents, you could also use any other replacement document for the same. We hope that you find this article useful in clearing all your confusion about the right to work documents to prove your right to work.
