Skip to main content
menu

Human Resources

Checking for the Right to Work

When does a right to work check need to be done?

  • Right to Work checks must be done for all prospective employees prior to their first day of employment.
  • A right to work check must be done irrespective of the length of the engagement or employment contract.
  • A check must be done each time the person is engaged by the University. We cannot reuse previous right to work checks.

What is an acceptable right to work check?

  • Only documents from lists A or B of the attached document are acceptable evidence of a right to work
  • The most up to date version of this list will always be on the Home Office website.
  • Documents not listed will be rejected and delay the employee’s start date. 

How to conduct a right to work check?

Step 1: Obtain original versions of one or more of the acceptable documents;

Step 2: Check the original documents in the presence of the holder of the documents; 

Step 3: Make copies of the documents, retain copies and a record of the date on which the check is made.

  • All documents must be clear and legible in a format which cannot later be altered.
  • All right to work checks must be signed and dated by the person checking the document.
  • The following statement must be used to certify that the original has been seen:

“the date on which this right to work check was made was [insert date]”. 

Employing non-EEA nationals on visas

Non-EEA nationals who are in the UK on a visa may be able to work for Queen Mary depending on the conditions of their visa. 

Tier 4

Tier 4 visa issued for full-time degree level studies allows students to work for a maximum of 20 hours per week during term-time. This is a maximum of 20 hours in total in any one week, including paid or unpaid work and for one or more organisation. The 20 hours cannot be averaged over a longer period.  A 'week' is defined by the Home Office as a period of 7 days beginning with a Monday. Please note that the definition of term time will vary depending on the student’s level of study.

Tier 2

A tier 2 visa holder, not sponsored by Queen Mary, may be able to work for the University where the following requirements are met:

  • The job is either included on the Shortage Occupation List, or is in the same profession and at the same professional level, as the work for which their Certificate of Sponsorship was assigned; and
  • Is for no more than 20 hours per week; and
  • Conducted outside of the normal working hours for which their Certificate of Sponsorship was assigned. The individual must be continuing to work for their sponsor. 

In addition, they must continue to work for their sponsor in the job recorded on their Certificate of Sponsorship. Please contact HR before engaging anyone on a Tier 2 visa; we will also require sight of the following documents:

  • Their right to work documents
  • Their Certificate of Sponsorship
  • Confirmation from their employer that this role will not interfere with their regular employment

Employing non-EEA Nationals with Indefinite Leave to Remain

Endorsements showing that the prospective employee is exempt from immigration control, is allowed to stay indefinitely (ILR) in the UK, or has no time limit on their stay in the UK can only be relied on if they are in a current passport.

Where someone has an expired passport endorsed to show that they are exempt from immigration control, is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK (whether in the form of a stamp or a visa) they will need to submit a No Time Limit application to the Home Office to be issued with a BRP, showing that they have Indefinite Leave to Remain/ No Time Limit on their stay in the UK.

Employing Refugees and Asylum Seekers

Please note that refugee and asylum seekers require additional evidence before we can establish whether they can work in the UK.  Refugees are generally issued a Blue British Travel Document and a Biometric Residence Card.  We require sight of both of these documents, the travel document alone is not evidence of a right to work. 

Asylum seekers are issued with an Application Registration Card (ARC), which will look the same as a BRP.  This alone is not evidence of a right to work; HR will also need to contact the Home Office via the Employer Checking Service to confirm any right to work. Please contact HR before employing anyone considered a refugee or asylum seeker.

If a refugee or asylum seeker is unable to work it will be stated on the BRP / ARC.

If there are any doubts about someone’s ability to work in the UK, please contact HR prior to the person undertaking any work.

EU Settlement Scheme

In advance of the UK’s exit from the EU, the UK government has committed to protect the rights of EU citizens and their family members currently living in the UK. This includes the right to live here, work here and access public services such as healthcare and benefits.

Launched in March 2019, the EU Settlement Scheme is designed to protect the rights of EEA and Swiss nationals resident in the UK.  

The EU Settlement Scheme provides an online status confirming an individual's right to work in the UK. 

Checking for EU Settled Status

There is no requirement for EEA and Swiss nationals to confirm that they have EU Settled Status at this time, however it can be used to prove a right to work.  From January 2021 onwards we will need to check this system in addition to checking a passport copy. 

EU Settled Status can be checked online on the Government website.  The individual will provide you with a "share code" which you can use to access their online account. 

 

Return to top