It's essential that when you're recruiting you see the original ID documents and take copies in all cases before employment commences and that the documents produced relate to the individual in question. The documents should be photocopied, and the copy you retain annotated to certify that it's a true copy of the original and should be signed and dated. There are 2 lists against which documents must be checked, or the candidate may provide you with a 'share code'.
For applicants that start work on or before 30 September 2022 (inclusive) there are temporary changes to the way you can check the documents. You can ask for the documents digitally and make the checks on a video call. For more information see the right to work checklist.
List A establishes that the person has an ongoing right to work in the UK and List B indicates that the applicant or employee has restrictions on their entitlement to be in the UK.
You are required to check (refer to steps 1 to 3 for checking documents in the right to work checklist) and copy one, or a specified combination, of original documents from List A or List B. A copy will need to be taken and endorsed 'original seen', signed and dated by the person checking the original before forwarding to HR Services. Unless advised otherwise by HR Services this should be carried out for all successful candidates whether internal or external prior to the commencement of their employment.
If the employee presents a document from List B (that demonstrate that the person has been granted leave to enter or remain in the UK for a limited period), you must carry out follow-up checks by repeating steps 1 to 3 at least once every 12 months. A copy will need to be taken and endorsed 'original seen', signed and dated by the person checking the original before forwarding to HR Services.
A national insurance number (NI) check is not an adequate check and may only form part of the check when produced in combination with other specified documents.
The NI number must be a permanent NI number. The following numbers do not provide evidence that a person has a permanent NI number:
- a document with an invalid NI number that ends with the letters E to Z inclusive
- a document with a temporary NI number beginning with TN
- card or certificate from the Inland Revenue under the Construction Industry Scheme
You can check guidance on how to check a 'share code'. As well as the code you will also need to have the person's date of birth. You should save a copy of the confirmation that the person has the right to work in the UK and then send this to HR Services.
In any instance where the person provides documents in different names you also need to see and retain copies of the supporting documents showing why they are different (for example, a marriage certificate).
Sponsor licence
We don't currently hold a sponsor licence and candidates will need to produce relevant documents from the right to work checklist, provide a 'share code', or have a graduate visa or student visa.
Graduate visa
The graduate visa is available to international students who completed a degree in the UK from summer 2021. This will enable international students to remain in the UK and work at any skill level for 2 years after they have completed their studies. It will be an unsponsored route. International students who complete a PhD from summer 2021 can stay in the UK for 3 years after study to live and work.
Students
Where a student has a student visa they may be allowed depending on what they are studying and if they are working in or out of term time. During term time the visa normally specifies the maximum number of hours the person can be employed for.
Their entitlement to work full time outside of term time only applies if they are following or have completed, the required course of study. You are required to obtain and retain evidence of their academic term dates. Acceptable evidence to be one of the following:
- a printout from the student's education institution's website or other material published by the institution setting out its timetable for the students course of study, or
- a copy of a letter or email addressed to the student from their education institution confirming term time dates for the students course, or
- a letter addressed to you as the employer from the education institution confirming the term time dates for the student's course
In exceptional circumstances, for example where the student is following a course timetable which differs from that published, you'll need to obtain bespoke evidence from the sponsor.
Where you are employing a student on a work placement which forms an integral part of their course, you may require a written agreement with the student's education institution about the work placement. This agreement must be retained as evidence that the student's work placement does not exceed the time permitted for this activity.
Volunteers
Individuals who have been granted immigration permission to be in the UK are permitted to volunteer. This includes visitors who can volunteer for a registered charity for a maximum of 30 days during their visit, but volunteering cannot be the main purpose of their visit. However individuals who have limited permission to work in the UK may not carry out any voluntary work. As the legal distinction between volunteering and voluntary work can be quite complex it is recommended that you seek legal advice for your specific activity.
An individual who is not permitted to work might commit a criminal offence by engaging in voluntary work if they are subject to contractual obligations. In such circumstances, the employer might also be liable for a civil penalty for employing an illegal worker.
Exceptions to this are people holding a student visa who are aged 16 and over can do voluntary work if they are permitted to work, but this work and any other (for example paid) work must not exceed the total number of hours they are permitted to work during term time. For example, if a student is permitted to work 20 hours a week during term-time and has paid work of 15 hours a week during term time, they can't do more than 5 hours voluntary work. If they are not permitted to work they can't do voluntary work.
If you have any questions or need clarification please contact HR Services tel: 01629 535118.