Checking a job applicant's right to work (2024)

You must check that a job applicant is allowed to work for you in the UK before you employ them.

You can:

  • check the applicant’s right to work online, if they’ve given you their share code
  • check the applicant’s original documents

You can also check an applicant’s right to work by using an identity service provider that offers Identity Document Validation Technology (IDVT). You can find out more about IDVT in the employer’s guide to right to work checks: 28 February 2023.

British and Irish citizens cannot get an online share code to prove their right to work. You’ll need to check their original documents - for example, their passport or passport card - or use an identity service provider instead.

You do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.

You’ll also need a sponsor licence to employ EEA and Swiss citizens coming to the UK to work from 1 January 2021.

You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check.

You must not discriminate against anyone because of where they’re from. Sign up for email updates about the right to work policy.

Checking the applicant’s original documents

  1. Ask to see the applicant’s original documents. You can no longer accept biometric residence cards or permits. Ask the applicant for a share code instead.

  2. Check that the documents are valid with the applicant present.

  3. Make and keep copies of the documents and record the date you made the check.

What to check

You need to check that:

  • the documents are genuine, original and unchanged and belong to the person who has given them to you
  • photos are the same across all documents and look like the applicant
  • dates of birth are the same across all documents
  • if 2 documents give different names, the applicant has supporting documents showing why they’re different, such as a marriage certificate or divorce decree

If the applicant is not a British or Irish citizen, you’ll also need to check that:

  • the dates for the applicant’s right to work in the UK have not expired
  • the applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)
  • for students you see evidence of their study and vacation times

Read the guidance on how to carry out right to work checks and what documents you can accept.

Follow-up checks

If your employee’s right to work is time-limited, you’ll need to check their documents again when it’s due to expire.

Taking a copy of the documents

When you copy the documents:

  • make a copy that cannot be changed, for example a photocopy
  • make sure the copy is clear enough to read
  • for passports, copy any page with the expiry date and applicant’s details (for example nationality, date of birth and photograph) including endorsem*nts, for example a work visa
  • for all other documents you must make a complete copy
  • keep copies during the applicant’s employment and for 2 years after they stop working for you
  • record the date the check was made

Make sure you follow data protection law.

If the job applicant cannot show their documents

You must ask the Home Office to check an employee’s or potential employee’s immigration status if they cannot show their documents or online immigration status.

This could be, for example, because they:

  • have an outstanding appeal, review or application with the Home Office
  • arrived in the UK before 1989 and do not have documents to prove their immigration status or right to work

You must also ask the Home Office to check their status if they have:

  • a digital or non-digital Certificate of Application that says you need to ask the Home Office to check their right to work
  • an Application Registration Card

Application Registration Cards must state that the work the employer is offering is permitted.

The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. You must keep this document.

If you need more help

Read the employer’s guidance on right to work checks if you need more help.

You can also contact the Home Office.

Employer Enquiry helpline
Telephone: 0300 790 6268
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges

For application questions as a business (or representative) or a Tier 1 investor, contact the business helpdesk.

Business helpdesk
businesshelpdesk@homeoffice.gov.uk

For application questions if you’re an educational provider or student sponsor, contact the educators helpdesk.

Educators helpdesk
educatorshelpdesk@homeoffice.gov.uk

Checking a job applicant's right to work (2024)

FAQs

How do you answer employment verification questions? ›

Stick to the basics like dates of employment and the position your former employee held. Beyond that, remember that the best way to protect your company from related litigation is to make sure the only information you share is truthful and supported by records in the employee's file.

How to verify employment eligibility? ›

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens.

How do I prove my right to work while an application is being processed in the UK? ›

You can apply for a share code to prove your right to work. You can also use a physical certificate of application from the Home Office to prove your right to work if you have one. You'll need to show your certificate to your employer who will use it to check your immigration status with the Home Office.

How do employers verify employment history? ›

Some hiring managers do it themselves, reaching out directly (typically via phone) to your current or previous employers to request official verification. Alternatively, employers may use professional background screening firms and/or an employment verification service such as The Work Number® from Equifax.

What question are asked for employment verification? ›

On which duties does/did the applicant spend most of his/her time working? How would you describe the applicant's work standards? What do you feel are the applicant's strengths? What do you feel are the applicant's weaknesses, limitations or areas in need of improvement?

What is an example of employment verification? ›

Employment Verification Template

Dear Mr./Ms. Last Name, This letter is to verify that (employee name) has been employed at (company name) since (start date). If you require any additional information regarding (employee name), please feel free to contact me at (your phone number).

What is a employment verification check? ›

Employment verification allows employers to verify their applicants' work histories and confirm the information they have reported on their applications and resumes. • Employers can complete employment verification by taking a do-it-yourself approach, or partnering with a trusted third-party background check company.

What is proof of employment verification? ›

What is proof of employment? Employment verification is the process of confirming an individual's current or past employment with their employer. This is done through the distribution of proof of employment documents created by the employer on company letterhead.

What is verified during employment verification? ›

Employment verifications confirm a candidate's previous work history, including past employers, dates of employment, and positions held. A professional reference check provides a more in-depth look at a candidate's work experience and character through interviews with previous employers or colleagues.

How do employers verify the legal rights of applicants to work in the United States? ›

Immigration Reform and Control Act (IRCA)

Requires employers to ensure applicants are legally employable in the United States. Requires employees to complete an Employment Eligibility Verification Form (I-9 Form).

Is a US passport proof of right to work? ›

Photo Identification

You can use any document from the following list: State identification (ID) card. Driver license. US passport or passport card.

What is a document that shows employment authorization? ›

An Employment Authorization Document (EAD) is sometimes referred to as a work permit — or, more officially, Form I-766. With this document, you can prove that you are eligible to work legally in the United States.

What if I lied about my employment history? ›

Lying on your resume may result in consequences such as termination or legal ramifications. Employers can tell you're lying on a resume by conducting background checks and contacting your references.

What is HR allowed to ask from previous employers? ›

Besides asking if the former employee is eligible for re-hire, employers may ask additional questions, such as “What were the circ*mstances surrounding his termination?” They may also ask “Is she/he under a non-compete contract or are they free to come to work for us because we're in the same industry?” This ...

Can employers see if you were fired? ›

Most often, you'll find out information such as a candidate's dates of service, job description, and job title. However, there are no state laws or federal protections that say employers can't tell you when they fired someone.

Do I have to respond to employment verification requests? ›

Employers who fail to respond to federal employment-verification requests can suffer fines and denial of government contracts for up to one year. Failure to complete an employment-verification request from another third party can dilute trust with current and former employees alike.

How do you answer probability of continued employment on verification? ›

When answering the question of continued employment, anything other than a solid, “yes,” or “very likely,” might alarm the applicant. Remember: The applicant's job performance isn't the focus of this question—the verifier is simply asking about whether the applicant will have a stable income months from now.

What is checked in employment verification? ›

Employment verifications confirm a candidate's previous work history, including past employers, dates of employment, and positions held. A professional reference check provides a more in-depth look at a candidate's work experience and character through interviews with previous employers or colleagues.

How do I complete a request for verification of employment? ›

How to request an employment verification letter
  1. Find out who sends employment verification letters on behalf of your employer. ...
  2. Follow your employer's procedures for requesting employment verification letters. ...
  3. Be specific about details you need. ...
  4. Provide the recipient's mailing address. ...
  5. Give your employer plenty of notice.
Apr 5, 2023

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