Staff Immigration Team
Right to Work Checks
A comprehensive guide for colleges
March 2015
Staff
Immigration
Team
Staff Immigration Team
Staff Immigration Team
James Baker – Staff Immigration Team Leader
Tel: (2)89908 / email james.baker@admin.ox.ac.uk
Natalie Goldsmith – Staff Immigration Officer
Tel: (2)89912 / email natalie.goldsmith@admin.ox.ac.uk
Tim Currie – Staff Immigration Officer
Tel: (2)89903 / email tim.currie@admin.ox.ac.uk
Staff Immigration Assistant
Tel: (2)89904
Humanities / MPLS / Colleges A – P
Lisa Crook – Staff Immigration Assistant
Tel: (2)89919 / email lisa.crook@admin.ox.ac.uk
Medical Sciences / Social Sciences / Colleges Q – W
David Richardson – Staff Immigration Admin Assistant
Tel: (2)89926 / email david.richardson@admin.ox.ac.uk
Website: http://www.admin.ox.ac.uk/personnel/permits/
Staff Immigration Team
What we do
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Advise departments, colleges and migrants on Tier 2 and Tier 5 process and
requirements.
Process Tier 2 and Tier 5 Certificate of Sponsorship applications.
Process Tier 2 and Tier 5 leave to remain applications on behalf of migrants.
Hold all data for Tier 2 and Tier 5 migrants centrally.
Advise departments and colleges on right to work in the UK.
Advise departments and colleges on visitor immigration.
Manage complex cases and matters of non-compliance with external legal
input where necessary.
Provide regular training on Tier 2, Tier 5, right to work and visitors.
Report to the Audit and Scrutiny Committee on immigration and right to work
compliance.
Represent the collegiate University’s comments and concerns with
immigration policy to the Home Office.
Staff Immigration Team
Current news
Staff Immigration Team
Content
• Why do right to work checks? - legislation and policy
• Consequences of non-compliance
• Who needs a right to work check?
• Casuals (incl. tutors and students)
• Documents which give permission to work
• How to complete a right to work check
• Summary
Staff Immigration Team
Legislation and Policy
Staff Immigration Team
Legislation
Immigration, Asylum and Nationality Act 2006
• Right to work legislation came into effect on 27 January
1997
• Updated in February 2008
• Latest update to the Act – May 2014
Staff Immigration Team
Purpose of the legislation
• Make it harder for people with no right to work in
the UK to gain or keep employment
• Put the responsibility onto employers to prevent
illegal working
• Make it easier for the Home Office to sanction
employers who employ illegal workers
•Provide employers with a statutory excuse against
sanction
Staff Immigration Team
Consequences of non-compliance
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Impact on Tier 2, Tier 5 and Tier 4 (student) sponsor licences
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Licences withdrawn - all sponsored workers and students will be required to leave
the University and the UK
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Licences downgraded – revocation of some benefits of holding Highly Trusted
Sponsor status
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Prevent the recruitment of international talent (students and employees)
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On-the-spot fines of up to £20,000 for each illegal migrant
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Up to 2 year prison sentence and/or an unlimited fine
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Financial and reputational loss
A breach of Home Office requirements from a single college or
department (including those who do not have any Tier 2 or Tier 5
sponsored migrants) may result in serious consequences for entire
Collegiate University.
Staff Immigration Team
What is an illegal worker?
A person who is “subject to immigration control” (i.e.
requires a visa to work in the UK) and:
• does not hold the necessary visa to work in the
UK and/or
• is working in breach of their visa conditions (i.e. in
a role in which their visa doesn’t cover/ for more
hours than their visa permits)
Staff Immigration Team
Who needs a right to work
check?
Staff Immigration Team
Who needs a RTW check?
The following MUST HAVE a right to work check:
• Employees paid through payroll
• Casual staff paid through payroll
• Anybody else who gets a payslip
• All Tier 5 migrants
The following DO NOT need a right to work check:
• Anybody working entirely outside of the UK
• Self employed (HMRC rules)
• Agency (done by Agency)
• Temporary Staffing Service (done by TSS)
• Business Visitors from overseas coming for 1 day or less
• Visitors from within the UK or EEA
• Anybody who has been continuously employed since before 27 January 1997
The following SHOULD have an immigration status check:
• Anybody to whom you have issued a letter to facilitate an Academic, PPE (Permitted
Paid Engagement) visitor visa application/entry
• Anybody to whom you have issued a letter to facilitate Business Visitors visa
application/entry (unless coming for very short visit, i.e. to attend a one-day conference)
• Anybody doing Work Experience
• Voluntary workers
Staff Immigration Team
Avoiding discrimination
• RTW checks apply to everyone
• Cannot make assumptions of a person’s nationality on the
basis of name, race, appearance etc.
• Race Relations Act 1976, employers are required to treat all
job applicants equally. Home Office advises that a right to
work check should be completed for all prospective
employees, and at the same stage of the recruitment
process.
• The collegiate University risks sanction under the Race
Relations Act if employees/ prospective employees are
treated differently on the grounds of race.
Staff Immigration Team
List A and List B documents
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Two lists of documents provided by the Home Office which can be accepted as proof of
right to work
Only documents on these lists are acceptable
Every employee and casual must provide one of the documents on the lists before work
commences
List A documents:
• Permanent proof of right to work – no repeat checks required during employment
• British/EEA passport and indefinite leave to remain visa holders
List B documents:
• Time limited right to work – a repeat check must be done for ALL List B’s before the
document expires if employment is expected to continue
• Work visa/ Biometric Residence Permit holders i.e. Tier 1, Tier 2, Tier 4/student, Tier 5,
dependant visa
See https://www.gov.uk/government/publications/acceptable-right-to-work-documents-anemployers-guide for photographs
Staff Immigration Team
New employees, casuals and Tier 5
• Right to work check must be completed before work starts – report
to relevant HR/ admin person on first day before starting work
• No statutory excuse if right to work check is done after work starts
and person is found not to have right to work
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Processes must be in place within each college to sufficiently
manage right to work checks for all staff, casuals and relevant
visitors (this will be audited)
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Send copies of right to work documents for any sponsored Tier 2 or
Tier 5 sponsored migrants to SIT
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Keep an up to date list of List B document holders, visa expiry date
and type of visa
Staff Immigration Team
Casuals
Process
• Complete right to work check before work starts
• Fill in new casual payroll form and send to casual payroll
• Future state (early 2015) – casual will not be paid unless
right to work information is completed on the casual payroll
form
• Cannot be considered a casual for longer than 12 weeks
(University policy)
Staff Immigration Team
Repeat engagements of casuals
Where a department would like to engage a casual again either as a casual or an
employee, the following rules apply for checking right to work:
Where the individual is a List A document holder, the college may rely on the previous
right to work check if you retained copies of the previous right to work check.
Where the individual is a List B document holder, the college must complete a new right to
work check before each new engagement commences. This applies to all List B document
holders (Tier 1, Tier 2, Tier 4, Tier 5, dependant, spouse etc.)
Why do we need to do another check for a List B document holder who has been
employed before?
• Some visas carry restrictions on hours/ types of work and you need to check that the
new engagement does not breach those restrictions
• The visa holder’s status may have changed (e.g. they may have changed from a
dependant to a student in which case they will have new restrictions on their visa)
Staff Immigration Team
Tutors
• Mechanism for recording right to work for tutors is
currently being reviewed by a Working Group
• Carry on using spreadsheet for now
• May rely on right to work check done by another
college where:
• The individual is a List A document holder AND
• The spreadsheet record has been completed
in full
• For out tutors who are List B document holders
(including Tier 4 students) a right to work check
must be completed by each employing college
Staff Immigration Team
Tier 4 students
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Note restrictions on hours - usually permitted to work 20 hours per week during
term time and full time during vacations
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Evidence of term and vacation dates required:
• Printout from the student’s education institution’s website or other material
published by the institution confirming its term and vacation dates for the
student’s course of study. You must also check the web link to confirm it is
genuine, OR
• A letter or email addressed to the student from their education institution
confirming term time dates for the student’s course, OR
• A letter addressed to the department from the education institution
confirming term time dates for the student’s course.
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Declaration from student confirming that they are not working elsewhere in
excess of their permitted hours during term time required –
http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/rig
httowork/addstudent/
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New right to work check required before each engagement
Staff Immigration Team
Tier 4 students
Undergraduate students:
• Normally work to term dates
• Print out of institutions term and vacation dates sufficient
• Term dates for Oxford students http://www.ox.ac.uk/about/facts-andfigures/dates-of-term
Graduate students:
• Have year round study commitments
• Generally should not work in excess of 20 hours per week
• Print student paid employment guidelines at
http://www.admin.ox.ac.uk/edc/policiesandguidance/policyonpaidwork/
• Where a graduate student (who is a Tier 4 visa holder) wishes to work
beyond 20 hours per week, they must provide written permission from their
supervisor. Template supervisor permission letter at
http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorycheck
s/righttowork/addstudent/
If not Oxford students, check terms of study
Staff Immigration Team
Documents which prove a person’s
right to work in the UK
List A (permanent) and List B (timelimited)
Staff Immigration Team
EEA countries
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Lichtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Switzerland
United Kingdom
Nationals of these countries may reside and work freely in the UK –
List A document holders
Staff Immigration Team
List A documents
(1) A passport showing the holder is a British citizen/ a citizen of the UK
and Colonies having the right of abode in the UK.
• A person with right of abode has permission to live and work in the UK
without restriction
• A passport describing the holder as a British Dependent Territories Citizen
which states that the person has a connection with Gibraltar is not
acceptable evidence of right to work – rarely seen
• A passport describing the person as a Citizen of the UK and colonies will
only be acceptable if it contains the words ‘holder has the right of abode in
the UK’ – rarely seen
• Any certificate of entitlement to right of abode in the UK must be held in a
valid passport (i.e. the passport must be in date)
• British Nationals (Overseas) need a visa to work – List B not List A
Staff Immigration Team
List A documents
(2) A passport or national identity card showing the holder is a national of
a European Economic Area country or Switzerland.
• EEA and Swiss nationals are free to live and work in the UK without
restriction
• Croatian nationals require a registration certificate / proof of exemption in
order to take employment
(3) A residence permit, registration certificate or document certifying or
indicating permanent residence issued by the Home Office to a national
of an EEA country or Switzerland:
• Residence permits or registration certificates are blue (except for those for
Swiss nationals, which are pink) and contain the photograph of the holder
Staff Immigration Team
List A documents
(4) A Permanent Residence Card issued by the Home Office, to the family
member of a national of a European Economic Area country or
Switzerland:
• Family members of nationals of EEA/ Switzerland may hold a permanent
residence card
• The EEA national under which the family member has obtained permanent
residence, must be lawfully residing in the UK in order for the family member
to retain their rights to reside and work freely in the UK
Staff Immigration Team
List A documents
(5) A current Biometric Residence Permit issued by the Home Office to
the holder indicating that the person named is allowed to stay indefinitely
in the UK, or has no time limit on their stay in the UK:
• The Biometric Residence Permit is a micro-chipped credit card sized card
issued to non-EEA nationals who have spent a certain amount of time
residing in the UK (or who is the family member of a non-EEA national who
also holds indefinite leave to remain in the UK)
• Although this type of permit allows the holder to remain in the UK
indefinitely, the Biometric Residence Permit must be renewed every ten
years, so employers must check that the expiry date of the permit has not
lapsed
Staff Immigration Team
List A documents
(6) A current passport endorsed to show that the holder is exempt from
immigration control, is allowed to stay indefinitely in the UK, has the right
of abode in the UK, or has no time limit on their stay in the UK:
• Must be in a valid passport
• Usually in the form of a sticker in the holders passport.
• This type of endorsement has been in use since 2003
• You may also see various ink stamps endorsing a passport which may
permit the holder to indefinite leave to remain in the UK (but it must be in a
valid passport)
Staff Immigration Team
List A documents
(7) A current Immigration Status Document issued by the Home Office to
the holder with an endorsement indicating that the named person is
allowed to stay indefinitely in the UK or has no time limit on their stay in
the UK, together with an official document giving the person’s permanent
National Insurance number and their name issued by a Government
agency or a previous employer:
• Immigration Status Documents were replaced by Biometric Residence
Permits in 2012 but there are still some in circulation
• Evidence of the National Insurance Number must be in the form of an official
document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)
Staff Immigration Team
List A documents
(8) A full birth or adoption certificate issued in the UK which includes the
name(s) of at least one of the holder’s parents or adoptive parents,
together with an official document giving the person’s permanent
National Insurance number and name:
• Short birth certificates are not valid for this purpose.
• The full birth certificate must contain the details of at least one parent.
• Evidence of the National Insurance Number must be in the form of an official
document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.).
Staff Immigration Team
List A documents
(9) A birth or adoption certificate issued in the Channel Islands, the Isle of
Man or Ireland, together with an official document giving the person’s
permanent National Insurance number and their name issued by a
Government agency or a previous employer:
• The birth certificate must contain the details of at least one parent.
• Evidence of the National Insurance Number must be in the form of an official
document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)
Staff Immigration Team
List A documents
(10) A certificate of registration or naturalisation as a British citizen
together with an official document giving the person’s permanent
National Insurance number and their name issued by a Government
agency or a previous employer:
• A certificate of registration is an A4 certificate describing the holder as a
British Citizen
• Evidence of the National Insurance Number must be in the form of an official
document (i.e. a National Insurance Card, letter from HMRC, P45 or P60.)
Staff Immigration Team
List B documents
(1) A current passport endorsed to show that the holder is allowed to
stay in the UK and is currently allowed to do the type of work in
question:
• Sticker in the passport
• Some permits/visas contain restrictions on the type of work that the
holder can do, and/or, the place that they are permitted to work (e.g.
Tier 2 and Tier 5)
• Some permits/visas contain restrictions on the number of hours the
holder is permitted to work (e.g. Tier 4)
• Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS
dependant, spouse, UK Ancestry
• Passport and visa must be current (i.e. in date)
Staff Immigration Team
List B documents
(2) A current Biometric Residence Permit issued by the Home Office to
the holder which indicates that the named person can currently stay in
the UK and is allowed to do the work in question:
• A micro-chipped credit card sized card
• Some BRP’s contain restrictions on the type of work that the holder can
do, and/or, the place that they are permitted to work (e.g. Tier 2 and
Tier 5)
• Some permits/visas contain restrictions on the number of hours the
holder is permitted to work (e.g. Tier 4)
• Other types of visa include Tier 1, Tier 5 YMS, Tier 4 DES, PBS
dependant, spouse, UK Ancestry
• BRP must be current (i.e. in date)
Staff Immigration Team
List B documents
(3) A Residence Card issued by the Home Office to a non EEA/Swiss
national who is a family member of an EEA/ Swiss national or who has a
derivative right of residence:
• Non-EEA family members of EEA nationals may obtain permission to work
in the UK in the form of an EEA family permit.
• Simply proving relationship with an EEA national (i.e. by presenting a
marriage certificate) is not sufficient proof of right to work
Staff Immigration Team
List B documents
(4) A current Immigration Status Document containing a photograph
issued by the Home Office to the holder with a valid endorsement
indicating that the named person may stay in the UK, and is allowed
to do the type of work in question, together with an official document
giving the person’s permanent National Insurance number and their
name issued:
• This is usually a paper document containing a vignette indicating the
holder’s immigration status
• These are no longer issued (since 2012) but some may still be in
circulation.
• Evidence of the National Insurance Number must be in the form of an
official document (i.e. a National Insurance Card, letter from HMRC,
P45 or P60.)
Staff Immigration Team
List B documents
(5) A Certificate of Application issued by the Home Office to a family
member of a national of EEA/Switzerland stating that the holder is
permitted to take employment which is less than 6 months old together
with a Positive Verification Notice from the Home Office Employer
Checking Service.
• Family members of EEA nationals may apply for a residence card as
proof of their right to work in the UK
• Under European law, many of these applicants are permitted to work
whilst their application is being considered and are issued with a
Certificate of Application by the Home Office
• The certificate of application must be no more than six months old and
must be verified by the ‘Employers Checking Service’ before the person
can commence employment
• Employers checking service
https://www.gov.uk/government/publications/employer-checkingservice-form-check-employees-right-to-work
Staff Immigration Team
List B documents
(6) An Application Registration Card issued by the Home Office stating
that the holder is permitted to take the employment in question, together
with a Positive Verification Notice from the Home Office Employer
Checking Service:
• Usually issued to Asylum Seekers.
• The holder may have restrictions on the type of work they can do
and/or the number of hours they can work.
• The ARC must be verified by the ‘Employers Checking Service’ before
the person can commence employment.
• Employers Checking Service
https://www.gov.uk/government/publications/employer-checkingservice-form-check-employees-right-to-work
Staff Immigration Team
List B documents
(7) A Positive Verification Notice issued by the Home Office Employer
Checking Service to the employer or prospective employer, which
indicates that the named person may stay in the UK and is permitted to
do the work in question:
• Issued when an employer cannot check right to work because the
person’s passport and visa are with the Home Office in relation to an
outstanding application or appeal
• Positive Verification Notice valid for six months
• Employers checking service
https://www.gov.uk/government/publications/employer-checkingservice-form-check-employees-right-to-work
Staff Immigration Team
Not sure if List A or List B?
Ask SIT
Staff Immigration Team
How to complete a right to work
check
Staff Immigration Team
Right to work check process
1
Obtain RTW
document
2
Check RTW
document
3
Copy and retain
RTW document
4
Repeat RTW check
(List B’s only)
NB: Use the Right to Work Checklist at
http://www.admin.ox.ac.uk/personnel/recruit/preempcheck/compulsorychecks/right
towork/ to ensure you follow all of the required steps in full
Staff Immigration Team
Step 1: obtain document(s)
• Only documents from the Home Offices List A or List B are
acceptable proof of right to work
• Must see original document(s)
• Must see worker in person
• Those who work remotely must have an initial visit to Oxford
to present their right to work
• In exceptional circumstances, a right to work check can be
conducted via Skype/video link BUT the college must be in
possession of the employee’s original documents (passport,
visa etc.) when the right to work check via video link is
conducted
Staff Immigration Team
Step 2: check document(s)
• Document appears genuine – not expected to be experts but
should reject document if it is “reasonably apparent” that it is
not genuine/ does not belong to the holder
• Photographs and DOB consistent across documents and
with the appearance of the holder
• Visa in date and permits work in question (note Tier 4
restrictions on hours and Tier 2 and Tier 5 restrictions on
work)
• Check any difference in name – ask for further
documentation (i.e. marriage certificate)
Staff Immigration Team
Step 3: copy and retain document(s)
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Passports - copy all pages with photo, expiry date, nationality, DOB,
signature, visa, biometric details
All other documents – copy in full (both sides)
Sign, print name and date copy – include declaration to confirm originals
seen
Retain for two years after employment ends
Must be held securely
Keep copy of right to work documents attached to inside front cover of
Personnel files so that documentation can be found easily by SIT, external
auditors and the Home Office
Send copy of Tier 2 and Tier 5 RTW docs to SIT
If a List B document holder – add to your list of all List B document holders
Staff Immigration Team
Step 4: repeat check (List B only)
Applies to all List B document holders (Tier 1, Tier 2, Tier 4, Tier 5,
spouse, dependant etc.)
Not required if contract will not be extended beyond expiry date of
existing visa
What is a repeat right to work check?
• A document check to determine whether a worker can continue to
work beyond expiry date of their existing visa/document
• Must ensure that a new visa is received/ worker is in the process of
applying for a new visa before the exiting visa expires
NB: repeat checks are only required for LIST B document holders. No
repeat checks for List A document holders
Staff Immigration Team
Step 4: repeat check (List B only)
If extending contract beyond expiry of existing visa:
1.Contact worker approximately 3 months before expiry of
existing visa check that migrant plans to extend their visa
2. Before expiry of existing visa, complete RTW check using the
new visa (if available) following steps 1-3
Staff Immigration Team
Step 4: repeat check (List B only)
If by expiry date of existing visa the new visa is not yet received
from Home Office (and therefore you cannot complete a repeat
check using the new visa):
1.Seek and retain proof that the application was made to the
Home Office (e.g. HO acknowledgement letter, proof of postage)
before the existing visa expires.
2.Permission to work extended for 28 days while awaiting new
visa.
3.On/ before 21st day after original visa expired, complete RTW
check on the new visa (if available) following steps 1-3
Staff Immigration Team
Step 4: repeat check (List B only)
If by 21st day after expiry date of existing visa the new visa is still
not yet received from Home Office:
1.Contact Employers Checking Service to confirm application
received and RTW can continue
https://www.gov.uk/government/publications/employer-checkingservice-form-check-employees-right-to-work
2.Complete form and email to Home Office – email response
Positive/Negative Verification notice received within five days
3.Positive verification – right to work will continue for six months
whilst awaiting new visa. Negative verification – contact SIT
immediately
4.Complete RTW check using new visa once received and within
the six months time frame
Staff Immigration Team
Summary and process
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Right to work required for all employees, casuals and Tier 5 –
before work starts
Immigration checks required for Academic, Business and PPE
visitors - before visit/work starts
Ensure a demonstrable system is in place to record and monitor
right to work – the Home Office may expect to see this
Keep right to work information inside front cover of personnel files
for auditing purposes
Keep an up to date list of List B document holders and expiry dates
Be mindful of the significant risk to the collegiate University and
students and colleagues of non-compliance
Right to work and immigration is being closely monitored by the
Audit and Scrutiny Committee
Contact Natalie/James with any questions
Staff Immigration Team
Next steps
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Review process for recording right to work and immigration checks
for all staff, casuals and visitors
Ensure that your list of List B document holders is always up to
date and includes expiry date and type of visa
Suggest that anybody who has involvement in checking right to
work attends a training session if they have not already done so
Ensure your Key Contact is involved with any significant issues
Staff Immigration Team
Questions