Who is Eligible to Work in UK? What Documents are required?

How can you get a job in the UK?

There are many rules regarding how to work in the UK, and there are many regulations in place that regulate the employment and the hiring conditions in the UK. It must be noted that any person looking to work in the UK or to gain employment in the UK will need to be eligible for either to work in the country without any documents or should be eligible to work in the country after showing the relevant documents.

If any person is found to be working in the country without the relevant documents or fails to show the documents are prescribed by the law as necessary to find employment in the country, or if the law finds an employer who hires workers without the relevant documents, will be liable to strict punishments.

Who is eligible to work in the UK?

The following kinds of people are eligible to work in the UK without showing any documents for immigration or other immigration-related documents required for work in the UK:

• A British Citizen
• Swiss Nationals
• A citizen of any of the country included in the EEA (European Economic Area) excluding Croatia.

The citizens of the EEA are eligible to find work and stay in the EEA without any permission or notice. However, the citizens of Croatia are allowed to enter the UK freely but still need a work permit and other documents to work in the country.

What are the implications of hiring an illegal worker?

An illegal worker is an immigrant without the permit and the right to work. Furthermore, it also means that such a worker is working without proper documentation, which makes it illegal for the person to work under any case. If a worker is found to be working illegally in the UK the person may be deported.

Furthermore, the employer will be liable to a civil penalty as per the law, and the quantum of the payment will depend on the law.

How to check if a person can work in the UK or not?

As per the UK Border Agency (UKBA), there are two lists which determine the documents that are required to be checked by the employers before they hire a person for work. List A and List B with its two groups spell out the documents required by any person to be hired in the UK. Additionally, it may so happen that when the employee satisfies the requirements of List A, the employee may be asked to show some documents from List B as well.

To find out more about the lists and the right to work in the UK refer to this link ->

www.gov.uk/government/uploads/system/uploads/attachment_data/file/378926/empl oyers_right_to_work_checklist_november_2014.pdf

What is required to be done?

When an employer is hiring a person, the employer should, in his opinion, conduct a full and thorough check of the documents that are required under the various lists published by the UK Border Agency (UKBA). It must be kept in mind that the employers are not supposed by an expert when it comes to scrutinizing forged papers. However, they are expected to check and perform at least a diligent visual check of the documents.

When the prospective worker gives you proof from List A, you have a statutory proof against the civil penalty that may have been imposed on the employer. Furthermore, the employer may now ask for the documents mentioned in the List B as published by the UK Border Agency (UKBA).

Here is what you will be required to do as an employer:

• Ask the prospective employee to collect all the documents and ask when they can come in for an interview.
• Scrutinize the documents given to you and ensure they are valid.
• Satisfy yourself that the documents provided by the employee are true and fair and have not been tampered with.
• Furthermore, make sure that the photographs attached to the documents, the birth dates and other information mentioned in the documents are true and fair.
• Compare the details on the job application and the documents provided to you by the prospect employee, to make sure that all in information adds up.
• When all the documents have been showed, checked and found to be correct, the employer shall offer a job and allow the worker to work in their establishment.

If there are any issues regarding the information or the documents provided by the employee to you, then an employer can call on 0300 123 4699, the helpline number to contact the UKBA Sponsorship and Employers.

Are there any instructions to be followed?

When an employer hires an employee who is required to furnish documents as given under List B as provided by the UK Border Agency (UKBA), then it is recommended that the employer should check the validity of the documents once in every 12 months to make sure that the employee’s visa and work permit are still valid.

What happens if the prospective employee cannot show the relevant documents?

If the employee cannot show the employer the relevant documents for the following reasons, the employer will have to contact the Home Office for the details required for the employee’s employment:

• They can’t show you their documents because of an outstanding appeal in the Home Office.
• They have a Certificate Application.
• They have an Application Registration Card.

Other than this, when an employer contacts the Home Office for details, the employer will also have to furnish some details that are mentioned below:

• Business type
• Contact details for the business
• Business Name

Are there any rules for keeping information on the employees with work permit or of different nationality?

As per the rules prescribed in the UK, when you hire a person in the UK who is not eligible to work in the country without permission, you must take copies of the documents submitted to you by these employees. The documents should be stored electronically in a non-writeable disk. Furthermore, you need to maintain these records safely for at least two years after such an employee leaves work.

Can an employer retain original copies of the documents submitted by the employee?

The employer has the right to retain original copies of the employee’s documents in only two conditions:

• When the employee submits a P45 as a part of the documents, the employer will have to retain the Part 2 of the documents submitted by the employee for three years to comply with the regulations of the HM Revenue & Customs rules.
• Other than this if the employer hires a person only for a day or for less than 24 hours, the employer can retain the documents in the original form as long as the employee works for the employer and utilizes the facilities provided to the employee by the employer.

How can I contact the Home Office?

If you need assistance or some help from the Home Office, then here is the contact number and the working hours of the Home Office:

About the author

Sumit Agarwal
Sumit Agarwal (ACMA ACA India), the Managing partner of dns accountants is a highly respected accountant with expertise in helping owner-managed businesses.