Advice for non-UK based applicants

Prevention of illegal working: Immigration, Asylum and Nationality Act 2006

It is a criminal offence to employ someone, aged 16 or over, who has no right to work in the United Kingdom, or no right to do the work the organisation is offering.

The Council will require evidence to establish a person’s right to work in the United Kingdom. The documents that establish someone’s entitlement to work are spilt into two lists:- List A and List B.

  • List A documents show that the holder is not subject to immigration control, or has no restrictions on their stay in the UK.
  • List B documents demonstrate that the person has been granted leave to enter or remain in the UK for a limited period of time and/or has restrictions on their ability to take employment in the UK.

 

List A

  1. A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of adobe in the United Kingdom. a passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of adobe in the United Kingdom
    • A passport stating the holder is a citizen of the United Kingdom and Colonies can only be accepted if it includes the words “holder has the right of abode in the United Kingdom”.
    • Certain Commonwealth citizens and citizens with dual nationality have the right to abode in the United Kingdom and do not have any immigration restrictions placed on the work they can do here.
  2. A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.
  3. A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
  4. A permanent residence card or document issued by the Home Office to the family member of a national of a European Economic Area or Switzerland.
  5. A Biometric Residence Permit issued by the Home Office to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the United Kingdom.
  6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.
  7. An Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the persons National Insurance Number and their name issued by a Government agency or a previous employer*.
  8. An original full birth certificate or full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer*.  Short birth certificates which do not have details of either of the holder’s parents are not acceptable.
  9. A birth certificate or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer*.
  10. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer*.  The A4 certificate must describe the holder as a British Citizen.
  11. A letter issued by the Home Office to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer*.  The letter must clearly state that the holder is able to take up employment.

 

List B

  1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question.
  2. A Biometric Residence Permit issued by the Home Office to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.
  3. A residence card or document issued by the Home Office to a family member of a national of a European Economic Area country or Switzerland.
  4. A work permit or other approval to take employment issued by the Home Office when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office to the holder or the employer or prospective employer confirming the same.
  5. A certificate of application which is less than 6 months old, issued by the Home Office to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment together with a positive verification letter from the Home Office’s Employer Checking Service.
  6. An Application Registration Card issued by the Home Office stating that the holder is permitted to take employment, together with a positive verification letter from the Home Office’s Employer Checking Service
    • If the holder is permitted to work it will state “ALLOWED TO WORK” or “EMPLOYMENT PERMITTED” on both sides of the card.  If the card states “FORBIDDEN FROM TAKING EMPLOYMENT” or “EMPLOYMENT PROHIBITED” on either side the holder cannot work unless they can otherwise demonstrate their entitlement to work in the UK.
    • A Standard Acknowledgement Letter (SAL) or Immigration Service Letter (IS96W) cannot be accepted as evidence that an asylum seeker has permission to work.
  7. An Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer*.
  8. A letter issued by the Home Office to the holder or the employer or prospective employer which indicates that the person named in it can stay in the United Kingdom and is allowed to the work in question when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or previous employer*.

* Examples of an official document would be a P45, P60, National Insurance Number Card or a letter from a Government Agency.  A Government Agency can be defined as:- HM Revenues and Customs (formally known as the Inland Revenue), Department for Work and Pensions, Jobcentre Plus, Training & Employment Agency (Northern Ireland) or Northern Ireland Social Security Agency.