Right to Work in the UK
Right to work in the UK guidance for candidates
We have a legal responsibility to ensure that all our employees have the legal right to live and work in the UK. We will therefore need to check before we can make you an offer of employment, that you are eligible to work in the UK.
Check if you have the right to live and work in the UK
If you are a citizen from the United Kingdom you have the right to work in the UK. We will be able to complete a manual check for UK and Irish nationals using a passport, or other valid documents, as proof of right-to-work. Please see the list of valid documents you can use for proof of right to work in the UK below.
As of 1st July 2021 we can no longer accept EU passports or ID cards as valid proof of right-to-work, with the exception of Irish citizens. EU, EEA and Swiss nationals commencing employment from 1st July 2021, will have needed to either have successfully applied under the EU Settlement Scheme (EUSS) for settled or pre-settled status or be eligible for a visa under the new UK immigration system. Irish nationals are not required to apply through the EUSS and will continue to have the legal right to work in the UK under the Common Travel Area rights and privileges.
The way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker (FWP) holders evidence their right to work has also changed. Candidates commencing from 6th April 2022, BRC, BRP and FWP holders will evidence their right to work using the Home Office online service. Presentation of a physical document will no longer be acceptable.
This means for employees that are commencing employment from 6th April 2022, we will no longer be able to accept or check a physical BRP, BRC or FWP as valid proof of right to work, even if it shows a later expiry date.
Immigration status online check
Candidates from the EU, European Economic Area (EEA), Swiss citizens and holders of either a Biometric Residence Card (BRC), Biometric Residence Permit (BRP) or Frontier Workers Permit (FWP) need to complete an online check to create a unique share code which you can generate at GOV.UK.
To generate your share code you will need one of the following:
- your biometric residence permit number
- your biometric residence card number
- your passport or national identity card
Using your unique share code and date of birth we will be able to check:
- the types of job you’re allowed to do
- how long you can work in the UK for
Individuals must select one of three options which creating a share code for sharing their immigration status:
- To prove their right to rent in England
- To prove their right to work in the UK
- For another reason
Each share code can only be used for the purpose it was originally selected for. For example, a share code generated to prove an individual's right to work can only be used in the 'View a job applicant's right to work details' online service. If the same code is entered into the 'View a tenant's right to rent in England' service, the share code will not work.
- 'R' - this will indicate that the share code has been generated by an individual to evidence their right to rent.
- 'W' - this will indicate that the share code has been generated by an individual to evidence their right to work.
- 'S' - this will indicate that the share code has been generated for another reason other than rent or work.
This will enable employers and employees to be confident that the correct share code has been generated and avoid confusion when using the services.
If you don’t have the right to work in the UK
If you don’t already have the legal right to work in the UK, you are still welcome to apply for a job with Inspiration Trust. We strongly recommend that you use the Home Office website to review the legal requirements of working in the UK as this will give you an indication of whether you may be eligible to work in the UK under the Points Based System (PBS) for immigration.
We will assess all job applications using criteria based on the knowledge, skills and experience needed for the post. It is a condition of any offer of employment we make to you that you have, or gain, permission to work in the UK. By law, you will not be able to start working for us until you are able to provide evidence that this permission has been granted.
If you intend to seek permission to work in the UK via a Tier 2 (General) or Skilled Worker visa, you must first obtain a Certificate of Sponsorship from the Trust. There are requirements that must be met, such as the job being skilled to at least degree level (under Tier 2) or RQF Level 3 (under the Skilled Worker route) and that it meets the minimum salary requirement for the role and any route specific criteria as stated in the Home Office rules.
Why you need to bring evidence of your right to work to your interview
The Immigration Act 2014 requires employers to check documents to establish a person’s eligibility to work in the UK and comply with any restrictions. Under the Act, we are required to check your eligibility before you start work. We ask all candidates to bring proof of their right to work document(s) to their interview.
It is also Inspiration Trust policy that all members of staff will be subject to an Enhanced DBS check prior to commencing in the role; in order to complete this we require copies of 3 forms of ID (one of which may be your Proof of Right to Work document). Please see the list of valid DBS documents below. We will ask you to bring your original ID documents to your interview for copying. Once an offer has been made we can then start your Enhanced DBS check without delay.
We will take copies of your documents, if you are successful at interview, we will keep these documents on your personnel file. If you are not successful, we will shred the documents.