Can Non-UK Citizens Pass a Right to Work Check?

The control of the right to work is mandatory by law in the United Kingdom, and employers must carry out such checks on all new hires. The objective of the control is to ensure that the person has the legal right to work in the country and to prevent the employment of illegal workers. We also offer training for HR, managers, and those responsible for the incorporation of new employees to ensure a consistent approach to carrying out their duties. A current document on immigration status containing a photograph issued by the Home Office to the holder with a valid endorsement stating that the named person can remain in the United Kingdom and is authorized to perform the type of work in question, together with an official document containing the person's permanent national insurance number and name issued by a government agency or a previous employer.

An application registration card issued by the Ministry of the Interior stating that the holder is authorized to accept the employment in question, together with a positive verification notification from the Employer Verification Service of the Ministry of the Interior. Ensuring that the correct procedures are in place to verify a job applicant's right to work in the UK, demonstrate that documents are valid, and carry out regular new checks when necessary should be a key priority in the pre-employment phase. Employers also have the option of using technologies such as identity verification and tracking (IDVT) to verify an individual's work permit. Your employer should only ask you to prove your right to return to work if you ask all your employees to do so.

The right-to-work digital checks guide states that it is the employer's responsibility to obtain the IDVT check from the IDSP. While it is possible for employers to conduct an internal verification process with the right people and technology, many high-growth companies prefer to outsource this task to qualified third parties. You will also be sanctioned if you did not carry out the necessary checks or did not check them properly before offering you a job. A positive verification notice issued by the Home Office's Employer Verification Service to the employer or prospective employer, stating that the named person can remain in the United Kingdom and is allowed to perform the work in question.

The updated guide includes information on verifying the right to work of citizens of the EEA and Switzerland during the grace period (from January 1 to June 30, 2002). If your employer fired you or withdrew your job offer for reasons related to your right to work, you may have been discriminated against. In some cases, not having the correct documents may be a valid reason for firing employees, but employers must proceed with caution and seek legal advice to ensure that any dismissal is not illegal or unfair. Please note that, if you request a check, in case that current or potential employee has an application certificate that is less than six months old or an application registration card, you will need to see its original version.

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