Immigration Corner | Migrating to the UK and proving your right to work
Dear Mr Bassie,
I recently started living in the United Kingdom (UK) and I have found a job. I am being asked to prove my right to work before I start to work. Please advise me on the way I can go about doing this.
EN
Dear EN,
Persons will need to prove their right to work in the UK to their employer before they start working there. How this is accomplished will depend on the nationality and what kind of permission he/she has to work in the United Kingdom.
PERSONS WHO ARE BRITISH OR IRISH CITIZENS
Persons who are British or Irish citizens can prove their right to work in the UK with either of the following – a British passport or an Irish passport or passport card. Please note that the passport or passport card can be current or expired.
Persons who do not have a passport or passport card can prove their right to work with one of the following:
• A UK birth or adoption certificate
• An Irish birth or adoption certificate
• A certificate of registration or naturalisation as a British citizen.
They must also give their employer an official letter or document from a previous employer or a government agency.
For example, a person could use a letter from HM Revenue and Customs, the Department for Work and Pensions, or the Social Security Agency in Northern Ireland. The letter must show his/her name and national insurance number.
If he/she has a passport or passport card, that person may be able to use an online identity service provider to prove his/her right to work. It is worth asking the prospective employer if they offer this.
PERSONS WHO ARE NOT BRITISH OR IRISH CITIZENS
Persons who are not British or Irish citizens can prove their right to work with a share code. Please note that persons can apply for a share code online or their immigration documents. Please be aware that persons can choose which option they use. This simply means, for example, that an employer cannot reject an application because they are given an eligible immigration document instead of a share code.
PERSONS WHO CANNOT PROVE THEIR RIGHT TO WORK
Persons who are not British or Irish citizens and cannot prove their right to work may have the employer check if they can work through the ‘employer checking service’.
Please note that persons who are Commonwealth citizens may be able to get documents to show that they can work in the UK through the Windrush Scheme.
I hope this helps.
John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com