Immigration | Which documents will prove my right to work in the UK?

Dear Mr Bassie,

Please tell me what documents can be used to prove that a person has a right to work in the United Kingdom.

E B.

Dear E. B.,

Persons who are not British or Irish citizens can usually prove their right to work in the United Kingdom (UK) with one of the following:

· a current passport with a Home Office ‘endorsement’ in it;

· an immigration status document;

· an application registration card.

There may be other documents that they can use if they

· are waiting for a decision on an EU Settlement Scheme application.

· were given settled or pre-settled status in Jersey, Guernsey, or the Isle of Man.

· are a Ukrainian citizen.

· are a frontier worker - a citizen of an EU country, Switzerland, Norway, Iceland, or Liechtenstein who lives outside the UK and goes there to work

Proving the right to work with a passport

Persons can use a passport to prove their right to work in the UK if it has a Home Office ‘endorsement’ in it - for example, a stamp or a vignette (a sticker).

The passport must be current and cannot be used if it has expired.

The endorsement should show one of the following:

· the holder has indefinite leave to enter or indefinite leave to remain in the UK;

· there is no time limit to their stay in the UK;

· he/she can live in the UK and work - either any work or the type of work they are applying to do · the holder has a vignette sticker certificate of entitlement to the right of abode in their current passport;

· the holder is exempt from immigration control - for example, they are a diplomat.

Proving a right to work with an immigration status document

Persons will have an immigration status document if both of the following apply to them:

· they do not have a UKVI account;

· they could not get an endorsement in their passport when they were given permission to stay in the UK.

For example, persons may have an immigration status document if they are a refugee or have been granted humanitarian protection or discretionary leave. Please note that their immigration status document must be current.

Persons must also give their employer an official letter or document from a previous employer or a government agency. The letter must show their name and National Insurance number. For example, he/she could use a letter from HM Revenue and Customs, Department for Work and Pensions, or the Social Security Agency in Northern Ireland.

Proving the right to work with an application registration card

Persons will have an application registration card if they are waiting for a decision on an asylum application. Their application could be to get asylum themselves or as a relative of someone who is applying for asylum.

The application registration card must say that they have permission to work in the UK - it should say ‘Work permitted’. They will need to show the card to their employer. They will use this to check their immigration status with the Home Office.

Persons who are waiting for a decision on an EU Settlement Scheme application Just for completeness, please note that persons can get a share code to prove their right to work. They can also use a physical certificate of application from the Home Office to prove their right to work if they have one. Please be aware that persons will need to show the certificate to their employer, who will use it to check their immigration status with the Home Office.

I hope this helps.

John S. Bassie

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, former global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (U.K.). Email: lawbassie@yahoo.com