Right to work in the UK

Right to Work in the UK

Unless you are a British citizen, you need to prove that you have the right to work in the UK., Employers can be fined, or even face jail if they employ someone illegally. There are more than 20 types of specific working visa in the UK and the list is regularly updated. Use this online service to find out if you have the correct visa to work in the UK.

 

Proving the right to work

If you have been told you can view your immigration status online you can get a share code to prove your right to work in the UK. The code is valid for 30 days and can be shared with employers, who can then check:

• The type of work you are allowed to do
• How long you can work in the UK
• If you can claim benefits or access NHS services
• If you are able to open a bank account You can access your share code via the government website. You will need your passport or identity card, Biometric Residence Permit (BRP) or visa and your Biometric Residencies Card number.

 

What is a National Insurance Number?

NINO stands for National Insurance Number and is a reference number for paying tax, national insurance and also claiming benefits. British citizens receive a NINO at the age of 16. Refugees are also issued with a NINO. However, this does not apply to everyone who has the right to work so you may need to apply for one.

You can start work without a NINO, but you will need one to make sure that national insurance contributions and tax you pay is correctly registered to your name. This can take up to 16 weeks so it’s worth doing this as soon as possible.

 

The shortage occupation list

The shortage occupation list is a list of jobs where UK businesses and employers face a shortage of workers.

People seeking asylum are generally not allowed to work but if their claim is outstanding after 12 months through no fault of their own, and they are suitably qualified, they are eligible to apply for jobs on the shortage occupation list.

You must apply in writing to UK Visas and Immigration for the right to work in these jobs.

 

Disclosure and Barring Service

Many jobs in the UK require a criminal record background check. These usually involve work with children, the elderly, and disabled people.

The Disclosure and Barring Service (DBS) is a way for employers to check your criminal record. Checks can only be made within the UK. If you have not lived in the UK for the past 5 years you may need to apply for a ‘Certificate of Good Character’ from your country. The application process varies from country to country.

You may find it difficult to obtain these records from your country, so it is worth speaking to employers about alternative checks such as additional character references. You could also offer to make a ‘sworn oath’ through a legal professional.

Some criminal convictions are considered ‘spent’ and do not need to be declared. However, the rules are complicated so if you have a criminal conviction, it is best to seek advice if you are asked about it by an employer.

Main Points

1. It is illegal to work in the UK without the correct documentation
2. Employers must request a share code to check your eligibility to work
3. You need to apply for a National Insurance Number to work or claim benefits
4. Some asylum seekers are allowed to work after 12 months but only in specific jobs.
5. Many jobs in the UK require a criminal records check called a DBS
Last updated: 9th May 2023