FAQs: Right to work checks

FAQs - right to work

The below questions and answers should be read in conjunction with our right to work standard.

For questions relating to international recruitment, please visit our dedicated immigration section, which includes guidance on visa processes and various Q&A pages on immigration and international recruitment.

 Q. Do prospective employees who hold a valid biometric residence permit have to provide evidence of their spouse's passport in demonstrating their right to work?

No, the prospective employee will have to demonstrate their own right to work. For migrants subject to immigration control, this will generally be demonstrated through their biometric residence permit or passport.

Q. Can we accept a passport that has expired for a right to work check?

For right to work checks, there are a small number of exceptions to the valid and current rule. These exceptions include a UK/European Economic Area (EEA) passport and an EEA national identity card, please consult the UK Visas and Immigration employer’s guide on the gov.uk website for further information if you are unsure what can be accepted. For identity checks, guidance still suggests documentation should be valid and current.

Q. Which part(s) of the passport need to be copied/scanned?

Employers need to make a copy of the relevant page or pages of the document in a format that cannot be subsequently altered, for example a photocopy or scan.

In the case of a passport or other travel document, the following parts must be photocopied or scanned: any page with the document’s expiry date, nationality, date of birth, signature, leave expiry date, biometric details and photograph, and any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question.

 

 

 

 

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