Under the provisions of the Immigration and Asylum Act 1996, it is a criminal offence to employ someone who is 16 or over and is not entitled to work in the UK.
Employers have a statutory defence against prosecution if, before the start of employment, they check and record one of the defined documents or document combinations that confirm the prospective employee's right to work in the UK.
You must ask all potential employees to provide you with original documents as follows:
- One document from List 1 OR
- Two documents in the combinations of List 2
List 1 - Documents which provide the defence if produced alone.
Any one of the documents included in List 1 will provide you with the defence if you check and copy them.
- A passport showing that the holder is a British citizen, or has a right of abode in the United Kingdom.
- A document showing that the holder is a national of a European Economic Area country or Switzerland. This must be a national passport or identity card.
- A residence permit issued by the Home Office to a national from a European Economic Area country or Switzerland.
- A passport or other document issued by the Home Office which has an endorsement stating that the holder has a current right of residence in the United Kingdom as a family member of a national from a European Economic Area country or Switzerland who is resident in the United Kingdom.
- A passport or other travel document endorsed to show that the holder can stay indefinitely in the United Kingdom, or has no time limit on their stay.
- A passport or other travel document endorsed to show that the holder can stay in the United Kingdom; and that this endorsement allows the holder to do the type of work you are offering if they do not have a work permit.
- An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.
