Ensuring your workers are eligible to work in the UK

Introduction

Some people are automatically entitled to work in the UK. Others may have restrictions on the length of time they can stay or the type of work that they can do.

It's important to follow certain procedures and to check each potential employee's eligibility to work, to avoid facing prosecution by employing somebody who isn't legally entitled to work in the UK. The law provides a statutory defence against conviction for employing an illegal migrant worker by checking and copying certain original documents.

However, you should remember when applying these new document checks that many people from minority groups who live in the UK are British citizens. It is important that your recruitment practices do not discriminate against any person on the basis of their racial background.

This guide tells you what you must do to ensure that all your potential employees are legally entitled to work in the UK. It also outlines changes to the law for employers on preventing illegal working, which came into force on 1 May 2004.

Subjects covered in this guide

• Introduction
• Check entitlement to work in the UK
• When to check documents and how long to keep them
• Who doesn't need permission to work?
• Understand the work permit scheme
• Check if an applicant qualifies for a work permit
• How to apply for a work permit
• Extend or change existing work permits
• Employees from the European Economic Area