Proof of Eligibility to Work in The UK - Documents Required
This document outlines the requirements for individuals to prove their eligibility to work in the UK, as mandated by the Immigration, Asylum and Nationality Act 2006. It details specific original documents from List A or List B that must be presented during an interview to satisfy a company's legal obligations. The template also includes optional paragraphs covering non-EEA applicants, criminal record checks (specifically for Scotland), PVG scheme membership, and referee contact.
Proof of Eligibility to Work in the UK - List of Original Documents Required at Interview
Under the terms of the Immigration, "Asylum and Nationality Act 2006" the Company is required to follow certain procedures aimed at the prevention of illegal working. Before a formal offer of employment can be made, the Company must satisfy itself that the individual either has permission to work in the UK or has the qualifications and experience necessary to support an application by the Company for a Certificate of Sponsorship for a foreign national. In order to meet its legal requirements the Company has to see and verify original documents, as listed below, as proof of eligibility to work in the UK. If you do not have eligibility to work in the UK, please bring your passport with you.
You must provide one of the original documents alone, or two of the original documents in the specified combinations given in EITHER List A OR List B.
LIST A (Part 1) – Documents which confirm that you have an on-going right to work in the UK – one document only is required (See note re citizens from A2 and A8 countries)
A passport showing that you are a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the UK.
A passport or national identity card showing that you are a national of an EEA country or Switzerland.
A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the UK Border Agency to you, as a national of an EEA country or Switzerland.
A permanent residence card issued by the Home Office or the UK Border Agency to you as a family member of a national of an EEA country or Switzerland.
A Bio-metric Immigration document issued by the UK Border Agency indicating that you are allowed to stay indefinitely in the UK or have no time limit on the stay in the UK.
A passport or other travel document endorsed to show that you are exempt from immigration control, are allowed to stay in the UK, have the right of abode in the UK, or have no time limit on your stay in the UK.
LIST A (Part 2) – Documents which confirm that you have an on-going right to work in the UK but where two documents are required (See note re citizens from A2 and A8 countries)
An official document giving your permanent National Insurance Number and name issued by a Government agency or a previous employer. (This could be a P45. P60, National Insurance card, or a letter from a Government agency).
AND ONE OF THE FOLLOWING:
An Immigration Status Document issued by the Home Office or the UK Border Agency to you with an endorsement indicating that you are allowed to stay indefinitely in the UK or have no time limit on your stay in the UK.
A full birth/adoption certificate issued in the UK, which includes the names of at least one of your (adoptive) parents.
A birth/adoption certificate issued in the Channel Islands, the Isle of Man or Ireland.
A certificate of registration or naturalization stating that you are a British citizen.
A letter issued by the Home Office or UK Border Agency to you, which indicates that you can stay indefinitely in the UK.
Note: Citizens of Bulgaria and Romania (A2 countries) are permitted to work as members of the EEA but require advance authorization from the UK Border Agency. Citizens of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and Slovenia (A8 countries) are permitted to work as citizens of the EEA.
LIST B (Part 1)
A passport or travel document endorsed to show that you are allowed to stay in the UK and are allowed to do the type of work in question, provided this does not require the issue of a work permit.
A Bio-metric Immigration Document issued by the UK Border Agency indicating that you can stay in the UK and are allowed to do the work in question.
A residence card or document issued by the Home office or UK Border Agency to you as a family member of a national from the EEA or Switzerland.
LIST B (Part 2)
A work permit or other approval to take employment issued by the Home Office or UK Border Agency AND a passport or another travel document endorsed to show that you are allowed to stay in the UK and are allowed to do the work in question, or a letter issued by the Home Office or UK Border Agency to you or your employer or prospective employer confirming the same.
A certificate of application, less than 6 months old, issued by the Home Office or UK Border Agency to you or for you as a family member of a national of an EEA country or Switzerland, stating that you are permitted to take employment AND evidence of verification by the UK Border Agency Employer Checking Service.
An Application Registration Card issued by the Home Office or UK Border Agency stating that you are permitted to take employment AND evidence of verification by the UK Border Agency Employer Checking Service.
An Immigration Status Document issued by the Home Office or the UK Border Agency with an endorsement indicating that you can stay in the UK and are allowed to do the type of work in question AND an official document giving your permanent National Insurance Number and name issued by a Government agency or a previous employer. (This could be a P45, P60, National Insurance card, or a letter from a Government agency).
A letter issued by the Home Office or the UK Border Agency indicating that you can stay in the UK and are allowed to do the type of work in question AND an official document giving your permanent National Insurance Number and name issued by a Government agency or a previous employer. (This could be a P45, P60, National Insurance card, or a letter from a Government agency).
Additional Paragraphs
Paragraph | Purpose | Wording |
(a) | Non EEA applicants | If you are a non-EEA applicant seeking a Certificate of Sponsorship, the Company requires to verify that you meet the UK Border Agent criteria. You should therefore also bring to the interview proof of maintenance (available funds) and competence in English. If issued, the Certificate of Sponsorship will be valid for three months from date of issue and you will be required to apply for ‘Entry Clearance’ through the British Embassy in your country of origin. |
(b) | Posts requiring criminal record checks | As this post is exempt under the terms of the "Rehabilitation of Offenders Act 1974" (Exclusions and Exceptions) (Scotland) Order 2003 (as amended), you are required to disclose all criminal convictions, including those that are considered ‘spent’ which you would not normally be required to declare if applying for other types of employment. This means that the detail of any conviction(s) must be disclosed, regardless of when it was or what it was for. This information will be verified through a criminal convictions check through Disclosure Scotland. If you are not a UK citizen you may also be subject to criminal history checks from your country of origin. |
(c) | Posts requiring PVG membership | In accordance with the pre-employment recruitment checks for this post, the preferred candidate will be required to gain/maintain PVG Scheme membership. The cost of full membership (£59) must be met in full by the preferred candidate. The Company will pay the £59 fee initially and will reclaim this through regular salary deductions. For existing PVG Scheme members, the cost of a record update (£18) will be paid by the Company. |
(d) | Contacting referees | I note on your application that you indicated that you did not want your referees contacted. Your referees will not be contacted prior to interview. If you are the successful candidate, you will be advised when your referees are being contacted. |
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This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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