How to prove your right to work to an employer

Right to work documentation

To prove your right to work to an employer, the Home Office has established three categories of right to work documentation which are considered acceptable.

List A Documents

This is the first category of acceptable RTW documents and applies to individuals who have an indefinite right to work in the UK, or those who have no time limit on their stay in the UK. 

• A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies.

• A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.

• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

• A current passport showing that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

• A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

• A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

• A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Documents (Group 1)

This is the second category of acceptable documents which can be used to prove your right to work to an employer. List B (Group 1) documents apply to individuals who have time-limited permission to work and stay in the UK. 

• A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.

• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

• A current immigration status document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Documents (Group 2)

This is the third category of acceptable documents which can be used to prove your right to work to an employer. List B (Group 2) documents apply to individuals who have restrictions on their right to work in the UK.

• A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.

• A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.

• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU (J) to the Jersey Immigration Rules or Appendix EU to the immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.

• An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.

• A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.

What happens if I don’t have the RTW documents?

If you don’t have any of the documentation listed above to prove your right to work to an employer then you will need to contact the Home Office directly to verify your immigration status and right to work.

If you are found to have the right to work in the UK, the Home Office will issue a Positive Verification Notice confirming this. You will need to keep the Positive Verification Notice in order to prove your right to work to your employer. However, if it is found that you do not have the right to work in the UK, the Home Office will issue a Negative Verification Notice confirming your ineligibility to work in the UK. If you are issued a Negative Verification Notice then you cannot work in the UK. Your employer may face civil and criminal penalties if they choose to keep employing you after receiving a Negative Verification Notice.

Can I work without having a National Insurance number?

Yes, you can start working in the UK without a National Insurance number provided that you can prove that you have the right to work in the UK.

You can apply for a National Insurance number if you live in the UK and have the right to work. You can apply for one here.

Can you work in the UK without having the right to work?

Working in the UK without having the right to work in the country is illegal and it can have severe consequences for yourself and your employer. 

If you are found to be working illegally in the UK, you could face a 6-month prison sentence with an unlimited fine. In addition to this, any income that you have earned as a result of illegal employment may be seized by the Home Office.

If an employer is found to be guilty of having employed an illegal worker, they could face up to 5 years in prison and be issued with an unlimited fine. If your employer did not carry out the right to work checks or did not do them properly, they could also be issued with a fine of up to £20,000.00 in respect of each illegal worker.

How can Paragon Law help?

Paragon Law's team of business immigration solicitors has helped numerous companies perform right to work checks and fulfill their compliance obligations. If you require further information or assistance on right to work checks, please don't hesitate to contact us. Alternatively, you can visit our dedicated article to RTW checks and RTW FAQs.