Immigration rules and right to work

By May Cheung and Annabel Mace

Brightmine editor: Lilia Dangi

Employers have legal responsibilities under UK immigration law to prevent illegal working, including checking an individual’s right to work, carrying out follow‑up checks where required, and complying with related statutory requirements. For instance:

• It is a criminal offence for an employer knowingly to employ an individual who does not have permission to work in the UK, or whom it has reasonable cause to believe does not have permission to work in the UK. (See The provisions of the Immigration, Asylum and Nationality Act 2006)
• By carrying out right to work checks, and follow-up checks where required, employers may have a defence against liability for employing a migrant worker illegally. (See The provisions of the Immigration, Asylum and Nationality Act 2006)
• Employers must check specified documents or use the Home Office online right to work service for evidence of an individual’s right to work in the UK. (See The provisions of the Immigration, Asylum and Nationality Act 2006 and List of specified documents)
• Employers that employ foreign workers illegally may be liable for civil and criminal penalties. (See Penalties)
• Employers must reconcile the requirements in the immigration legislation not to employ workers illegally with the provisions on race discrimination in the Equality Act 2010. (See Reconciling the need to check applicants’ right to work in the UK against the duty not to discriminate)
• Certain individuals do not need to be sponsored to work in the UK. (See Individuals who can be employed in the UK without sponsorship)
• There is a merit-based points system for foreign nationals wishing to work in the UK. (See Points-based immigration system)
• The skilled worker and global business mobility routes of the points-based system enable employers to employ skilled workers from overseas. (See Skilled worker route and Global business mobility routes)
• Employers must obtain a sponsor licence to be able to sponsor migrants unde

In this guide, learn about:

• Avoiding illegal working
  • Checking documents following a TUPE transfer
  • Offence of illegal working
  • Penalties
  • Guidance for employers
• List of specified documents
• Employees who commenced employment prior to 29 February 2008
• Asylum seekers and refugees
• Avoiding race discrimination
• Reconciling right to work checks against the duty not to discriminate
• Individuals who can be employed in the UK without sponsorship
• EEA and Swiss nationals
  • EU settlement scheme
• Points-based immigration system
• Skilled worker route
  • Temporary Shortage List
  • Minimum salary thresholds
  • Health and care visa
• Global business mobility routes
  • Global business mobility – senior or specialist worker
• Immigration skills charge
• Requirement to provide criminal records certificates
• Sponsorship licences and certificates
  • Certificates of sponsorship and visa applications
  • Change of employer
• Immigration Salary List
• Checking qualifications
• Recruiting via agencies
  • Employment agencies advertising outside Great Britain
• Scale-up route
• Global talent route
• Innovator Founder visas
• Temporary workers
• Youth mobility scheme
• Business visitors
• Electronic Travel Authorisation (ETA)
• Graduate sponsorship route
• Graduate immigration route
• International students
• Supplementary employment
• Immigration health surcharge
• Data protection
• Public-sector language requirements
• Future developments

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