Eligibility to Work for Casual Workers

   
   

In February 2008, the law regulating employers' obligations to screen for illegal workers changed. Employers need to be able to demonstrate that certain prescribed documents were checked, prior to employment commencing, in order to avoid liability.

Employers who employ workers illegally now face fines of up to £10,000 for each illegally employed worker.

A Right to Work Check must be completed for all casual workers before they commence casual work with the University.  This applies to all candidates of all nationalities, including British nationals.

A Right to Work Checklist must be completed for all casual workers. HR will not be able to issue a casual work assignment until a Right to Work Checklist and appropriate documents have been verified.

What documents need to be seen and checked?

The Right to Work Checklist lists all acceptable documents.  It is essential that all relevant pages of the original documentations is copied and verified. Photocopies presented by a candidate must not be accepted.

When should copies of any Eligibility to Work in the UK documentation taken be destroyed?

Any copies of Eligibility to Work in the UK documentation (both electronic and paper based) should be destroyed upon submission of the Casual Worker Request form (CRF) and email confirmation of this from the system.

Overview of Applicant Status

Applicant StatusEligible to Apply for Casual Work?
UK/EU/EEA National Does not require permision to work, but will need to provide evidence of eligibility to work
Non UK/EU/EEA National holding Indefinite Leave to Remain Does not require permission to work, but will need to provide evidence of eligibility to work
Non UK/EU/EEA National holding time limited permission to work See visa types below - if you have any queries please contact the HR Employment Support Services Team or the HR Staff Immigration Team

 

Visa Types

Visa TypeRight to Work
Croatian National Although Croatia is part of the EEA, some migrants may need to apply for a registration certificate in order to be allowed to work in the UK 
Dependants  Any restrictions on work will be specified on the Biometric Residence Permit or passport vignette, usually able to work without restrictions (unless states work prohibited)
Tier 1 - Entrepreneur  Cannot do any work outside of the business (employment prohibited) 
Tier 1 - Graduate Entrepreneur Can work, but not as a doctor or dentist in training
Tier 1 - Exceptional Talent  Able to work in the UK if they have been endorsed as an internationally recognised leader or emerging leader in their field 
Tier 1 - Highly Skilled  Existing holders can work, however, this route closed to new applicants in 2011 and from 6 April 2015 it was closed to applicants who wanted to extend their visa 
Tier 2 - General

Can do a second job for up to 20 hours per week under the Supplementary Employment rules and:

  • the work must be in the same profession and at the same professional level as the work for which the Certificate of Sponsorship was assigned
  • be a job on the list of shortage occupations
  • be outside of the normal working hours for which the Certificate of Sponsorship was assigned
Tier 4 - Student

Click here for the Tier 4 student working rules

Tier 4 - Doctorate Extension Scheme  No restrictions on employment; cannot be extended; can switch into Tier 2 
Tier 5 - Government Authorised Exchange Scheme

Can do a second job for up to 20 hours per week under the Supplementary Employment rules and:

  • the work must be in the same profession and at the same professional level as the work for which the Certificate of Sponsorship was assigned
  • be a job on the list of shortage occupations
  • be outside of the normal working hours for which the Certificate of Sponsorship was assigned
Tier 5 - Youth Mobility Scheme Able to work and study full-time (except as a doctor or dentist in training); not able to extend or switch into another visa category
Ancestry No restrictions on employment
Visitors

Cannot do any work outside of the terms of the visitor visa (employment prohibited)

 

EU Countries

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Sweden and the UK.

European Economic Area

The EEA includes EU countries and also Iceland, Liechtenstein and Norway. It allows them to be part of the EU’s single market. Switzerland is neither an EU or EEA member but is part of the single market - this means Swiss nationals have the same rights to live and work in the UK as other EEA nationals.

 

 

Last edited Oct 13, 2017

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