Eligibility to Work

   
   

All employers are expected to comply with the law and ensure that prospective and current employees have the right to work in the UK by carrying out the correct checks.

An employer of an illegal worker who has not carried out the correct checks faces a penalty of up to £20,000.

It is a criminal offence to employ someone who the employer knows or has reasonable cause to believe is an illegal worker – employers can face anunlimited fine, and up to five years in prison.

How to carry out a right to work check

Prospective Candidates, Staff and Casual Workers

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

A Right to Work Checklist must be completed on all prospective staff and casual workers. HR will not be able to issue a contract of employment or casual work assignment until a Right to Work Checklist and appropriate documents have been verified.

Current Employees

Right to Work checks should be carried out for all employees who hold a time limited right to work visa.  Employees must provide HR with their original identify documents when requested, as well as when visas have changed or been renewed.

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.

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 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 work for the sponsor in the job described in the Certificate of Sponsorship; can also 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

Can work, subject to student working rules; can switch into Tier 2 without the need to meet the RLMT

Students working rules:

  • Most international students on courses of more than six months are given a Tier 4 visa that allows them to work part-time. This means: up to 20 hours per week during term-time and full-time during vacation periods.
  • For students studying a course below UK degree level, such as a foundation course or an English language course at CELE, they are only allowed to work 10 hours per week.
  • Tier 4 student visa holders must inform their manager if they are undertaking any other paid or unpaid work either within the University or outside. Tier 4 student visa holders must not accept work which would bring their total hours to more than 20 hours per week or 10 hours per week.

Please note: Students working in the UK on a Tier 4 student visa will need to provide their line manager with a letter from their place of study showing their official start and end date of their studies. The line manager will need to attach and send this letter along with Tier 4 visa documentation to HR in order for a contract of employment to be issued.

 

Graduate PhD Research Students

As PhD students do not have fixed term-time and vacation dates, they must not be employed for more than 20 hours per week for the duration of their studies.

It is essential that you get written confirmation that the student’s final version of their thesis has been submitted (following viva and corrections) or that the student has been awarded their PhD.  This information should come from the research supervisor or University before employing a PhD student visa holder in excess of 20 hours per week.  In this situation, a student is only permitted to work for a maximum of 4 months full time, or to the end of their visa, whichever is sooner.

You can request a letter to confirm your student status at the University of Nottingham from Student Administration Services.
Tier 4 - Doctorate Extension Scheme  No restrictions on employment; cannot be extended; can switch into Tier 2 without the need to meet the RLMT
Tier 5 - Government Authorised Exchange Scheme

Can work for the sponsor in the job described in the Certificate of Sponsorship; can also 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; cannot switch into this category if already in the UK
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 Jan 31, 2019