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Right to Work Visas and Employer Checks

May 2022

All UK employers are legally required to check and record the immigration status of every prospective employee/employee, in order to verify their right to work in the UK. The type of right to work checks required will depend on factors such as the individual’s nationality and residence status.

Employers can be prosecuted for employing an illegal worker where they have reasonable cause to believe that the worker does not have permission to work in the UK.

The new Guidance Notes - Right to Work in the UK Checks can assist employers in complying with their obligation to check and record employees’ immigration and working status.

The updated Employing Staff from Abroad Policy outlines an employer’s approach to employing foreign workers, taking account of equal opportunity considerations and the requirement to recruit staff who are legally entitled to work in the UK.

Information guide to Ukrainian work visas and right to work in the UK

The humanitarian crisis in Ukraine has led to a large number of Ukrainian nationals looking to flee the war zone and come to the UK temporarily in order to live and work.

Information is available on the two different visa schemes that have been introduced to support Ukrainian nationals, and their family members, to come to the UK. The Family Scheme is based on the individual’s ability to establish family ties in the UK and the Ukraine Sponsorship Scheme (Homes for Ukraine Scheme) is based on an individual finding a UK-based sponsor who is prepared to provide suitable accommodation, rent-free, for at least six months.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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