Right-to-work checks

Right to work checks 

For roles that are being dealt with via the Resourcing Team, the interview invitation will request that all shortlisted candidates bring their right to work documentation with them to interview where this is in person. It is the department’s responsibility to verify (confirm that you are satisfied that the documents you are presented with or online checks you carry out appear genuine and are a good likeness to the candidate), sign and date copies of these. For UK/Irish nationals use the right to work pro-forma (below), for online right to work checks for EUSS/visa holders, you must download the PDF from the Home Office website, tick all of the boxes and add the churrent verification wording to the bottom (see guidance above).

The successful candidate’s documentation should be attached to the online centralised appointment form. Documentation for unsuccessful candidates must be confidentially shredded by the department. If a candidate fails to bring the documentation to the interview, the interview can still proceed. The Resourcing Team will pick up the right to work check for any successful candidate in this situation.

For roles to be processed by the Employee Relations Team, all right to work checks should be undertaken by the department and attached to the online non-centralised appointment form.

Employer Checking Service checks must only be undertaken by People & Culture.

All right-to-work checks must be carried out at least the day before the start date, either by copying the physical documentation or carrying out a Home Office online check in conjunction with a Zoom call.  Employers' right to work checklist - GOV.UK (www.gov.uk) provides full guidance regarding acceptable documentation.

Further details regarding carrying out checks and accepted documentation can be read in the right-to-work in the UK guidance.

Please use this right to work check pro-forma (.docx) to make the copies of the right to work documentation for UK/Irish nationals as it captures all of the information required at this stage.

Remember that there are both University rules and Home Office rules relating to the total hours students can work during their studies.

An individual’s visa/online right to work check will confirm if they can work in the UK, if there are any restrictions on the type of role they can undertake and, if so, how many hours per week (usually during term time in the case of Tier 4/Student visas). You should ensure that any on demand or temporary contract does not go beyond the visa expiry date, unless the individual make a new visa application.

The visa holder must only work the hours stated on their visa. During vacation periods, Student Visa holders can work longer hours, but you must check what term-time rules apply to them as the University term dates do not apply to all individuals. Students must also provide details of their academic term and vacation dates covering the period of study during which they will be employed. Please refer to the information regarding term-date evidence in the guidance document at the top of this article. Those on Tier 4/Student visas must also complete a Tier4/Student declaration form (.pdf). Students on Short Term Student visas and are usually not allowed to undertake any work. 

Find out more about student working

Further support

For further advice, contact righttowork@essex.ac.uk

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