HR Service Right to Work Check policy Introduction This policy sets out the procedures that Southampton Solent University has in place to prevent illegal working. This policy will generally be reviewed on an annual basis. It is a criminal offence for an employer to knowingly employ an illegal worker. It can also amount to a civil offence if an employer negligently employs an illegal worker. Therefore it is important to have a procedure in place to prevent illegal working. Employers are required to carry out certain document checks on employees and prospective employees: before the employment begins in all cases; 6 months after the original check in some cases; and before the expiry date of any visa. Employees and prospective employees are required to co-operate with the University by providing documents to prove that they have permission to work. These should be provided promptly on request. If any employee becomes aware that he or she, or another employee does not have permission to work in the UK, this should be disclosed to HR as soon as possible. Who Does this Policy Apply to? This policy applies to all prospective employees, employees and workers (paid via the university payroll). What checks need to be carried out? Prospective employees, employees and workers (paid via the university payroll) must provide an original of one of the documents set out in the attached list (or a combination of documents as referred to in Annex A). For most European employees a passport will suffice but for details of the acceptable documents please refer to the attached Annex. HR are responsible for checking the original document for all employees (directly contracted by the university) and for taking a copy of it to keep on file. This copy will be signed and dated to confirm that the original document was seen. Managers are responsible for right to work checks for most workers paid via the university payroll. Two exceptions include External Examiners who will have right to work checks conducted by Academic Services and students working via Campus jobs who will have right to work checks conducted by Solent Futures. What will be checked? The university is required to check the validity of the original documents and satisfy itself that the individual is the person named in them. In order to validate the documents, the carry out the following checks in the presence of the holder of the documents: Helen Jones & Lisa Kingswell Approved by: HRMT Human Resources Approved on: 16.12.16 Version:1
Check any photographs, where available, contained in the documentation are consistent with the appearance of the individual. Check the dates of birth listed, where available, to ensure that these are consistent across documents and correspond with the appearance of the individual. Check that the expiry dates of any limited leave to enter or remain in the UK have not passed. Check any UK Government endorsements (stamps, visas, and so on) to see if the individual is able to do (or prohibited for undertaking) the type of work it is offering. For students who have limited permission to work during term time, the Company will obtain, copy and retain details of their academic term and vacation times covering the duration of study in the UK for which they will be employed. Check that the documents are genuine and have not been tampered with and belong to the holder. If the individual gives two documents which refer to them as having different names, we will request a further document to explain the reason for this. The further document can include a marriage certificate, a divorce decree, a deed poll document or statutory declaration. What will be copied? If a passport is being copied, the university will copy: The front cover Any page with the document expiry date, the holder s nationality, date of birth, signature, leave expiry date, biometric details, photo and any page containing information indicating that the holder has an entitlement to enter or remain in the UK and undertake the work in question. For all other documents, all pages of the document will be copied in full including both sides of a biometric residence permit and a residence card. We will note the date of expiry and any relevant UK immigration endorsement which allows the individual to do the type of work for which they are employed. The date that the check was carried out will be recorded. Repeat Checks If an individual presents documents listed in List B, this will provide a follow up check will be carried out in the same way as the original checks (1) when the permission expire and/or (2) 6 months after the original check. The university has a diary system in place in relation to such follow up checks for employees directly contracted by the university. A Right To Work check will need to be conducted each time all other workers are paid via payroll. How long will documents be kept on file? Copies of documents will be kept on file during the employment and for 2 years afterwards. Full details of the rules on prevention of illegal working are available on the portal.
Contractual Status This policy is non-contractual. The Company has the right to amend or change it at any time.
Annex A List A Acceptable documents to establish a continuous statutory excuse 1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK. 2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland. 3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland. 4. A Permanent Residence Card issued by the Home Office to the family member of a national a European Economic Area country or Switzerland. 5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK. 6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK. 7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person s permanent National Insurance number and their 8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder s parents or adoptive parents, together with an official 9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person s permanent National Insurance number and their name issued by a Government agency or a previous employer. 10 A certificate of registration or naturalisation as a British citizen, together with an official
List B Group 1 Documents where a time-limited statutory excuse lasts until the expiry date of leave 1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question. 2. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question. 3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-european Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence. 4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official Group 2 Documents where a time-limited statutory excuse lasts for 6 months 1. A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service. 2. An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service. 3. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.