Checking an Individual's Right to Work in the UK
Right to Work Document Checks
As an employer, we have a duty to prevent illegal working. The Immigration, Asylum and Nationality Act 2006 says that employers should conduct document checks which show that your potential employee has the right to work in the UK and is permitted to do the type of work you are offering.
You are required to undertake the right to work check within a reasonable time period before the employment commences.
You should not make assumptions about a person’s right to work in the UK or their immigration status on the basis of their colour, nationality, ethnic or national origins. The best way to ensure that you do not discriminate is to treat all job applicants fairly and make the same document checks. The Right to Work Document Check webpage provides information and guidance about Checking an individual’s right to work in the UK, the Right to Work Document Checklist and the Quick Reference Guide-Casual staff Right to Work Checks v1*
Guidance on employing Tier 4 Sponsored Students
The Employing Tier 4 sponsored students webpage provides guidance for those managers who employ, or are likely to employ, students who are in the UK under a Tier 4 Sponsorship visa. This includes Undergraduate, Postgraduate Taught and Postgraduate Research students. As part of the Tier 4 visa conditions, there are restrictions on the amount of hours some Tier 4 students can work. Tier 4 students with restrictions undertaking variable hours/casual seasonal contracts can work up to 20 hours per week during term time.
The following should be noted:
- Tier 4 students with PTHP contracts can work up to 8 hours per week because there is 2.5 hours work in total for each 1 hour of teaching (2.5 x 8 = 20).
- Undergraduate students are restricted to working 20 hours per week during the academic teaching blocks.
- Postgraduate Taught students are restricted to working 20 hours per week during their specific course dates.
- Postgraduate Research students are restricted to working 20 hours per week every week unless they are on an authorised period of annual leave which is recorded on Student Records.
In April 2016, due to the tightening of UKVI regulations, UEB made the very difficult decision to limit Tier 4 students to one paid job in the University. This is to minimise the risk of students exceeding working hours and also to ensure that students are leaving sufficient time for academic study. This came into effect at the begionning of the 2016/2017 academic year. (Please be aware of this limitation if you are recruiting a Tier 4 student).
There are sanctions for non-compliance of UKVI Sponsor Licence Policy Guidelines
- Any member of core staff found not to be adhering to their responsibilities under the UKVI Sponsor Licence policy guidelines will be subject to disciplinary action through the University's formal procedure.
- Any member of casual staff found not to be adhering to their responsibilities under the UKVI Sponsor Licence policy guidelines will have the offer of paid employment withdrawn.
- For guidance regarding allowing work outside of the contract dates, please refer to Employing Tier 4 Sponsored Students below and the Right to Work Document- Check webpage.
* Internal only