The right to work is linked to an individual’s immigration status. Checking that someone has a right to work is important, especially given that illegally working in the UK was made a criminal offence in 2016 (see below).
Those with the right to work in the UK include individuals with the following types of status:
- British citizens
- Refugee status (and their dependants)
- Humanitarian Protection (and their dependants)
- Indefinite leave to remain (and their dependants)
- Limited leave on the basis of private or family life
Those with specific visas, such as work visas or student visas may have some restrictions on the type and amount of work they can do. These restrictions will usually be printed on a person’s biometric residence permit (BRP) or in-passport visa sticker.
EU nationals, their family members and those exercising EU rights continue to have the right to work, although this will change after the end of the transition period (31st December 2020). Please see our EU fact sheets for further information, available here.
Those with no leave to remain, including those who are appeal rights exhausted, do not have the right to work.
Asylum seekers do not have permission to work in the UK. If someone seeking asylum has been waiting for an initial decision (or fresh claim) for longer than 12 months then they can apply for permission to work.
All children and young people granted refugee status, humanitarian protection, discretionary leave, limited leave, UASC leave or indefinite leave to remain will be given a ‘Biometric Residence Permit’ (BRP), which will show what status they have. A letter from the Home Office granting status could also be used to demonstrate eligibility to work if the BRP has been lost and a replacement is being sought, although the Home Office states that this does not constitute proof of status.
Those granted pre-settled or settled status under the EU Settlement Scheme will not normally receive a BRP – they will instead have a form of digital status.
As part of the process of applying for further leave to remain, the applicant must submit their original status document. This means they will not be immediately able to show their right to work to a current or future employer, and proving their eligibility to work can often be problematic. If a solicitor or immigration adviser has assisted the young person to make a further leave to remain application or an application to vary their leave, the young person can request that they provide a headed letter confirming that an in-time, valid application has been made and this could be used as further evidence of eligibility to work. Additional evidence could take the form of a certified copy of the BRP (a copy of the BRP signed, usually by the solicitor or immigration adviser, to say it is a true copy).
If a person needs to explain that they have a continuing right to work but is not able to get one of the alternate forms of proof above (or if this proof is not accepted), they may find our template letter for explaining section 3C leave helpful. This is available here.
If an employer is looking to recruit an individual who has made an application for further leave to remain, they can contact the employer checking service (ECS) to confirm their continuing entitlement to work.
Depending on the type of leave or when the leave expires, further checks will normally be required. For more information, see the Home Office guidance, available here.
The Home Office guidance on volunteering states that volunteers are those who give their time for free to charitable or public sector organisations without any contractual obligation or entitlement.
There is further general information on the gov.uk website and the NCVO website.
Asylum seekers and individuals who are appeal rights exhausted, or have no valid leave, are allowed to volunteer without obtaining permission to work. They cannot work without permission (as noted above). The volunteering must not interfere with asylum interviews or reporting events.
The Home Office guidance provides further information on volunteering.
Every person over the age of 16 who wishes start working or claim benefits, and has the immigration status that allows them to do so, must obtain a National Insurance number (NINO). This includes separated or unaccompanied young people who have been granted refugee status, humanitarian protection, limited leave, discretionary leave, UASC leave or indefinite leave to remain. In addition, asylum seekers who receive permission to work because they have been waiting for an initial decision on their asylum claim for over 12 months will need to be issued with a NINO.
When a child seeks asylum in the UK, the Home Office will normally fill out an application for a NINO at the substantive interview if the child is 16 or over. This is submitted in the event of a child being granted a form of status that confers a right to work.
For looked after children, whether seeking asylum or not, an application for a NINO can be made through their social worker on their behalf. This includes young people in or leaving care up to the age of 20.
