A right to work check determines whether a candidate has the legal right and permission to work in the UK.
The Immigration Asylum and Nationality Act of 2006 made it an offence to knowingly employ an illegal worker. In order to fulfil obligations in this area the Trust must verify an individual’s right to work as instructed in the NHS Employers Right to Work Checks Standard.
There are three key elements to ensure effective right to work checks:
- Requesting evidence from the individual
- Validating evidence provided
- Copying and storing the evidence provided
Standards applied to nationals from specific countries are described by the Home Office UK Border Agency and must be adhered to.
All successful candidates are required to provide evidence of their Right to Work in the UK at their ID check appointment with the recruitment team.
Overseas nationals
Please note that from January 2021, to work in the UK all candidates who are not UK or Republic of Ireland (RoI) nationals require sponsorship unless they have permission to work via another route.
The points-based immigration system does not apply to EU, EEA and Swiss citizens who:
- have settled or pre-settled status under the EU Settlement Scheme
- applied to the EU Settlement Scheme on or before 30 June 2021, and have not got a decision yet
Irish nationals continue to have the right to work in the UK under Common Travel Area arrangements and as such can continue to use a passport to evidence their right to work in the UK.
If a certificate of sponsorship (CoS) is required, the Recruitment Team will ensure that the post meets the criteria for sponsorship before applying for and assigning the certificate.
A CoS can be applied for up to three months before an individual is due to start work. The timeframe involved can differ for each candidate depending on the role they are applying for, their individual circumstances and any requirements that may need to be met as part of the sponsorship. For example, non UK nurses will be required to apply for registration with the Nursing and Midwifery Council before they can practice in the UK – as part of this process there may be requirements that they need to complete in their home country before we can agree to apply for their CoS, once in the UK they will be required to complete the OSCE test to assess their competency before they are issued with NMC registration. For further guidance please speak to the recruitment team.
Individuals cannot commence employment until sponsorship has been obtained by the recruitment team and a biometric residency permit (BRP) has been issued to the migrant worker and validated by the recruitment team.
The cost of assigning a CoS is £199. The immigration skills charge may also apply which is £1000 per year, payable at the point of assigning the CoS. The CoS is for a period of 3 years (possibly 5 years under certain conditions) and will be subject to renewal before the expiry date issued by the Home Office. If the CoS is breached or not renewed the worker will no longer be allowed to work in the Trust and they will need to return to their home country.