Ensuring eligibility to work in the UK

All employers in the UK have a responsibility to stop illegal migrants working. You must therefore check the entitlement of everyone you plan to employ to work in the UK. Failure to do so may result in a civil penalty or criminal conviction.

Some people can work in the UK without restriction, including:

• citizens of the UK, Channel Islands, the Isle of Man and Ireland
• Commonwealth citizens with the right to live in the UK
• most European Economic Area (EEA) and Swiss nationals, although nationals of some Eastern European EEA countries will need authorisation or to register with the UK Border Agency (UKBA) to work in the UK
• family members of nationals from EEA countries and Switzerland that are residing lawfully in the UK
• dependants of migrants who have entered the UK under one of the tiers of the points-based system

Even if you think that a potential employee has the right to work in the UK, you should still make the necessary checks. You should ask candidates to provide evidence of their right to work in the UK by producing original copies of documents specified by the UKBA.

Employing someone who does need permission to work in the UK

If you wish to employ someone who isn't permitted to work in the UK without restriction, they will have to apply to work under the points-based system.

The points-based system replaces nearly all previous routes to work, train or study in the UK.

Applicants must obtain a specified minimum number of points. These will be awarded for a combination of skills and attributes, such as:

• age
• qualifications
• previous earnings
• knowledge of the English language
• savings

Most categories of employee will need a certificate of sponsorship from an employer with a sponsor licence issued by the UKBA.

Jobcentre Plus and the European Employment Service (EURES) network.

Jobcentre Plus is part of EURES, a network which links all of the public employment services in Europe. Its role is to help people move freely within the EEA and take up work in other member states. It can also help you to recruit workers from other EEA countries if you cannot find the right people for your jobs locally.