Proving Your Right to Work in the UK: A Guide for Job Seekers

Navigating the job market can be challenging, especially when it comes to understanding your right to work in the UK. If you’re looking to start a new job, it’s essential to prove your right to work legally. This guide will walk you through the process and help ensure you have all the necessary information at your fingertips.

Note: This advice specifically applies to England. If you’re in Northern Ireland, Scotland, or Wales, please refer to the relevant guidance for your region.

Why Prove Your Right to Work Matters?

Before you can begin your employment journey, you must establish your right to work in the UK. This is crucial not only for legal compliance but also to give your potential employer peace of mind. Here’s what you need to know:

• Valid Documents Only: You must present valid documents that are not expired, except for British or Irish passports.
• Original Documents: Always provide the original documents; photocopies won’t suffice.

How to Prove Your Right to Work?

Your method of proving your right to work will largely depend on your immigration status or leave. Here are some key points to keep in mind:

• Biometric Cards Exclusion: You cannot use a biometric residence card or permit as proof of your right to work.
• If You’re Applying to Extend Your Leave:
  • If you applied for an extension before your previous leave expired, you retain your right to work during the application process, provided you had the right to work initially.

Getting a Share Code

A share code is a convenient way to verify your right to work. Here’s how to obtain and use one:

• Apply Online: You can apply for a share code through the official government website.
• 90-Day Validity: Once you receive your share code, it’s valid for 90 days. Share codes obtained for different purposes (e.g., renting) cannot be used for prove your right to work.

What to Do If You Lack Necessary Documents?

If you find yourself without the required documents, consider these alternatives:

• Explore Other Proof Options: Check if there are other acceptable ways to demonstrate your right to work.
• Apply for a Replacement Document: If you cannot prove your right to work through other means, you’ll need to apply for a replacement document.

What If You Don’t Have a National Insurance Number?

Your National Insurance number is an important part of prove your right to work. If you don’t have one yet, here’s how to navigate the situation:

• Eligibility for a National Insurance Number: You can apply if:
  • You’re actively looking for work.
  • You have a job offer.
  • You’ve already started working.

Applying for a National Insurance Number

• Processing Time: Be aware that it can take up to 16 weeks to receive your National Insurance number.
• Temporary Proof: If you haven’t received your number, you can provide your employer with an email or letter confirming your application.

What to Do If You Face Discrimination?

Unfortunately, some individuals may experience unfair treatment from employers regarding their right to work. Here’s what you should know:

• Dismissal or Job Offer Withdrawal: If your employer dismissed you or rescinded a job offer based on your right to work, this could be a case of discrimination.

Understanding Unfair Dismissal

You might have grounds to challenge your employer’s decision if:

• They claimed you didn’t provide sufficient evidence of your right to work, even though you presented the correct documents.
• They didn’t give you adequate time to provide the necessary documentation.
• You were dismissed while your application to extend your leave was in progress.
• They refused to verify your share code online.

Additional Considerations

To determine whether your dismissal was unfair, consider factors like:

• Duration of Employment: How long you’ve worked for the employer.
• Reason for Dismissal: Was it based on valid grounds or on misinformation?

Final Thoughts

Understanding your right to work in the UK is crucial for a smooth job search and employment experience. By ensuring you have the proper documentation and knowing your rights, you can confidently approach potential employers. If you encounter challenges along the way, don’t hesitate to seek advice or support to navigate the complexities of employment rights.

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