How you prove your right to work will depend on your immigration status - this is also called your ‘leave’.

You can’t use a biometric residence card or permit to prove your right to work.

If you are British or Irish citizen:

You can prove your right to work by showing your employer your British or Irish passport. It doesn’t matter if your passport has expired.

If you don’t have a British or Irish passport, you can use a valid passport from another country. The passport must have a stamp or sticker on it saying you have the right of abode.

If you don’t have a passport:

You’ll need to show your employer 2 different documents instead.

You should show one document with your name and National Insurance number on it - this must be from the government or your previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.

The second document you should show is either your:

●      birth or adoption certificate that includes both parents names, if it’s from a court or register office in the UK, Channel Islands, Isle of Man or Ireland

●      certificate of registration or naturalisation, if you became a British citizen by applying for it

If you have pre-settled or settled starts from the EU Settlement Scheme:

You’ll need to get a share code online to prove your right to work.

If you proved your right to work before 1 July 2021, your employer shouldn’t ask you to prove it again. Your employer should only ask you to prove your right to work again if they’re asking all their employees to do this.

If you have indefinite leave to remain:

You can prove your right to work by showing your employer either:

●      your valid passport - it must have a stamp or sticker from the Home Office saying there’s no time limit on your leave

●      your online share code

If you have an immigration status document:

You can show your employer your immigration status document and one other document if you don’t have a passport or online share code.

You might have an immigration status document if you got indefinite leave to remain before 2013 and you either:

●      are a refugee

●      don’t have a biometric residence permit yet

Your immigration status document must have a residence permit sticker on it saying you have indefinite leave to remain.

The other document must have your name and National Insurance number on it - this document must be from the government or your previous employer. For example, you could show a letter from the Department for Work and Pensions (DWP) or a tax document like a P45.

If you are Commonwealth citizen and have a right to abode:

You might be able to get a share code online to prove your right to work.

If you can’t prove your right to work online, you can show your employer your valid passport instead. It must have a sticker from the Home Office saying you have the right of abode.

If you have a limited leave to remain:

You'll have limited leave to remain if you have a visa with a time limit - for example, if you have:

●      a student, work or family visa

●      refugee status

You can prove your right to work by showing your employer either:

●      your valid passport - it must have a stamp or sticker from the Home Office saying you can stay in the UK and you can do the type of work you’re applying to do

●      your online share code

If you are on a student visa, we also require you to provide us with a headed letter from your University that confirms your enrollment as well as the term time table.

If you are applying to the EU Settlement Scheme EUSS:

The Home Office will give you a Certificate of Application saying you’re allowed to work for 6 months while you wait for a decision about your status. They might send your Certificate of Application to you by post, email or they might give you an online version.

If you have an online Certificate of Application, you can get an online share code to prove your right to work.

If you got your Certificate of Application by post or email, you should show the certificate to your employer. Your employer will also need to contact the Home Office to confirm you have the right to work.

If you are applying to extend another type of leave:

Your employer will need to check if:

●      the Home Office have got your application to extend your leave

●      you have the right to work

Your employer should use the Home Office Employer Checking Service on GOV.UK.

If you’re already employed and your leave expires, your employer has to get confirmation of your right to work within 28 days. If the Home Office doesn't confirm your right to work, your employer can dismiss you.

Asking your employer to contact the Home Office:

Your employer should contact the Home Office at least 14 days after you applied. Your application won’t show up on the Home Office system straight away.

If the Home Office says you’ll need a biometric appointment, your application for an extension might not show up on their system until you’ve had the appointment. If you haven’t had your appointment yet, tell your employer - you can still work while you’re waiting for the appointment.

You can find out more about biometric appointments on GOV.UK.

Make sure you tell your employer when you applied so they know when to contact the Home Office. You can show them a letter or email showing the date when you applied.

If the Home Office take more than 28 days to confirm your right to work:

You can complain to the Home Office if you’re worried you might lose your job because they’ve taken too long to confirm your right to work. You can complain to the Home Office on GOV.UK.

You could also contact your local MP on the Parliament website . They can find out more about the delay and might be able to help speed up your application.

Give your MP as much information as possible - it will help them track down your application. For example, you could show them proof of your application to extend your leave and the date you applied.

Talk to an adviser if you need help complaining to the Home Office or contacting your MP.