UK Immigration & Right to Work Overview

Right to work guidance Mar 2019 – Branded Article

UK immigration system

Generally speaking, the UK immigration system excludes everyone, unless a person is:

  • not subject to immigration control, which includes:
    • British citizens
    • Individuals with right of abode
    • EU nationals and their families, who can rely on EU regulations (for the time being)
  • granted permission to enter or remain in the UK

As a result, if a person wants to work in the UK, they must fall under one of the above listed categories – see below for some more detail regarding each category. Read more

Who is Responsible for Ensuring Workers’ Legality?

As a matter of best practice, recruitment agencies generally screen candidates at an early stage and carry out a full right-to-work check before recommending a candidate to an employer.

However, it is important to bear in mind that, regardless of the industry and the role, the legal obligation to prevent the employment of illegal workers falls on the employer. Therefore, it is prudent for employers to make sure that someone has the right to work before they are hired and a crucial question is whether the recruitment agency or the end-user company is the employer.

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