When recruiting new members of staff it is important for employers to understand which individuals have permission to work in the UK.

Who automatically has the right to work in the UK?

- British citizens (this does NOT include British Dependent Territories citizens and British Overseas citizens)

- Those who have the right of abode in the UK

- Those who have indefinite leave to remain in the UK

- European Economic Area (EEA) nationals & Swiss nationals and their spouses/civil partners

- Commonwealth nationals who have a grandparent born in the UK and have been granted permission to come to the UK on the basis of their UK ancestry

So if an individual does not fall into one of the above categories does that mean that I can't employ them?

No, the individual may be permitted to work in the UK because they are here on a spouse visa, have been granted permission to work in the UK under one of the tiers of the UKBA's points based system or as the dependent of a migrant working the UK under one of the tiers.

What happens if I employ someone who does not have permission to work in the UK?

It is unlawful to employ an individual who does not have the right to work in the UK or who is working in breach of their conditions of stay in the UK under the Immigration, Asylum and Nationality Act 2006. Employers who breach the conditions of the Act may be subject to criminal and civil liabilities.

Is there anything else employers need to take into account when recruiting staff?

In order to avoid claims for discrimination, employers should request confirmation of an individual's right to work in the UK from all prospective employees, not merely those who appear to be of non-British descent. To assist with this process, the Home Office has issued a code of practice on avoiding race discrimination in recruitment: https://www.gov.uk/employing-staff