Imperial College London has a legal obligation to:

  • ensure that all prospective workers have the right to work (RTW) in the UK before they start work.
  • undertake follow up RTW checks (during employment) on workers who have time limited leave to enter or remain in the UK before their current permission expires
  • undertake appropriate RTW document checks for workers acquired following a TUPE transfer within 60 days

Please note that:

  • failure to carry out RTW checks may result in a civil penalty and recruiters are personally liable.
  • all offers of employment must be made subject to a satisfactory RTW check.
  • individuals will not be permitted to start work until a satisfactory RTW check has been undertaken.
    • Where Departmental staff are responsible for checks, please ensure that checks are fully completed and evidence has been submitted to the relevant HR team, before confirming a final start date to the individual and allowing them to start work.
    • Where the Staff Compliance Team/Casual Worker Team are responsible for checks, please await the formal confirmation from SCT/CWT that all pre-employment conditions have been met before allowing the individual to start work.
  • If an individual requires an in person check and is unable to attend an in person check before their proposed work start date for any reason (health, location, etc), their start date must be delayed until they are able to do so.

  • follow up RTW checks during employment/work will be undertaken by the Staff Compliance Team or Casual Worker Team as necessary

Departmental Right to work checkers for employees: Please see training slides for the refresher sessions on conducting compliant right to work check here - RTW checks Departmental refresher December 2024. A recorded version of this 40 minute briefing sessions will be uploaded as soon as possible.

 


Please note the following important changes to RTW checks from 1 October 2022:

  • The temporary COVID-19 adjusted RTW check measures, which have allowed manual Right to Work (RTW) checks to be carried out remotely by video call (since 30 March 2020) instead of in person, will end on 30 September 2022.
  • For RTW checks conducted on or after 1 October, only the following types of RTW checks will be permissible:

1) Home Office online RTW check - using the Home Office online service

  • There is no change to this. Home Office online RTW checks for EEA/non-EEA nationals with relevant UK immigration statuses should continue as now.
  • These online checks require the individual to provide their RTW share code, and the RTW checker to check their RTW status online and verify the online check photo with the individual, either in person or via video call, to confirm that it is a true likeness, before they start work.

2) A manual RTW check - of original documents, carried out in person

  • These checks must be conducted in person, as checks conducted remotely by video call will no longer be compliant with Home Office RTW legislation.
  • It is expected that departmental staff will resume responsibility for carrying out in person manual RTW checks for staff in the groups highlighted in the table below i.e. UK/Irish nationals and EEA/non-EEA nationals with Indefinite Leave to Remain endorsed in a current passport.
  • Please also remember that, from 6 April, manual checks of Biometric Residence Permits/Cards and Frontier Worker Permits are no longer permissible and must be verified via a Home Office online RTW check.

3) A digital RTW check - using Identity Document Validation Technology (IDVT) via the services of a certified Identity Service Provider (IDSP)

  • The Home Office has introduced changes which enable employers to procure the services of a certified Identity Service Provider (IDSP) to carry out digital RTW checks on holders of valid biometric British/Irish passports or Irish passport cards. Similar to Home Office online RTW checks, these checks require the employer to verify the online check photo with the individual, either in person or via video call, to confirm that it is a true likeness, before they start work.
  • We are currently liaising with several IDSPs with a view to piloting the use of digital RTW checks within the Casual Worker Team initially, to allow us the opportunity to consider the feasibility and benefits of extending digital RTW checks College-wide. We will keep you updated of any developments.

  • Responsibility for conducting RTW checks is dependent on the type of check i.e. initial or follow-up, and the individual’s employment type i.e. employee or casual worker, and nationality and immigration status, as outlined in the table below.
  • Guidance on conducting online RTW checks using the Home Office online service is available.
  • If you are unsure about any documents/online check results, please contact the Staff Compliance Team before permitting work to start.
  • Additionally, where an individual has an outstanding visa/immigration status application or their immigration status requires additional verification, the Staff Compliance Team or Casual Worker Team will check this using the Home Office Employers Checking Service (ECS).

  • For Right to Work (RTW) checks conducted on or after 1 October 2022, please use the - Imperial-Right-to-Work-Checklist Department. for Department use only - for Initial RTW checks for New Employees conducted on or after 1 October 2022 
  • Initial and Follow-up RTW checks for:
    • Employees with any other time-limited immigration status will be carried out by the Staff Compliance Team
    • All Casual Workers, irrespective of nationality and immigration status, will be carried out by the Casual Worker Team
  • Given the frequency of updates, please use the current published version of the RTW checklist rather than saving local copies.
 

TYPE OF RTW CHECK REQUIRED

RESPONSIBILITY FOR RTW CHECK

Initial RTW checks for New Employees for:

 

 

  • UK or Irish national
  • EEA/non-EEA national with Indefinite Leave to Remain endorsed in a current passport

In person manual RTW check

Departmental staff

  • EEA national or non-EEA dependent of an EEA national with EU Settlement Scheme Pre-settled/Settled Status
  • EEA national or non-EEA dependent of an EEA national with (digital) Certificate of Application (CoA)
  • EEA nationals with a Frontier Worker Permit
  • EEA/non-EEA national with Indefinite Leave to Remain endorsed on a Biometric Residence Permit/Card

Home Office online RTW check

Departmental staff

Initial & Follow-up RTW checks for Employees for:

 

 

  • EEA/non-EEA national with time-limited visa vignette in a current passport (e.g. UK Entry permission or visa of less than 6 months)

In person manual RTW check

 

Staff Compliance Team

 

  • EEA/non-EEA national with time-limited visa who holds a valid Biometric Residence Permit/Card/digital status

Home Office online RTW check

Staff Compliance Team

  • EEA/non-EEA national with an outstanding visa/immigration status application
  • EEA/non-EEA national who has had their immigration status temporarily extended by UKVI due to Covid-19-related concessions to immigration rules (e.g. ‘exceptional assurance’)

Home Office Employers Checking Service (ECS) check

Staff Compliance Team

  • EEA/non-EEA national with time-limited RTW

 

Follow up RTW check

Staff Compliance Team

Initial & Follow-up RTW checks for Casual Workers for:

 

 

  • UK or Irish national

with valid biometric British/Irish passport or Irish passport card

In person manual or

IDSP digital RTW check (when available)

Casual Worker Team

  • EEA/non-EEA national with Indefinite Leave to Remain endorsed in a current passport
  • EEA/non-EEA national with time-limited visa vignette in a current passport (e.g. UK Entry permission or visa of less than 6 months)

In person manual RTW check

Casual Worker Team

  • EEA national or non-EEA dependent of an EEA national with EU Settlement Scheme Pre-settled/Settled Status
  • EEA national or non-EEA dependent of an EEA national with (digital) Certificate of Application (CoA)
  • EEA nationals with a Frontier Worker Permit
  • EEA/non-EEA national with Indefinite Leave to Remain endorsed on a Biometric Residence Permit/Card
  • EEA/non-EEA national with time-limited visa who holds a valid Biometric Residence Permit/Card/digital status

Home Office online RTW check

Casual Worker Team

  • EEA/non-EEA national with an outstanding visa/immigration status application
  • EEA/non-EEA national who has had their immigration status temporarily extended by UKVI due to Covid-19-related concessions to immigration rules (e.g. ‘exceptional assurance’)

Home Office Employers Checking Service (ECS) check

Casual Worker Team

  • EEA/non-EEA national with time-limited RTW

Follow up RTW check

Casual Worker Team



 

The 3 step process

Step 1 Obtain

There are three types of right to work (RTW) checks that the College may carry out:

  • an in person manual RTW check; or
  • an IDSP digital RTW check (Casual Worker Team only); or
  • a Home Office online RTW check

These checks may be conducted by departments, the Staff Compliance Team or the Casual Worker Team, dependent on the type of check i.e. initial or follow-up, and the individual’s employment type i.e. employee or casual worker, and nationality and immigration status, as outlined in the table above.

Additionally, where an individual has an outstanding visa/immigration status application or their immigration status requires additional verification, the Staff Compliance Team or Casual Worker Team will check this using the Home Office Employers Checking Service (ECS).

For in person manual RTW checks

Obtain original documents from one of the lists of acceptable documents for right to work checks, either List A or List B Group 1 or List B Group 2:

  • List A documents provide continuous permission
  • List B Group 1 documents provide time-limited permission until the expiry date of leave
  • List B Group 2 documents provide time-limited permission for 6 month

Please note that:

  • From 1 October 2022, temporary COVID-19 adjusted RTW check measures will end and manual checks must be conducted in person, as checks conducted remotely by video call will no longer be compliant with Home Office RTW legislation.
  • From 6 April 2022, manual checks of Biometric Residence Permits/Cards and Frontier Worker Permits are no longer permissible and must be verified via a Home Office online RTW check.

or

For IDSP digital RTW checks (Casual Worker Team only)

Obtain digital RTW check report, including RTW documents and photo.

The digital RTW check portal supports checks for UK or Irish nationals with a valid biometric British/Irish passport or Irish passport card.

Or

For Home Office online RTW check

Obtain RTW documents and RTW share code.

The online RTW check portal supports checks for those who hold: 

  • a biometric residence permit; 
  • a biometric residence card; 
  • status issued under the EU Settlement Scheme;
  • an EU Settlement Scheme Certificate of Application (CoA);
  • status issued under the points-based immigration system;
  • British National Overseas (BNO) visa;
  • Frontier workers permit  

and

For all manual, digital and online RTW checks

Obtain additional documents for the following:

  • For Tier 4/Student visa holders:
    • Completed Student Visa work form; and
    • Where the term dates are not stated on the Student Visa work form, evidence of term and holiday dates (ideally for full duration of the study programme however, if the evidence covers a lesser period, additional evidence will be needed for employment to continue past the expiry date); or
    • Evidence of completion and/or award of the study programme to confirm that their term-time working hours restriction no longer applies whilst their Tier 4 / Student visa leave is valid
    • This requirement is in place in order to ensure that the College has on record details of when the student is able to work part-time or full-time.
  • For Tier 2/Skilled workers or Tier 5/Temporary workers, sponsored by Imperial and newly arrived in UK:
    • Evidence of UK Entry date (during Entry Vignette validity period) e.g. stamp in passport / flight booking
  • For Tier 2/Skilled workers or Tier 5/Temporary workers, sponsored by Imperial or another employer and undertaking supplementary work:
    • Certificate of Sponsorship, Job description and Contract (confirming normal working hours) for their sponsored employment and 
    • ATAS certificate, where undertaking relevant research  activities  
      Please note: These documents must be checked by the Staff Compliance Team before the individual is allowed to start work or access College campuses or IT network

Step 2 - Check

For in person manual RTW checks

You must view the orig­i­nal doc­u­ments in the presence of the holder and check that:

  • pho­tographs and dates of birth are con­sis­tent across doc­u­ments and with the individual’s ap­pear­ance;
  • ex­piry dates for permission to be in the UK have not passed;
  • any work restrictions allow them to do the type of work on offer;
  • the doc­u­ments are gen­uine, have not been tam­pered with and be­long to the holder;
  • the reasons for any dif­fer­ence in names across documents can be ex­plained by providing evidence (e.g. marriage cer­tifi­cate, di­vorce doc­u­ment, deed poll).

Please contact the Staff Compliance Team for further advice if you are concerned about the authenticity of a candidate's documentation.

For IDSP digital RTW checks (Casual Worker Team only)

You must use the IDSP digital RTW Check portal to view the individual’s digital RTW check report, including RTW documents and photo, and verify the digital check photo with the individual, either in person (through department) or via video call, to confirm that it is a true likeness.

For Home Office online RTW checks

You must use the Online RTW Check portal to view the individual’s immigration status and photo online and verify the online check photo with the individual, either in person (through department) or via video call, to confirm that it is a true likeness.

Guidance on conducting online checks is available. For any queries regarding the online checks process or result, please contact the Staff Compliance Team.

 

Step 3 - Copy

  • ‌Request/copy and retain clear, good quality copies/scans of each document in a format which cannot manually be altered, including:
    • Passports: any page with the document expiry date, nationality, date of birth, signature, leave expiry date, biometric details, photograph, and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question.
    • All other documents: the document in full e.g. including both sides of a Biometric Residence Permit or Application Registration Card.
    • IDSP Digital and Home Office Online RTW checks results: the dated PDF result document
    • Home Office ECS Positive Verification Notice: the dated PDF result document
  • Complete the Imperial Right to Work Checklist 2023 to confirm: 
    • that the RTW check was conducted before the individual’s first day of employment; or
    • the date and time the RTW check was conducted on their first day of employment, to demonstrate that the individual did not start work before the RTW check was undertaken.
  • Where the individual already holds a valid RTW in the UK status and the department is responsible for the RTW check, email the successful candidate’s completed Imperial Right to Work Checklist 2023 (including scanned RTW evidence document photos/scans, and saved as one PDF) to the Recruitment Hub/Staff Hub  along with the request to hire/contract request form.
  • RTW checks may be completed at/after interview stage however please note the following recommendations which are designed to minimise the need for in person RTW checks wherever possible:
  • When conducting in person interviews, please ask candidates to bring original documents evidencing their RTW (or their passport if they require/hold permission to work in the UK).
  • Where EEA/non-EEA nationals provide evidence of Indefinite Leave to Remain endorsed in a current passport, please encourage them to make a free application to obtain a Biometric Residence Permit/Card. Once an application is submitted, the Staff Compliance Team will be able to verify their initial RTW via the Home Office Employers Checking Service and conduct a follow up check using the Home Office online service upon receipt of their Biometric Residence Permit/Card.
  • Where the RTW check is not conducted at interview stage, this must be scheduled and completed prior to the individual’s proposed work start date.
  • We recommend that you complete the RTW check and submit the completed RTW checklist and evidence with the new hire/contract request, or as soon as possible thereafter, to the HR Recruitment/Staff Hub so that this can be quality checked at the earliest opportunity. This will help to ensure that this pre-employment condition does not cause any avoidable delays to start dates.
  • Wherever possible, we will ask EEA/non-EEA nationals with time-limited UK Entry vignettes endorsed in a current passport to collect their Biometric Residence Permit as soon as possible upon arrival in the UK, ideally before they start work as this should enable them to prove their RTW using the Home Office online service.