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 that recruiters are personally liable.
  • all offers of employment must be made subject to a satisfactory RTW check.
  • follow up RTW checks during employment/work will be undertaken by the Staff Compliance Team or Casual Worker Team as necessary

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

  • The temporary COVID-19 adjusted RTW check measures, which have allowed Right to Work (RTW) checks to be carried out remotely by video call (since 30 March 2020) instead of in person, will now end on 5 April 2022.
  • Statutory in person RTW checks may need to take place again from 6 April 2022 for those we cannot conduct online checks for using the Home Office Online RTW check portal.  However the Home Office is undertaking a review, which is looking at the feasibility of using Identity Document Validation Technology to support digital RTW checks for those who cannot currently use the Home Office’s Online RTW check portal. We will update you about any changes that result from this review in due course.
  • There are two types of RTW checks that the College may carry out:
    • a manual document-based check, which can currently be conducted remotely by video call or in person; and
    • an online check, using the Home Office Online RTW check portal
  • From 1 September 2021, it is expected that departmental staff will resume responsibility for conducting RTW checks for the EEA/non-EEA staff groups highlighted in the table below. These will require an online check, using the Home Office Online RTW check portal. ‌‌Guidance on conducting online checks is available. For any queries regarding the online checks process or result, please contact the Staff Compliance Team.
  • 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 between 1 September 2021 and 5 April 2022, please follow the appropriate actions outlined below and on the Right to Work Checklist- to be used for checks conducted from 1 September 2021 and 5 April 2022.
  • Given the frequency of updates, please use the current published version rather than saving local copies.

If the worker is:

They will require a/an:

They must:

  • a UK or Irish national
  • an EEA national or non-EEA national with Indefinite Leave to Remain endorsed in their current psport

Adjusted manual RTW check - conducted remotely by video call or

In person manual RTW check

By the departmental or

Casual Worker Team RTW checker

  • email a good quality scanned copy of their RTW ID documents to the departmental or Casual Worker Team RTW checker
  • book an appointment with the departmental or Casual Worker Team RTW checker
  • present their original RTW ID documents to the RTW checker for verification at their appointment
  • Departments must send the completed RTW Checklist to the Recruitment Hub/Staff Hub
  • RH/SH/CWTwill QC & save the completed RTW Checklist to e-file.
  • an EEA national or non-EEA dependent of an EEA national with EU Settlement Scheme Pre-settled/Settled Status or a Certificate of Application (CoA)
  • an EEA national with a Frontier Worker Permit
  • an EEA national or non-EEA national with Indefinite Leave to Remain endorsed on a Biometric Residence Permit/Card  

Online RTW Check

 

By the departmental or

Casual Worker Team RTW checker

  • use the Online RTW Check portal to obtain their RTW share code
  • email a good quality scanned copy of their RTW ID documents and RTW share code to the departmental or Casual Worker Team RTW checker
  • Departmental checker will verify the online check photo or conduct a video call with the individual.
  • CWTwill contact the department to verify the online check photo or conduct a video call with the individual.
  • Departments must send the dated online PDF resultdocument and completed RTW Checklist to the Recruitment Hub/Staff Hub
  • RH/SH/CWTwill QC & save the completed RTW Checklist to e-file 
  • an EEA or non-EEA national with a time-limited visa who holds a valid Biometric Residence Permit/Card/digital status
 

Online RTW Check

By the Staff Compliance Team

or

Casual Worker Team RTW checker

  • use the Online RTW Check portal to obtain their RTW share code
  • email a good quality scanned copy of their RTW ID documents and RTW share code to the Staff Compliance Team or Casual Worker Team RTW checker
  • SCT/CWTwill contact the department to verify the online check photo orconduct a video call with the individual.
  • an EEA or non-EEA national with time-limited visa vignette in a current passport (e.g. UK Entry permission or visa of less than 6 months)

Adjusted manual RTW check - conducted remotely by video call or

In person manual RTW check

 By the Staff Compliance Team

or

Casual Worker Team RTW checker

 

  • an EEA or non-EEA national with an outstanding visa/immigration status application

  • an EEA or 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) RTW check

 

By the Staff Compliance Team

or

Casual Worker Team RTW checker

 

  • email evidence of their submitted leave to remain application / temporary extension of status (e.g. exceptional assurance status confirmation) and ECS permission to the Staff Compliance Team or Casual Worker Team

  • SCT/CWT will notify them/the department when they receive a Positive Verification Notice which will allow them to start work


Please note the following important changes to RTW checks which took effect from 1 July:

  • RTW checks for EEA nationals changed when the EU Exit grace period ended on 30 June.
  • Lists A and B, which specify the documents acceptable for Right to Work checks, were amended significantly. The revised lists are available on the Demonstrating Your Right to Work webpage.
  • EEA nationals (except Irish nationals) are no longer be able to demonstrate their RTW by producing evidence of their nationality (i.e. a national passport or ID card), and instead are required to demonstrate their RTW through evidence of their immigration status, using the Home Office Online RTW Check portal (subject to a limited number of exceptions).

Please note the following which will impact upon work start dates:

  • Individuals will notbe 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 individual to start work.

The 3 step process

Step 1 - Obtain

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

  • a manual document-based check - currently conducted remotely by video call or in person
  • or
  • an online check

These checks may be conducted by departments, the Staff Compliance Team or the Casual Worker Team, dependent on nationality and immigration status, as highlighted 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 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 months

or

For online RTW checks

Obtain RTW ID 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 and online RTW checks

Obtain additional documents for the following:

  • For Tier 4/Student visa holders:
    • A 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 (e.g. stamp in passport / flight booking evidence) during Entry Vignette validity period
  • 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 the normal working hours)for their sponsored employment – this must be checked by the Staff Compliance Team before work starts

Step 2 - Check

For 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 online RTW checks

The RTW checker willuse the Online RTW Check portal to view the individual’s immigration status and photo online andwill verify the online check photo themselves (if departmental checker) or by contacting the department (if Staff Compliance Team or Casual Worker Team) or conduct a video call with the individual.

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,includingboth sides of a Biometric Residence Permit or Application Registration Card.
    • Online RTW checks results: thedated PDF result document
  • Complete the Right to Work Checklist 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.
  • Email the successful candidate’s completed Right to Work Checklist (including scanned RTW evidence document photos/scans, and saved as one PDF) to the relevant team along with the request to hire/contract request form.
  • RTW checks may be completed at/after interview stage.
  • 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.
  • Wherever possible 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 to allow sufficient time for this to be quality checked. This will help to ensure that this pre-employment condition does not cause any avoidable delays to start dates.

Useful UKVI guidance: