Proof of right to work request letter template
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Our Proof of Right to Work Request Letter Template simplifies the process of requesting and obtaining necessary documentation from employees.
Use this model proof of right to work letter to request that a new employee submits evidence of entitlement to work in the UK.
Additional implementation support:
Why this letter is necessary
A Proof of right to work request letter is sent to a job applicant or employee requesting them to provide evidence of their legal right to work in the country. The letter typically requests the applicant or employee to provide specific documents, such as a passport or national identity card, that can be used to verify their identity and legal right to work.
A well-crafted proof of right to work request letter should clearly explain what documents are required and provide instructions for submitting them. It should also include a deadline for submission and any other relevant information or instructions that may be needed to complete the process.
Compliance notes
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Immigration, Asylum, and Nationality Act 2006: Requires employers to check the immigration status of employees and ensure they have the right to work in the UK.
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The Equality Act 2010: Ensures fair treatment of job applicants and employees, including the verification process for right to work.
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Data Protection Act 2018: Governs the handling and storage of personal data, including documents provided during the verification process.
An essential part of the hiring process is verifying an employee's right to work in the UK, and these legislations help ensure compliance and fairness in the process.
The request for proof of right to work is typically made in accordance with local laws and regulations, which require employers to verify the legal status of their employees and to maintain accurate records of their right to work. Employers who fail to comply with these requirements may be subject to penalties or fines, so it is important to ensure that all employees have a valid right to work.
Implementation timeline
| Step | Description | Responsibility | Timing (Days from Decision) |
| 1 | Identify the need for proof of right to work documentation. | HR Manager/Supervisor | As needed |
| 2 | Prepare and issue the Proof of Right to Work Request Letter. | HR Manager/Supervisor | 1 day |
| 3 | Employee provides the necessary documentation. | Employee | Within 3 working days |
| 4 | Verify the authenticity and validity of the provided documents. | HR Manager/Supervisor | Within 5 working days |
| 5 | Record the verification results and keep documents on file. | HR Manager/Supervisor | Ongoing |
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Practical example
Scenario: Proof of Right to Work Request Letter at GreenFields Limited
GreenFields Limited, a company specialising in sustainable agriculture technology, is in the process of hiring new employees for an upcoming project. As part of their standard hiring procedure, the HR department must verify that all new employees have the legal right to work in the UK. One of the prospective employees, Alex, has been offered a position as a project coordinator and is required to provide proof of his right to work before his employment can be confirmed.
Context
Alex has successfully passed the interview stages and has received a conditional job offer from GreenFields Limited. As part of the onboarding process, the HR department needs to ensure compliance with UK employment law by verifying Alex's right to work in the UK. This involves requesting the necessary documentation from Alex to confirm his eligibility to work.
Issuing the Request
Sarah, the HR manager at GreenFields Limited, drafts a formal letter to Alex, requesting proof of his right to work in the UK. The letter explains the importance of this documentation and outlines the types of acceptable documents that can be provided.
Drafting the Letter
Sarah ensures that the letter is clear, concise, and informative, providing Alex with all the necessary information to complete this step of the hiring process. The letter specifies a deadline for submitting the documents and provides contact details for any questions or assistance needed.
Sending the Letter
Once the letter is finalised, Sarah sends it to Alex via email and follows up with a phone call to ensure that he has received the request and understands the requirements.
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Specifications
10 mins
962 words, 3 pages A4
1 July 2024
[Company name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Position of [job title]
I hope this letter finds you well. As part of our ongoing commitment to compliance with UK employment regulations, we are required to verify the right to work status of all our employees.
To proceed with this process, we kindly request that you provide the following original documents from List A or List B of the Home Office Right to Work checklist:
List A
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A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
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A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.
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A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
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A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
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A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
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A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
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A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
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A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
List B Group 1
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A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
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A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
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A current immigration status document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
List B Group 2
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A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
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A Certificate of Application (digital or non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
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A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU (J) to the Jersey Immigration Rules or Appendix EU to the immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.
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An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
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A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.
Please submit the required documents to [Your Company Name] HR Department within the next [number of days, e.g., 5 working days]. If you are unable to provide the requested documents, please contact us immediately to discuss further steps.
Rest assured that any information you provide will be treated with strict confidentiality, adhering to data protection regulations.
Thank you for your prompt attention to this matter. If you have any queries or require assistance, please do not hesitate to contact our HR Department at [HR Contact Number] or [HR Email Address].
We value your contribution to the company and look forward to resolving this matter promptly.
Yours [faithfully | sincerely],
[Sender name]
[Sender job title]
[Sender telephone]
[Sender email]
[For, and on behalf of [Company name] ]
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