The United Kingdom is a popular destination for international students, offering world-class education and career opportunities. However, as an international graduate seeking employment in the UK, one of the most important steps is understanding the right to work checks that employers must conduct. These checks are a fundamental part of the recruitment process, ensuring that employers are complying with immigration laws and hiring individuals who are eligible to work in the UK. For international graduates, navigating these checks can seem daunting, but with the right knowledge, the process can be much smoother. This article will explore the UK’s right to work checks for international graduates, covering the legal requirements, the types of visas available, how to prove eligibility, and the impact of these checks on your job search.
What Are Right to Work Checks?
Right to work checks are a legal requirement for employers in the UK to ensure that their employees have the appropriate legal status to work in the country. The checks help prevent illegal working and ensure that businesses are not hiring individuals who do not have the necessary immigration status to work. For international graduates, this means that once you have completed your studies, you must have the right documentation or visa status to prove you are eligible to work in the UK.
Employers are required to conduct these checks before an employee starts working, and they must maintain a record of the checks they have carried out. Failure to conduct proper right to work checks can result in hefty fines for employers and could potentially damage their ability to hire international talent in the future.
The right to work checks can be carried out by verifying a range of documents such as a passport, biometric residence permit (BRP), or other government-issued documents that prove your eligibility to work in the UK.
Types of Visas for International Graduates in the UK
International graduates have several visa options available to them, depending on their specific circumstances, qualifications, and career goals. Understanding the various visa categories is essential to navigating right to work checks, as different visa types have different rules regarding employment.
1. Tier 4 (General) Visa – Student Visa
For those studying in the UK on a Tier 4 (General) Student Visa, the ability to work during or after graduation depends on several factors, including the level of study and whether the student is enrolled in a full-time degree program. While studying, international students are typically allowed to work:
- During term time: Up to 20 hours per week.
- During holidays: Full-time work is allowed during scheduled breaks.
However, once the course is completed, the student must transition to a post-graduation work visa or another work-eligible visa to continue employment in the UK. It’s important to note that Tier 4 students cannot work as self-employed individuals, or as a professional sportsperson or entertainer.
2. Graduate Visa
Introduced in 2021, the Graduate Visa is designed specifically for international students who have completed an eligible course in the UK. The Graduate Visa allows you to stay in the UK for two years after completing your studies (three years for doctoral graduates) and work at any skill level during that time. This visa provides international graduates with the opportunity to gain valuable work experience in the UK before potentially transitioning to a work visa that is tied to a specific job.
The Graduate Visa is an excellent option for international graduates as it provides flexibility and time to secure employment in the UK after completing studies. Employers can carry out right to work checks using the Graduate Visa’s biometric residence permit (BRP) or the electronic status information available through the Home Office’s online system.
3. Skilled Worker Visa
The Skilled Worker Visa allows international graduates to stay in the UK and work in a job that requires a specific skill level, typically at RQF Level 3 (A level or equivalent) or above. To be eligible for this visa, applicants must have a job offer from a UK employer that holds a valid sponsorship license. The employer must issue a certificate of sponsorship, and the graduate must meet the specific salary threshold (usually £26,200 per year or £10.75 per hour, depending on the role).
Employers who hire international graduates on a Skilled Worker Visa are required to perform the right to work checks by verifying the applicant’s visa status, often through the BRP or by checking the electronic records provided by the Home Office.
4. Innovator Visa
The Innovator Visa is designed for individuals who want to start a business in the UK. Applicants must demonstrate that they have an innovative business idea that is viable and will contribute to the UK economy. International graduates with a solid business idea can apply for the Innovator Visa, which allows them to work for their own business. However, applicants must have an endorsement from an approved body.
The right to work checks for individuals on the Innovator Visa are similar to those for the Skilled Worker Visa, requiring employers to verify the individual’s status and business activities.
5. Start-up Visa
The Start-up Visa is another option for international graduates who wish to establish a business in the UK. Like the Innovator Visa, applicants must have an innovative business idea that is supported by a recognized UK business incubator. This visa is intended for early-stage entrepreneurs, and applicants can remain in the UK for up to two years.
Right to work checks for individuals with a Start-up Visa will require employers to confirm that the visa holder is eligible to work in the UK, using the relevant documents provided by the Home Office.
How to Prove Your Right to Work in the UK
Once you have a relevant visa that allows you to work in the UK, you will need to prove your right to work during the recruitment process. There are several ways to provide this proof, and employers are obligated to verify this information before hiring you. Here are the main ways to prove your right to work:
1. Biometric Residence Permit (BRP)
A Biometric Residence Permit (BRP) is the primary document used by international graduates to prove their right to work in the UK. This card includes personal details such as your name, date of birth, nationality, and biometric data, along with information on your immigration status and the conditions of your visa. The BRP is used to confirm your right to live, work, or study in the UK, and employers will use this to perform right to work checks.
2. Online Right to Work Check
For individuals holding a biometric residence permit, the Home Office provides an online service where employers can check an individual’s immigration status and verify their eligibility to work. The process requires you to provide your details, including your BRP number, and the employer can then conduct a quick online check to verify your right to work status.
3. Passport or National Identity Card
If you are from an EU or EEA country and hold settled or pre-settled status under the EU Settlement Scheme, you may need to provide a passport or national identity card to verify your right to work. Employers can check your status using the Home Office’s online system, which will confirm your right to live and work in the UK.
4. Visa Stamps and Documents
If you hold a visa stamp in your passport, you may use this as evidence of your right to work. However, since 2015, the UK government has moved toward using digital and biometric records, meaning passport stamps are less commonly used for proving eligibility. Nevertheless, in some cases, if you do not have a BRP, a visa in your passport may suffice.
The Right to Work Check Process for Employers
Employers in the UK are responsible for conducting right to work checks on all employees before they start work. This process must be followed to avoid penalties or fines. The steps involved in the right to work check include:
1. Obtain Documents
The employer must obtain copies of the applicant’s documents that demonstrate their eligibility to work in the UK, such as a BRP, passport, or other government-issued documents. The employer must check that the documents are original and genuine.
2. Verify the Information
Employers are required to verify the authenticity of the documents and ensure they match the individual’s details. This includes checking the photograph, expiration dates, and the authenticity of the visa or biometric information.
3. Retain Records
Employers must keep records of the right to work checks, including copies of the documents provided. This is crucial in the event of an audit by the Home Office. These records must be kept for the duration of the employee’s employment and for a further two years after the end of employment.
4. Ongoing Compliance
Employers must stay informed of any changes to an employee’s immigration status that may affect their right to work in the UK. This includes keeping track of visa expiry dates and renewing right to work checks if an employee switches visa categories or transitions to another immigration status.
Challenges for International Graduates
Navigating the right to work checks can present several challenges for international graduates:
1. Visa Timing and Expiration
Many international graduates may face challenges with the timing of their visa status. If your visa is nearing expiration or your right to work status is unclear, you may struggle to find employment. The Graduate Visa provides some relief by allowing graduates to work for up to two years (three years for doctoral graduates), but it’s essential to stay aware of the expiration dates and renew your visa if necessary.
2. Complexity of Documentation
International graduates may find the documentation requirements for right to work checks overwhelming. Ensuring that all the necessary paperwork is in order—whether it’s a BRP, proof of employment, or other documents—can sometimes be confusing. It’s important to keep copies of all relevant documents and ensure they are up to date.
3. Employer Awareness
Not all employers are familiar with the nuances of right to work checks for international graduates, especially regarding different visa types or the latest policies. Some graduates may face delays or complications if their employer does not fully understand the process. As such, it’s important to have open communication with your potential employers about your visa status and how they can verify your right to work.
Conclusion
Navigating the UK’s right to work checks as an international graduate can be challenging, but understanding the requirements and process will help make your transition to employment smoother. By ensuring that you have the right visa and can provide the necessary documentation, you can demonstrate your eligibility to work in the UK and secure your employment. Always ensure that your documents are up to date and keep track of any deadlines or expiration dates for your visas. If you’re uncertain about any part of the right to work process, don’t hesitate to seek advice from immigration experts or legal professionals. With the right preparation, you’ll be well on your way to embarking on a successful career in the UK.
Zara Adeyemi