Law Guide

Permission to work in the UK

Contents

Your employer will need to know if it is legal for you to work in the UK and whether you need a work permit or visa. You will need to show proof of your right to work.

Who can work in the UK?

If you want to come to the UK to work, whether you can do so depends on who you are and where you are from. Unless you're a British citizen or a citizen of one of the European Economic Area (EEA) countries, you may need a visa before you travel here.

If you have to get a visa, you'll need to be cleared by officials at a British Overseas Mission in your country of origin. Once cleared, the entry clearance certificate, or visa, will be put into your passport or travel document.

Accession state workers

If you're from one of the new EU member, or 'accession', states you may need to register with the Home Office or the UK Border agency There are currently two categories of accession states, A8 ( the countries that joined the EU in 2004) and A2 (the countries that joined in 2007)

The A8 countries are:

  • Poland
  • Lithuania
  • Estonia
  • Latvia
  • Slovenia
  • Slovakia
  • Hungary
  • The Czech Republic
If you’re from an A8 country you must register with the Home Office under the Worker Registration Scheme within one month of starting a job.

Workers from these countries don't need to register to work in the UK if they are:

  • Self-employed
  • From Cyprus or Malta
The A2 countries are:

  • Bulgaria
  • Romania
If you are a national of one of these countries you may be subject to worker authorisation requirements. This means that you need authorisation from the UK Border Agency before accepting or starting any employment in the UK.

You do not need authorisation if you are self-employed.

There are a few other circumstances when you wouldn't need to register if you're from one of the accession states.

As an agency or temporary worker, you’ll need to register to work within a month of starting work.

Students

If you’re an international student you may not need permission to work here when you’re studying. If your home country is in the EEA, or you’re a Swiss national, you can work without restrictions on the type or amount of work you do.

Otherwise, you should check the visa stamp in your passport. If it says ‘prohibited’ you can’t work in the UK. If it grants you leave to enter or remain in the UK as a student, you can work here provided you:

  • Don’t work more than 20 hours a week during term time, unless the employment is part of your studies or is an internship
  • Don’t engage in business, are not self-employed and don’t provide services as a professional sportsperson or entertainer
  • Don’t take a permanent full-time position
Students from A2 countries

If you are a student from an A2 country you will need permission from the UK Border Agency to work. You will be allowed to work for up to 20 hours per week and full time during vacations or if you are on a vocational course.

Students from A8 countries

If you are a student from an A8 country and you wish to work you should check whether you need to register the work with the Worker Registration Scheme.

You could also check the visa stamp in your passport. If it says 'prohibited' you can't work in the UK. If it grants you leave to enter or remain in the UK as a student, you can work here provided you:

  • Don't work more than 20 hours a week during term time, unless the employment is part of your studies or internship
  • Don't engage in business
  • Are not self-employed
  • Don't provide services as a professional sportsperson or entertainer
  • Don't take a permanent full-time position

Non-EEA and non-Swiss nationals

If you want to work in the UK and are not from an EEA country or Switzerland, it is likely you will need to apply under the points-based system.

Points-based system

There are five tiers in the points-based system:

  • Tier 1 - highly skilled workers
  • Tier 2 - skilled workers with a job offer
  • Tier 3 - low-skilled workers filling specific temporary labour shortages
  • Tier 4 - students
  • Tier 5 - youth mobility and temporary workers
Tier 1

Tier 1 of the points-based system was introduced on 30 June 2008. You should apply under this tier if you want to come or extend your stay in the UK and you are a:

  • Highly skilled worker
  • Entrepreneur
  • Investor
  • Post-study worker
This applies if you are here now under the Highly Skilled Migrant Programme which closed when Tier 1 was introduced.

Tier 2

Tier 2 opened for migrants on 27 November 2008. You should apply under this tier if you are a skilled worker with a job offer. For example, if you are a teacher or a nurse.

To apply under Tier 2 you need to have:

  • A Certificate of Sponsorship provided by an organisation who has a UK Border Agency sponsorship licence
  • Evidence that you meet other criteria to earn you points towards your application
Tier 3

Tier 3, the route for low-skilled workers is currently suspended.

Tier 4

Tier 4 for students was introduced on 31 March 2009. There are two types of student categories in Tier 4 of the points-based system:

  • Adult student (also known as general student)
  • Child student
To apply, you must want to study with an approved education provider that has a UK Border Agency Tier 4 sponsorship licence.

Tier 5

Tier 5 opened for migrants on 27 November 2008. You should apply under this tier if you are a youth mobility or temporary worker. For example, if you are a musician coming to play in a concert.

To apply under Tier 5 you need to have:

  • A Certificate of Sponsorship provided by an organisation who has a UK Border Agency sponsorship licence
  • Evidence that you meet other criteria to earn you points towards your application
Further help on the points-based system

If you need more information on the points-based system visit the UK Border Agency website at Points-based system .

What proof an employer will need

If you’re from an EEA country, you’ll need to show a prospective employer your passport, national identity card or Home Office Registration Certificate.

If you are from an A2 or A8 country and need permission to work from the UK Border Agency you will need to show your work document.

Employers can face unlimited fines if they employ illegal workers, so they need to make sure that no one they employ is working in the UK illegally. However, to protect themselves against discrimination laws, they should treat all job applicants equally. So don’t be offended if you’re asked to prove your nationality, even if it’s ‘obvious’. Even UK nationals will be asked to provide proof of their nationality.

If you don’t have a passport or haven’t access to it, there are other combinations of documents that you can use as proof of your identification.

Where to get help

For England, Wales and Scotland the Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 8.00 pm Monday to Friday and from 9.00 am to 1.00 pm on Saturdays.

For Northern Ireland, the Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues. You can call the LRA helpline on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.