Right to Work (RTW) Checks
The Immigration, Asylum and Nationality Act 2006 places a legal responsibility on employers to prevent illegal working and to only engage those who have a right to work in the UK. As a result, Queen’s as an employer must check that all employees are entitled to work in the UK. A RTW check must take place prior to undertaking any duties.
The University can do one of the following:
- a RTW check using an Identity Service Provider (IDSP)
- a Home Office online RTW check
- a manual RTW check
During your employment, you must continue to hold the right to work in the UK and cooperate with the University on any request to view such confirmation. If you move to another immigration category, you must advise People and Culture immediately so that your status can be updated.
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British and Irish citizens
Upon issuance of your offer pack, you will receive a separate email with a link to complete your RTW check online via our IDSP (ID Pal). You will need a smart phone and your passport to complete the check. If you do not have a smart phone and/or a passport you can liaise with the HR Hub to complete a manual RTW check.
- Visa holders
Please ensure that you contact International Staff Support ahead of your first day with a RTW share code and your date of birth. We will then arrange to meet you briefly via video call to complete an online RTW check.
If you are applying for a visa from abroad before taking up your position, you will not be able to provide the share code until you have received your visa decision.
If you are a visa holder and you enter the UK before the ‘valid from’ date on your visa, you will not have permission to work. If this happens, you will have to leave the Common Travel Area (UK, Guernsey, Jersey, Isle of Man and Ireland) and re-enter the UK once your visa becomes valid.
- Employer Checking Service (ECS)
If you cannot provide evidence of your immigration status, e.g., where you have an outstanding application or there is a technical issue with an online RTW check, International Staff Support can submit an ECS check to ask the Home Office to verify your right to work.
The Home Office will send a Positive Verification Notice (PVN) to confirm if you have the right to work. This will confirm your current immigration status; i.e., where you are applying to switch visa categories, it will confirm your right to work under your existing immigration status and not the immigration status of your outstanding application. Someone switching from a Skilled Worker to a Global Talent visa would therefore only be allowed to continue carrying out work in line with the Skilled Worker restrictions, for example.
The PVN will be valid for six months, when a follow-up check can be submitted if necessary.
- Section 3C leave
“Section 3C leave” refers to section 3C of the Immigration Act 1971. Section 3C leave extends your existing immigration permission and any associated conditions if you make an ‘in-time’ application to extend your stay in the UK. ‘In-time’ means that the application was made before the existing visa expired. You will continue to hold 3C leave while you are awaiting a decision on the application (and while any appeal or administrative review is pending). For RTW purposes, this is evidenced through a RTW share code or an ECS check.
Under section 3C leave, you remain subject to the conditions attached to your current leave. For example, a person subject to a condition allowing employment may continue to work as before. Any restrictions on the type of employment allowed or the number of hours they can work will still apply.