A right to work check is a Home Office process to establish that each employee or casual worker has the right to work in the UK before they start their employment.
In addition, those with time-limited right to work in the UK (i.e. those who hold a ‘List B’ document such as a visa) must have a repeat check before their visa/document is due to expire.
Please note that most student visa holders are restricted to work up to 20 hours per week. Before employing a student, please ask them to complete the Tier 4 Student Employment Declaration form to check whether they are working for another employer and whether their visa permits them to work full time outside term.
Where a Tier 4 visa holder is applying to switch into Tier 2 they are permitted to start work during their application for a Tier 2 visa. See Switching from a Tier 4 visa into Tier 2 General for additional information
Whether the UK leaves the EU with or without a deal, EU, EEA, and Swiss nationals and their family members who are living in the UK before Brexit will continue to have the same rights in the UK and will have until December 2020 to apply for Pre-Settled or Settled Status under the new EU Settlement Scheme.
As they have until December 2020 to apply Europeans can still simply present their passport to evidence their right to work in the UK, as the right to work rules will not change until 2021.
For more information on Brexit and the rights of those already, and arriving, in the UK please see our BREXIT information page.