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If you are not a British citizen, are you up to date with the latest legislation relating to your right to live and work in the UK?

In 2014, the Home Office introduced new statutory codes of practice to prevent illegal working and unlawful discrimination, which have impacted upon the document checks that employers are required to undertake to ensure people are eligible to work in the UK.

We know that many social workers are not originally from the UK; therefore Sanctuary is issuing a reminder to all workers to ensure they are up-to-date on the latest legislation.   

The key changes include:

- Acceptable documents for right to work checks. If you are a foreign national, you must provide suitable documentation to demonstrate you have the right to work in the UK. You may no longer submit UK-issued travel documents (excluding passports), work permits or general Home Office letters as evidence of your ability to work legally. A full list of acceptable documentation can be found on the UK Government website
- All documentation must be valid. If your suitable documentation features an expiry date, this must be valid. The only exceptions are those which show that the holder is a British citizen, a citizen of the UK and Colonies having the right of abode, a national of a European Economic Area (EEA) country or their family members with permanent residence. 

Biometric resident permits (BRPs)

If you are required to hold a visa to live and work in the UK (i.e. you are a resident of a country not considered part of the EEA) and your passport has expired, you are no longer eligible to simply transfer your existing visa onto your new updated passport. 

In this instance, you will have to apply for a Biometric Resident Permit (or if applicable, British Citizenship) which provides proof of the holder’s right to stay, work or study in the UK. 

The permit not only holds a migrant’s biographic details (name, date, place of birth) and information (facial image and fingerprints) but it also highlights their immigration status and available entitlements throughout the duration of their time in the UK. 

What these changes mean for you

At Sanctuary, we will undertake checks for all candidates prior to any new start date to ensure that all valid documentation is held and considered appropriate by the Home Office.

If you have any questions about the changes to legislation, please see the UK government website or alternatively speak with your Sanctuary consultant, who will be happy to help. 
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