Right to work checks

All new starters – even those who have left LSE and now wish to return – must present proof of their right to work before doing any work

LSE is obliged to prevent illegal working and to demonstrate this all employees must undertake a right to work check before they start working at the School. This includes those returning to the School after a previous contract has ended.

Also, some EEA nationals may need a visa if they are coming to the UK to work for the first time.

The right to work check process is managed by the HR Operations team and if you have any specific queries that are not answered below, please contact them by email.

The Home Office expects all employers to actively prevent illegal working.

Conducting a right to work check correctly before a person starts work provides a 'statutory excuse'. A statutory excuse provides a legal defence in the event that an employee is found to be working illegally. This means that LSE is protected from a financial penalty and/or other sanctions which might affect our ability to sponsor overseas students and staff.

The statutory excuse expires when either:

an employee leaves LSE or
when their visa expires.

Therefore it is essential to repeat the right to work check when an employee re-joins LSE after a break in their employment or when they receive a new visa.

The check must be completed before any work starts and no later than 9:30am on their first day.

If you would like the employee to start work later on their first day for any reason, please send an email to the HR Operations team to confirm:

that they started after 9:30am on their first day, and
that they did not carry out any work before they did their right to work check

The School follows the Annex A list of accepted documents published by the Home Office.

Employees are asked to either present documents as stated on the list or provide a share code via the Home Office website if they have a digital immigration status.

Please note that BRP cards can no longer be accepted as proof of right to work and BRP card holders must conduct their right to work check using a share code.

You need to repeat a right to work check when:

A person returns to LSE after a break in their employment. For example, someone who has taught for you previously comes back the following year to teach again, or
Before a person's visa expires.

HR normally sends a reminder to staff at 3 months and 1 month prior to their visa expiry date to remind them to repeat their right to work check.

As a line manager you should ensure that you are aware of your staff’s visa expiry dates and actively encourage them to renew their visas promptly so that you can be confident that they will still be able to work after their visa expires.

Before their visa expires staff will need to present to the HR Division either:

Evidence of their new visa, or
Evidence that they have applied to renew their visa and a completed ECS Check form.

If the individual has a visa application in progress with the Home Office, we will need to verify this through the Employers Checking Service (ECS) at the Home Office. Once we receive a positive response from the Home Office, the individual will be able to continue to work for LSE until a formal decsion is made on their visa application. Once they have received their new visa, they must undertake a new right to work check with HR as soon as possible.

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