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.
Most student visa holders are restricted to work up to 20 hours per week.
Where a Student/Tier 4 visa holder is applying to switch into Skilled Worker, they are permitted to start work during their application for a Skilled Worker visa. See Switching from a Student/Tier 4 visa into Skilled Worker for additional information.
BREXIT Right to Work rules changed on 1 July 2021
The transition period ended on 31 December 2020 and the right to work rules changed on 1 July 2021. New employees/casuals who are EU/EEA citizens need to show that they have Pre-Settled or Settled status or a UK visa (instead of just their passport) to evidence they have the RTW in the UK before starting work.
Showing just a passport will then only be acceptable for British and Irish nationals.
Retrospective checks are not required for EU/EEA citizens employed prior to 1 July 2021, but casuals starting a new engagement will need to meet the new RTW rules even if they have been engaged before.