Your right to work in the UK: What you need to know

by Michael Cheary

So you want to work in the UK, but you have no idea where to start…

Whether you're new to the UK, returning after time abroad, or simply want to understand your employment rights better, knowing your right to work status is essential. 

Here's your comprehensive guide to UK working rights, including who can work in the UK, what documents you need, and how the system has changed since Brexit.

Who can work in the UK?

Understanding your eligibility to work in the UK depends on your nationality and circumstances.

Let's break down the main categories:

British citizens

If you're a British citizen, you have an automatic right to work in the UK. 

This includes those born in the UK, naturalised citizens, and those who have acquired British citizenship through descent or registration.

EU, EEA and Swiss nationals

The rules for EU, EEA and Swiss nationals changed significantly after Brexit. Here's what you need to know:

• If you worked in the UK before 31 December 2020: You may be eligible to work, but you needed to apply for settled or pre-settled status by 30 June 2021
• If you didn't work in the UK before 31 December 2020: You'll likely need a visa to work in the UK

EEA countries include: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

Other nationalities

If you're not a British, EU, EEA or Swiss national, you'll typically need a visa to work in the UK. The specific visa you need depends on your circumstances, qualifications, and the type of work you want to do.

UK visa types for working

The UK operates a points-based immigration system designed to attract skilled workers. Here are the main UK visa categories:

Skilled Worker visa

This visa has replaced the previous Tier 2 (General) work visa. To qualify, you need:

• A job offer from a Home Office-approved employer
• A 'certificate of sponsorship' from your employer
• A role that appears on the list of eligible occupations
• To meet the English language requirement
• To meet the minimum salary threshold

For more information about whether you’re eligible for a Skilled Worker visa, please visit: https://www.gov.uk/skilled-worker-visa. 

Health and Care Worker visa

Designed specifically for qualified healthcare professionals supporting the NHS and social care sector. You'll need:

• A job offer from an approved employer
• A certificate of sponsorship
• Registration with the relevant UK professional body (where required)

For more information about whether you’re eligible for a Health and Care Worker visa, please visit: https://www.gov.uk/health-care-worker-visa. 

Global Talent visa

This visa is for highly skilled individuals in specific fields including science, engineering, humanities, medicine, digital technology, and arts and culture. The key advantage? You don't need a job offer before applying.

For more information about whether you’re eligible for a Global Talent visa, please visit: https://www.gov.uk/global-talent. 

Graduate visa

If you've completed a degree at a UK university, you may be eligible for a Graduate visa. This allows you to:

• Stay in the UK for up to 2 years after graduating (3 years for PhD graduates)
• Work at any skill level
• Look for work or start your own business

For more information about whether you’re eligible for a Graduate visa, please visit: https://www.gov.uk/graduate-visa. 

In order to apply for most work visas, you’ll usually need to gain a job offer with sponsorship from an employer in the UK first. This employer must also be approved by the Home Office and be on its list of eligible employers. 

For a full list of the visas available to you please visit: https://www.gov.uk/visas-immigration.

UK work visa guide

Right to work documents in the UK

When starting a new job, your employer must verify your right to work in the UK. The documents you need depend on your status:

List A documents (no time limit on right to work)

• British passport
• Irish passport
• Passport showing indefinite leave to remain
• Biometric residence permit showing indefinite leave to remain

List B documents (time-limited right to work)

• Passport with valid visa
• Biometric residence permit with time-limited permission
• Certificate of Application (while awaiting a decision on an application)

Your employer should check your original documents and keep copies for their records.

How to prove your right to work to an employer

Share Code UK: Proving your right to work online

In addition to the physical documents listed above, some people can prove their right to work using a share code.

If you have a biometric residence permit, biometric residence card, or digital immigration status (like pre-settled or settled status), you can generate a share code on gov.uk.

This share code isn’t a standalone right-to-work document, but a digital way for your employer to check your status online. It works alongside the standard document checks and is designed to make the process quicker and more secure, especially for those with digital immigration records.

Right to work checks: What employers need to know

Employers have a legal duty to check that all their employees have the right to work in the UK. They must:

• Check documents before employment begins
• Check original documents (not photocopies)
• Keep copies of the documents
• Conduct follow-up checks for time-limited permissions

Failure to carry out proper right to work checks can result in significant penalties for employers.

Workers' rights in the UK

Once you have the right to work in the UK, you're entitled to various employment rights, including:

• National minimum wage protection
• Working time limits and rest breaks
• Holiday entitlement
• Protection against discrimination
• Health and safety protections
• Sick pay entitlements

These rights apply regardless of your nationality or visa status, as long as you're legally working in the UK.

Why does employment law exist?

Contract of employment – key terms explained and your rights

What if I don't currently have the right to work in the UK?

If you don't currently have the right to work in the UK, you'll need to apply for the appropriate visa before you can legally start working. The process typically involves:

1. Securing a job offer: For most work visas, you'll need sponsorship from an approved UK employer
2. Meeting visa requirements: This includes qualifications, English language skills, and financial requirements
3. Submitting your application: Apply online through the gov.uk website
4. Attending a visa appointment: You may need to provide biometric information and attend an interview

Remember, working without the proper permission can have serious consequences, including deportation and future visa refusals.

What jobs am I eligible for?

This will depend on the individual employer, the type of role, and your relevant skills and experience.

Whilst some organisations have a licence to sponsor temporary and/or permanent employees to allow them to work at their business, not all of them will be able to do this.

To find out whether the job is something you’d be eligible for, check the job description – or get in touch with the employer directly.

View all jobs with sponsorship eligibility

Common right to work mistakes to avoid

• Starting work before your visa is approved: Always wait for official confirmation
• Letting your visa expire: Keep track of expiry dates and apply for extensions in good time
• Working beyond your visa conditions: Some visas have restrictions on hours or types of work
• Not informing your employer of status changes: Keep your employer updated about any changes to your right to work

Getting help with your right to work questions

If you're unsure about your right to work status or need help with visa applications:

• Visit the official gov.uk website for the most up-to-date information
• Contact the UK Visas and Immigration (UKVI) helpline
• Seek advice from a qualified immigration lawyer
• Check with your local Citizens Advice Bureau

Your next steps

Understanding your right to work in the UK is the first step towards finding a job you'll love. 

Whether you're looking for graduate opportunities, planning a career change, or returning to work after a career break, make sure you have the right documentation in place.

If you’re unsure about your status, use the government’s online checking tools or get professional advice. A little preparation now can save you a lot of stress later.

Ready to start your UK job search? Browse thousands of opportunities on Reed.co.uk now.

Please note: Immigration rules can change frequently. Always check the official gov.uk website for the most current information about your right to work in the UK. This article is for general guidance only and shouldn't replace professional immigration advice.