Proof of Eligibility to Work in the UK

Right to Work Checks

All Methodist employing bodies have a responsibility to prevent illegal working and should carry out a right to work check before an employee starts work. Right to work checks help establish a statutory excuse against liability for a civil penalty where checks have been completed in accordance with current Home Office requirements.

This guidance applies to Churches, Circuits, Districts and other Methodist bodies acting as employers. As separate employing entities, each body is responsible for ensuring it meets its own legal obligations.

When should a right to work check be carried out?

A right to work check should be completed before employment commences.

Where an individual's permission to work in the UK is time-limited, a follow-up check should be undertaken in accordance with Home Office requirements.

Employing bodies should retain evidence of all checks undertaken. [gov.uk]

How are right to work checks carried out?

There are currently three ways of carrying out a right to work check:

• A manual document check.
• A Home Office online right to work check.
• A digital identity check through an approved service provider, where permitted.

As the requirements can change, employing bodies should always refer to the latest Home Office guidance:

An employer's guide to right to work checks
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide [gov.uk]

Good recruitment practice

Employing bodies should ensure right to work checks are carried out consistently and in a non-discriminatory manner for all prospective employees, regardless of nationality, ethnicity or perceived immigration status.

This helps ensure that all applicants are treated fairly and consistently throughout the recruitment process..

Right to work checks and non-employed workers

From 1 October 2026, the right to work regime is being extended to cover a wider range of working arrangements beyond traditional employment relationships. This may include certain arrangements involving casual workers, agency workers, contractors, subcontractors and other individuals providing services.

For many Methodist employing bodies, this is likely to mean reviewing arrangements involving:

• Casual workers
• Agency workers
• Self-employed contractors
• Other non-standard working arrangements

Where services are provided through agencies or suppliers, Methodist Church employing bodies should ensure responsibility for any required right to work checks is clearly understood and documented. The key question is not simply whether a check has been completed, but who is responsible for ensuring compliance.

Practical steps for employing bodies

As good practice, employing bodies may wish to maintain a simple register of individuals providing work or services, recording:

• How they are engaged (employee, casual worker, contractor, agency worker, supplier etc.);
• Whether a right to work check is required; and
• Who is responsible for carrying out and retaining evidence of that check.

This may help provide clarity, support good governance and demonstrate compliance if required.

Volunteers

Genuine volunteers are not normally subject to right to work checks. However, employing bodies should ensure that volunteer arrangements are genuinely voluntary and do not inadvertently create an employment, worker or contractor relationship.

Care should be taken where individuals receive payment other than the reimbursement of reasonable out-of-pocket expenses. Where an individual provides paid services to an employing body, consideration should be given to whether right to work requirements apply.

Sponsoring workers from outside the UK

Where a potential candidate for a role requires immigration sponsorship to work in the UK, employing bodies should seek advice before proceeding with recruitment and refer to the latest Home Office guidance:

https://www.gov.uk/uk-visa-sponsorship-employers

Sponsorship requirements are complex and employing bodies should ensure they fully understand their responsibilities before making any offer of employment.

Useful contacts

• Border and Immigration Agency’s Employer’s Helpline: Tel: 0845 010 6677
• Sponsorship and Employer’s Helpline: Tel: +44 (0) 300 123 4699
• Home Office UK Border Agency - Information for employers and sponsors
• Business Link - Check the eligibility of your migrant workers [interactive online tool]
• Home Office UK Border Agency - Working in the UK
• HM Revenue & Customs – Coming to work in the UK