All spouses/children who are in the UK under Armed Forces immigration rules are eligible to work. Spouses on visit visas can’t work. If your visa has expired and you didn’t make an application to remain in the UK before it expired, then you are an overstayer and also can’t work.
Back to topFrom January 2025 everyone in the UK, with a visa issued for more than 6 months, should be able to evidence their right to work through their eVisa. This includes partners and children on the Armed Forces immigration rules as well as those issued leave under the EU Settlement Scheme. Your employer, or potential employer, will ask for a share code. You can generate a share code using the ‘View and Prove’ service. For further guidance you can watch the video – GOV.UK: How to prove your immigration status with an eVisa (video). If you do not have an eVisa, see our Visas for partners and children page and select number 5 for further information.
If you have a valid passport stamped to show that you have indefinite leave in the UK (whether indefinite leave to enter or indefinite leave to remain) or no time limit on your stay then you can still use this to prove your continuous right to work in the UK – it is not necessary for your employer to request an online check. See gov.uk/prove-right-to-work/using-immigration-documents
If your passport with your indefinite leave stamp in it has expired then you are unable to work, you will need to make an application to replace your paper immigration document with an eVisa. For the form, see visas-immigration.service.gov.uk/product/biometric-residence-permit-replacement-service. Please get in touch with us if you have questions about this process.
Soldiers cannot get a share code to prove their right to work but instead are able to use their exempt stamp as evidence. This information is found at gov.uk/prove-right-to-work/using-immigration-documents and also at Home Office: Employer’s guide to right to work checks – see: Page 45 Annex A: Lists of acceptable documents for manual right to work checks, bullet point 4.
If employers need further confirmation of your status, they should visit GOV.UK: Check if a document allows someone to work in the UK for the online right to work check and answer questions 1 to 4 following the guidance in this document: Right to Work Checks Non-UK Service Personnel. The final screen will show that you are eligible to work and gives the employer a ‘continuous statutory excuse’.
Back to topYes, if you have an eVisa you should be able to provide your employer with a share code as outlined in number 2 above. As long as you submitted your application in-time then you are covered by ‘3C leave’ which means that any existing rights in the UK will be extended until your application has been decided. The online service will provide confirmation of your right to work and will provide the employer with the evidence they need to continue employing you for a period of six months. If the application hasn’t been decided in that time they will need to conduct another check.
As UKVI transition to a digital service, some people without eVisas will not be able to generate a share code. In these circumstances a different check is required, your employer needs to contact the Employer Checking Service (ECS) and should receive a Positive Verification Notice (PVN) usually within 5 working days confirming your right to work. However, they will need to wait for 14 days after the date of submission of the immigration application in order for the application to be registered with the Home Office. You can legally continue working for up to 28 days from the date of expiry of your visa whilst you are waiting for the PVN. The PVN will enable you to continue working for 6 months, if the application still hasn’t been decided in that time, your employer will need to conduct another check.
Back to topThere should be no requirement for you to be suspended from work in any circumstance where you have made an in-time extension. It is your employer’s responsibility to conduct the required checks on time. The guidance says ‘To ensure that you do not discriminate against anyone, you should provide every opportunity to enable an individual to prove their right to work’. If you have been suspended or are being threatened with suspension you should contact us immediately.
Back to topIn most circumstances you will be considered an overstayer if you didn’t submit an application in-time. You are therefore not legally allowed to work until you have been granted valid leave. Please get in touch with us if you are in this situation.
Back to topThe full guidance can be found at gov.uk/government/publications/right-to-work-checks-employers-guide or get in touch with us if you have further questions fcsupport@aff.org.uk. We are more than happy to contact your employer if you are experiencing problems.
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