Right to Work: Prove & Check Eligibility

While workers are required to provide the relevant form of evidence of their Right to Work, employers are legally obligated to verify that their employees have the Right to Work before employment commences and, where necessary, to conduct follow-up checks to ensure continued compliance.

Under the current system, an individual’s Right to Work may be evidenced in various ways, depending on factors such as their immigration status and nationality. In practical terms, this means that some people can present their employer with a physical document, while others have to rely on digital status to verify their permission. This system can quickly become confusing for employers and workers alike, since different procedures apply in different circumstances.

In this guide to the UK Right to Work, we set out the rules for workers looking to prove their eligibility to work, and for employers to comply with their obligation to prevent illegal working.

 

Section A: What is the Right to Work?

 

“Right to Work” in the UK is a legal term that refers to an individual’s permission to undertake employment within the country. This authorisation is determined by their immigration status or citizenship, ensuring that only those individuals who are legally permitted to work are employed, thereby maintaining the integrity of the labour market and preventing illegal employment.

The Right to Work is a fundamental aspect of UK immigration and employment law. Compliance with Right to Work regulations helps prevent illegal working, which can lead to undercut wages, poor working conditions, and exploitation. It also supports the broader goals of social cohesion and economic stability by ensuring that only those who are legally entitled to work in the UK do so.

Under the provisions of the Immigration, Asylum and Nationality Act 2006, employers must verify an individual’s Right to Work. Employers found to be employing an individual who does not have permission to work in the UK can be issued a substantial fine per breach, among other punitive measures.

 

1. Workers’ Obligations

 

Workers of all nationalities must provide the necessary documentation to prove their Right to Work in the UK. Workers are also responsible for ensuring that their documentation is up to date and valid. They should also inform their employer of any changes to their immigration status that could affect their Right to Work.

 

2. Employers’ Obligations

 

Employers have a legal obligation to verify the Right to Work of all their employees before employment begins. This involves conducting Right to Work checks before the individual starts work. They also have to keep records of these checks for the duration of the employment and for two years after it ends. They also have to meet ongoing compliance duties, such as conduct follow-up checks for employees with time-limited Right to Work before the expiry of the initial permission to work.

Failure to comply with these obligations can result in significant penalties, including fines and potential criminal charges.

 

3. Home Office Obligations

 

The Home Office is responsible for monitoring and enforcing Right to Work regulations. Their responsibilities include:

 

a. Providing Guidance and Support: The Home Office issues detailed guidance to both workers and employers on how to comply with Right to Work regulations. This includes lists of acceptable documents and how to conduct checks.

 

b. Conducting Compliance Checks: Immigration Enforcement officers conduct inspections and audits of employers to ensure compliance with Right to Work regulations. These checks can be random or triggered by reports of non-compliance.

 

c. Issuing Penalties: When non-compliance is identified, the Home Office can issue civil penalties, including fines, and pursue criminal charges against employers who knowingly employ individuals without the Right to Work.

 

d. Employer Checking Service: The Home Office provides the Employer Checking Service to help employers verify the Right to Work status of employees who cannot provide the usual documentation, often because their application is pending with the Home Office.

 

 

Section B: Who has the Right to Work in the UK?

 

The Right to Work in the UK is determined by an individual’s citizenship, immigration status, or specific visa conditions. The Home Office provides comprehensive guidance on who is legally entitled to work in the UK. The following is an overview of the primary categories of individuals who have the Right to Work:

 

a. UK Citizens: UK citizens automatically have the Right to Work in the UK without any restrictions. This includes individuals born in the UK and those who have obtained British citizenship through naturalisation.

 

b. Irish Citizens: Irish citizens have the Right to Work in the UK without any restrictions, due to the Common Travel Area agreement between the UK and Ireland.

 

c. Individuals with Indefinite Leave to Remain (ILR): Individuals granted ILR can live and work in the UK indefinitely. ILR status is typically granted to those who have lived in the UK for a certain number of years and meet specific residency requirements.

 

d. Individuals with EU Settled Status or Pre-Settled Status: Following Brexit, EU, EEA, and Swiss citizens who were resident in the UK by 31 December 2020, must have applied for and been granted settled or pre-settled status under the EU Settlement Scheme to retain their Right to Work.

 

e. Individuals with Limited Leave to Remain (with work permission): Certain visas grant individuals limited leave to remain in the UK with permission to work. These include various work visas, family visas, and student visas with specific work rights.

 

f. Visa Holders with Work Authorisation: Specific visa categories, such as the Skilled Worker visa, Global Talent visa, and Tier 2 (General) visa, permit individuals to work in the UK. The conditions and duration of work rights depend on the visa type.

 

 

Section C: Right to Work Checks

 

The Immigration, Asylum and Nationality Act 2006 requires all companies to check and retain evidence of each employee’s legal Right to Work in the UK. Section 8 provides that all companies must check and retain relevant documentation in a prescribed format that demonstrates that an employee has the legal Right to Work in the United Kingdom. Section 22 determines that the checks must be made in a non-discriminatory manner. All employees must be checked regardless of nationality, length of service and role within the company.

Your HR processes and policies should be shaped around meeting the Home Office guidance of verifying each employee’s Right to Work by obtaining, checking and recording relevant acceptable types of documentation.

There are various ways in which an employer can conduct a Right to Work check to ensure that an employee is not disqualified from undertaking work in the UK, or from doing the work on offer, by reason of their immigration status. However, when it comes to different types of Right to Work checks, much will depend on the employee’s nationality and the nature of any immigration permission held by that person.

The different types of Right to Work checks are as follows:

 

a. Digital Right to Work check: using an identity service provider.
b. An online Right to Work Check: using a share code.
c. A Manual Right to Work check: using acceptable forms of documents.
d. Employer Checking Service: using the Home Office’s free online tool.

 

 

Right to Work Check Type	Circumstances	Worker Category
Share Code Check	When a worker has a share code issued by the Home Office.	Non-British/Irish citizens with settled or pre-settled status, or holding specific visas.
Immigration Document Check	When a worker has physical immigration documents indicating their Right to Work.	Non-British/Irish citizens holding visas or biometric residence permits.
Employer Checking Service	When a worker cannot provide the necessary documents but has a pending Home Office application or appeal.	Non-British/Irish citizens with applications pending with the Home Office.
Windrush Scheme Check	When a Commonwealth citizen needs to prove their Right to Work under the Windrush Scheme.	Commonwealth citizens potentially eligible under the Windrush Scheme.
IDSP (Online Identity Service Provider)	When a British or Irish citizen has a passport or passport card and opts to use an IDSP.	British and Irish citizens with valid or expired passports or passport cards.

 

 

By conducting a Right to Work check, and by doing so in the correct way, this will provide an employer with a statutory excuse against any civil liability. This means that if an employer is found to be employing someone illegally, but they have conducted a prescribed Right to Work check as required under the rules, they will establish an excuse against any liability for a civil penalty.

By failing to conduct Right to Work checks, the employer will potentially expose themselves to fines of up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches.

 

You can read our comprehensive guide to Right to Work Checks here >> 

 

1. Digital Right to Work Checks

 

An identity service provider Right to Work check is a new form of prescribed check using the services of an Identity Service Provider (IDSP). This is where the employer instructs a certified IDSP to digitally verify a worker’s identity using Identity Document Validation Technology (IDVT), in this way delegating elements of the checking process to IDSPs.

When conducting an IDVT check, the IDSP must take all reasonable steps to check the validity of the document as provided by the prospective employee and to verify that this person is the rightful holder of that document. Certain information must also be captured, including an image of the identity document’s biometric page, including the employee’s personal details, their photo and the date of expiry of the document in question. The IDSP must record the data in a clear and legible format that cannot be manually altered, together with the date on which the identity check was conducted on the employer’s behalf.

As responsibility for the Right to Work check under the illegal working regime still rests with the employer, a copy of the IDVT check from the IDSP must be obtained, together with the document checked, so that the employer can satisfy themselves to a reasonable belief that their chosen provider has completed the check in the prescribed manner. The employer must also be satisfied that the biographic details and photo on the IDVT check match the person presenting themselves for work. The employer should securely retain this data, either in electronic format or hard copy, for the duration of employment, plus 2 years.

Importantly, the services of an IDSP can only be used to conduct digital identity checks for employees with a valid British or Irish passport, or an Irish passport card. This is because British and Irish nationals are not in scope to obtain a share code using the online Right to Work check, where a manual check of their passport would otherwise need to be made. If a prospective employee is relying on an expired passport to prove their Right to Work in the UK, an IDVT check will not be valid. In these circumstances, the employer would need to carry out a manual check of the employee’s document in the prescribed manner instead.

 

2. Online Right to Work Checks Using Share Codes

 

An online Right to Work using a share code is a free Home Office service, referred to as the Right to Work Checking Service, that will enable a prospective employee to provide their new employer with an alphanumerical code to verify that they have the right to undertake work in the UK. To obtain a share code, the employee must visit the ‘Prove your Right to Work to an employer’ section of the GOV.UK online Right to Work Checking Service.

Having been given a valid share code, the employer can access and view the employee’s Right to Work record by inputting this code, along with the employee’s date of birth, using the employer’s section of the service at ‘View a job applicant’s right to work details’. The information is provided in real time, and will show the employer the type of work that an employee is permitted to do and for how long they can work, where there is a time limit.

Once the employer has access to the employee’s Right to Work record, the employer will need to check that the online photograph matches the individual in question. The employer must also securely retain an electronic or hard copy of the response from the online service for as long as that person is employed by them, plus an additional 2 years.

The online Right to Work check using a share code is now available to most migrant workers. This includes EEA and Swiss employees with valid immigration status under the EU Settlement Scheme (EUSS), as well as employees with either a biometric residence card or biometric residence permit, or a frontier worker permit. Increasingly, the Home Office is also issuing overseas nationals with eVisas, rather than physical documents, as proof of immigration status. However, a migrant worker does not have to provide an employer with a share code and should not be penalised if they fail to do so, provided a manual Right to Work check is possible. In some instances, where an employee’s immigration status is held solely in digital format, a manual check will no longer be possible.

 

3. Manual Right to Work Checks

 

An in-person manual document Right to Work check involves the prospective employee being asked by their employer to provide certain original documents from List A or B of acceptable documents found at GOV.UK. List A documents show a permanent right to undertake work in the UK, whilst List B documents show a time-limited Right to Work.

Having been provided with the document(s), and with the person present, the employer must be satisfied that the employee is the rightful holder, the employee’s right to undertake work in the UK has not expired, they are permitted to do the work on offer and the document(s) appear genuine. The employer must also make and retain clear copies in a format that cannot be altered manually. They must record the date of the check and safely store this evidence for 2 years after the employee has stopped working for them.

A manual document-based check can be used for any employee whose immigration status cannot be checked online using a share code, or where the prospective employee has failed to provide the employer with a share code and a manual check is available to them.

Importantly, it is no longer possible to conduct remote Right to Work checks using the temporary adjusted procedure introduced during the COVID-19 pandemic. This allowed an employer to check the validity of any document(s) in the presence of the employee via live video link, but this temporary process ended on 30 September 2022.

 

4. Employer Checking Service

 

The Employer Checking Service Right to Work check is where an employee has made an in-time application for further leave to stay in the UK, but a decision is yet to be made on their application. The employee’s Right to Work will continue pending any decision, or determination of any review or appeal, although the employer will not be able to conduct an online or manual Right to Work check. The employer will instead need to obtain a positive verification notice (PVN) using the Employer Checking Service (ECS).

To request an PVN from the ECS, the employer will need to submit details of their business, the employee’s personal details and job title, together with the case ID or Home Office reference number linked to the employee’s application. Provided that application was made prior to expiry of the employee’s previous grant of leave, the employer should be sent a PVN confirming that individual’s right to undertake work in the UK. As with all other types of Right to Work checks, the employer must retain a copy of this for their records.

In these circumstances, the employer will need to delay the employee’s start date until they are in receipt of confirmation of that person’s Right to Work by way of a PVN from the ECS.

 

Section D: Common Right to Work Issues

 

Complying with UK Right to Work regulations present numerous challenges for both employers and workers. Issues can arise from difficulties in providing documentation, losing the Right to Work, or dealing with allegations of non-compliance.

 

1. Inability to Provide Right to Work Documentation

 

When a worker cannot provide the necessary documentation to prove their Right to Work, it creates significant challenges. This situation may occur due to lost documents, pending Home Office applications, or complications related to immigration status. Employers should consider using the Home Office’s Employer Checking Service to verify the worker’s status. This service can provide a Positive Verification Notice, confirming the individual’s right to work while their application is processed. Offering a conditional or temporary employment contract, contingent on the worker providing the required documentation within a specified timeframe, is another approach. Legal advice can also be sought to ensure compliance with all relevant laws while resolving the documentation issue.

 

2. Worker’s Loss of Right to Work

 

Workers may lose their Right to Work in the UK if their visa expires, an application for an extension is denied, or their immigration status changes. Immediate action is required in such cases. Employers must cease employing the individual until their Right to Work can be reinstated. The worker should attempt to rectify their immigration status, such as reapplying for a visa or appealing a decision. Employers can support this process by providing necessary documentation or references. If the worker cannot regain their Right to Work, the employer may need to terminate their employment following proper legal procedures to avoid unfair dismissal claims.

 

3. Allegations of Compliance Breaches by the Home Office

 

Allegations from the Home Office regarding breaches of Right to Work regulations can result in severe penalties, including fines and potential criminal charges. Conducting an internal review of all employment records and Right to Work checks to identify any compliance issues is essential. Engaging legal counsel experienced in immigration law can assist with the investigation and represent the employer in dealings with the Home Office. Cooperation with the authorities by providing all requested documentation and information promptly is crucial. Implementing corrective measures to address any identified compliance issues, such as additional training for HR staff, updating policies and procedures, and conducting regular internal audits, is advisable.

 

4. Changing Immigration Rules

 

The frequent changes in the UK’s immigration rules and Right to Work regulations pose challenges for employers in staying up-to-date. Ensuring that HR departments are well-informed about current laws and any changes is vital. Subscribing to updates from the Home Office and other relevant authorities, participating in training sessions and seminars on immigration law, and consulting with immigration lawyers or specialists regularly can help maintain compliance.

 

5. Verification of Complex Cases

 

Some Right to Work cases, such as those involving refugees, asylum seekers, or individuals with unusual immigration statuses, can be more complex. Employers may need to seek clarification on complex cases using the Employer Checking Service. Consulting with immigration specialists or legal professionals can provide the necessary guidance to navigate these situations effectively.

 

6. Data Protection and Privacy

 

Handling sensitive personal data, such as immigration documents, requires strict adherence to data protection laws. Employers must manage and store this information securely. Implementing robust data protection policies in line with GDPR and other relevant legislation, training staff on data protection best practices, and using secure systems for storing and accessing sensitive information are essential steps.

 

7. Unlawful Discrimination

 

Employers must verify employees’ Right to Work without discriminating based on nationality, race, or ethnicity. The Equality Act 2010 mandates that all job applicants must be treated fairly and consistently. Inconsistent application of Right to Work checks, such as only checking individuals who appear foreign, can lead to claims of discrimination. Employers must apply checks uniformly to all candidates and employees to mitigate this risk, ensuring equal treatment while maintaining compliance with immigration laws.

 

Section E: Illegal Working Allegations

 

Even where employers recognise their duties under the Right to Work legislation, and operate with policies and processes to comply, there are many practical issues that can give rise to a breach and result in enforcement action against the employer. For example, it can be challenging to achieve consistency in implementing Right to Work processes across an organisation with multiple sites and a large and changing workforce. The guidelines are also extensive and hard to interpret, and UKVI frequently change the legislation making it difficult to stay up to date with the latest requirements.

Allegations of illegal working from the Home Office can be a serious issue for UK employers, potentially leading to significant penalties including fines and criminal charges. If you receive notification of a Home Office penalty for illegal working, follow these steps.

Given the impact of enforcement action, speak to our compliance specialists for professional advice on your options to challenge or defend fines and allegations of compliance breaches.

 

1. Initial Response and Internal Review

 

When the Home Office alleges that illegal working has occurred, it is essential to take immediate action to understand the basis of the allegations. Conducting an internal review of all employment records and Right to Work checks can help identify any areas of non-compliance. This review should be thorough, ensuring that all documentation is in order and that right to work checks have been conducted correctly. An internal audit can reveal whether the issue is an isolated incident or part of a broader compliance problem.

 

2. Cooperation with the Home Office

 

Maintaining a cooperative stance with the Home Office is important. Providing all requested documentation and information promptly demonstrates a commitment to resolving the issue and complying with the law. Cooperation can also help in mitigating potential penalties. Ensuring that all communications are clear, accurate, and timely can facilitate a smoother resolution process.

 

3. Corrective Actions

 

Implementing corrective measures is a vital part of addressing the allegations and preventing future issues. This may involve updating right to work check procedures, providing additional training for HR staff, and revising internal policies to ensure they align with current regulations. Conducting regular internal audits of right to work checks can help identify and address potential compliance issues before they escalate.

 

4. Managing Penalties and Legal Proceedings

 

If the Home Office decides to impose penalties or pursue legal action, understanding the options available is important. Negotiating settlements or appealing decisions through appropriate legal channels can be part of the strategy to manage the impact on the business. Legal counsel can assist in exploring these options and determining the best course of action.

 

5. Communication with Stakeholders

 

Keeping stakeholders informed about the situation and the steps being taken to address it can help maintain trust and confidence. Transparent communication with employees, shareholders, and business partners can mitigate reputational damage and demonstrate a proactive approach to compliance.

 

6. Long-Term Compliance Strategy

 

Developing a robust long-term compliance strategy can help prevent future allegations of illegal working. This involves staying informed about changes in immigration law, regularly updating compliance policies, and ensuring ongoing training for relevant staff. A proactive approach to compliance not only protects the business from legal issues but also promotes a fair and lawful working environment.

 

Read more about our Immigration Compliance Services for Employers here >> 

 

Section F: Summary

 

UK Right to Work regulations are complex, and can present challenges for both workers and employers. Compounding the complexity of the regime is that the rules are subject to frequent changes, making compliance a continual risk. With penalties for non-compliance becoming increasingly severe, including substantial fines and potential criminal charges, it is essential to stay informed and ensure continued compliance. Professional advice is highly recommended to ensure that all Right to Work checks are conducted correctly and that both workers and employers are fully compliant with the latest regulations.

 

Section G: Need Assistance?

 

DavidsonMorris are UK Right to Work specialists. We provide the guidance and assurance to help you meet your obligations and avoid Home Office enforcement action advice, Right to Work e-learning solutions, training services and consultancy. Contact us for further information.

 

Section H: Right to Work FAQs

 

What is the right to work in the UK?

The right to work in the UK refers to an individual’s legal authorisation to undertake employment within the country. This authorisation is based on citizenship, immigration status, or specific visa conditions.

 

Who needs to prove their right to work in the UK?

All individuals seeking employment in the UK must prove their right to work. This includes British and Irish citizens, EU/EEA/Swiss citizens, and non-EU nationals.

 

What are right to work checks?

Right to work checks are online or manual employee checks conducted by an employer to help prevent illegal working, ensuring that anyone they employ has the right to undertake work in the UK and to do the work on offer.

 

Are right to work checks a legal requirement?

All UK employers are required to conduct prescribed right to work checks on any new employee before they start working for them, in this way helping to prevent those without lawful immigration status from undertaking work illegally in the UK.

 

What are the three steps of a right to work document check?

The three steps to carrying out manual right to work document checks are asking the employee to provide original documents from List A or B of acceptable documents, checking these are valid with the employee present, and making and retaining copies.

 

How long do right to work checks take?

There are different types of right to work checks, involving different steps, where some will take longer. For example, an online check using a share code will taker a matter of minutes, whilst a manual document check can take longer.

 

What documents can British and Irish citizens use to prove their right to work?

British citizens can use a valid or expired British passport, or a UK birth or adoption certificate accompanied by an official letter showing their National Insurance number. Irish citizens can use a valid or expired Irish passport or passport card, or an Irish birth or adoption certificate with an official letter showing their National Insurance number.

 

What is a share code and when is it used?

A share code is issued by the Home Office to certain individuals, such as those with EU settled or pre-settled status, and those who hold certain types of leave, including those with biometric residence permits.

 

Can an employer reject an eligible immigration document in favour of a share code?

No, an employer cannot reject an application because the worker provided an eligible immigration document instead of a share code. Employers must accept any valid proof of the right to work that complies with the regulations.

 

What should an employer do if a worker has a pending Home Office application?

Employers should use the Employer Checking Service to obtain a Positive Verification Notice. This confirms the worker’s right to work while their application is being processed by the Home Office.

 

How can Commonwealth citizens prove their right to work?

Commonwealth citizens who do not have the usual documentation may be able to obtain proof through the Windrush Scheme. This scheme helps resolve immigration status issues for long-term residents of the UK.

 

What is an Online Identity Service Provider (IDSP) and how is it used?

An IDSP is a service that verifies an individual’s identity and right to work online. British and Irish citizens with passports or passport cards can use an IDSP, provided their employer offers this service. This method can be more convenient and quicker than manual document checks.

 

What happens if an individual cannot prove their right to work?

If an individual cannot prove their right to work, their employer can check their status using the Employer Checking Service. This service verifies if the individual has the right to work while awaiting a decision on their Home Office application.

 

What are the consequences of hiring someone without the right to work?

Employers who hire individuals without the right to work can face severe penalties, including fines per illegal worker and potential criminal charges. It is essential to conduct proper right to work checks to avoid these penalties.

 

Section I: Glossary

 

Term	Definition
Right to Work	The legal authorisation for an individual to undertake employment in the UK, determined by their citizenship, immigration status, or specific visa conditions.
UK Citizen	An individual who holds British citizenship, either by birth or through naturalisation, and has the automatic right to work in the UK.
Irish Citizen	An individual who holds Irish citizenship and has the right to work in the UK due to the Common Travel Area agreement between the UK and Ireland.
Indefinite Leave to Remain (ILR)	A status granted to individuals allowing them to live and work in the UK indefinitely, usually after meeting certain residency and legal requirements.
Limited Leave to Remain	Temporary permission to stay in the UK for a specific period, which may come with work permissions depending on the visa type.
EU Settlement Scheme	A scheme allowing EU, EEA, and Swiss citizens resident in the UK by 31 December 2020 to apply for settled or pre-settled status to retain their right to work.
Share Code	A code issued by the Home Office to prove an individual’s right to work in the UK, often used in online verification processes.
Biometric Residence Permit (BRP)	An official card issued to non-EU nationals, containing biometric information and confirming the holder’s immigration status and right to work in the UK.
Visa Vignette	A physical endorsement in a passport that shows an individual’s visa status and right to work in the UK.
Employer Checking Service	A service provided by the Home Office that allows employers to verify an individual’s right to work when they cannot provide the usual documentation.
Positive Verification Notice	A notice from the Home Office confirming that an individual has the right to work while their immigration application is being processed.
Windrush Scheme	A scheme to help Commonwealth citizens who settled in the UK before 1971 to obtain documentation proving their right to live and work in the UK.
Online Identity Service Provider (IDSP)	A service that verifies an individual’s identity and right to work online, often used by British and Irish citizens with passports or passport cards.
Home Office	The UK government department responsible for immigration, security, and law and order, including the management of right to work regulations.
Common Travel Area	An open borders area comprising the UK, Ireland, the Isle of Man, and the Channel Islands, allowing free movement of people between these territories.

 

 

Section J: Additional Resources

 

UK Government – Right to Work Checks: An Employer’s Guide
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
This comprehensive guide provides detailed instructions for employers on how to conduct right to work checks, including a list of acceptable documents and procedures.

 

Home Office – Employer Checking Service
https://www.gov.uk/employee-immigration-employment-status
This service allows employers to check the right to work status of potential employees who cannot provide the usual documentation.

 

UK Visas and Immigration (UKVI)
https://www.gov.uk/government/organisations/uk-visas-and-immigration
The official government page for visa applications, immigration rules, and guidance on immigration status.

 

EU Settlement Scheme
https://www.gov.uk/settled-status-eu-citizens-families
Detailed information on the EU Settlement Scheme for EU, EEA, and Swiss citizens who were resident in the UK by 31 December 2020.

 

ACAS (Advisory, Conciliation and Arbitration Service)
https://www.acas.org.uk
Provides advice on employment rights, including right to work issues, and offers training and resources for employers and employees.

 

Windrush Scheme
https://www.gov.uk/government/publications/undocumented-commonwealth-citizens-resident-in-the-uk
Information on the Windrush Scheme, which helps Commonwealth citizens who settled in the UK before 1971 to obtain documentation proving their right to live and work in the UK.

 

UK Government – Points-Based Immigration System
https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know
Guidance on the UK’s points-based immigration system, which applies to both EU and non-EU citizens.