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Who has the right to work in Scotland

As an employer it is important that the person you hire has the legal right to work in the UK and the appropriate documentation and/or visa to prove their eligibility. It is a criminal offence to illegally employ a person who does not have the right to work in the United Kingdom (UK).

You must also take the necessary steps to obtain documentation verifying the person’s eligibility to work in the UK. You should retain this documentation as proof in your employee’s file.

When considering a person’s eligibility to live and work in the UK, immigration law places people into the following basic categories:

  • British and Irish citizens
  • Asyum seekers and refugees
  • All other nationalities

Each category has different rights relating to living and working in the UK.

Sponsorship and recruitment

As an employer in Scotland who wishes to hire a migrant worker, you will need to apply for and obtain a sponsor licence to become a Home Office registered sponsor.

The Sponsorship Management System is an online portal where you can carry out most of the activities associated with being a sponsor, including requesting and issuing Certificates of Sponsorship.

To ensure you can recruit a migrant worker in a specific role, you must ensure that the role meets the minimum skills and salary requirements and is eligible for sponsorship.

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