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List 1

Documents which provide the defence if produced alone:

• A passport showing that the holder is a British citizen, or has a right of abode in the United Kingdom.
• A document showing that the holder is a national of a European Economic Area country (listed on pages 10–11) or Switzerland. This must be a national passport or national identity card.
• A residence permit issued by the Home Office to a national from a European Economic Area country or Switzerland.
• A passport or other document issued by the Home Office which has an endorsement stating that the holder has a current right of residence in the United Kingdom as the family member of a national from a European Economic Area country or Switzerland who is resident in the United Kingdom.
• A passport or other travel document endorsed to show that the holder can stay indefinitely in the United Kingdom, or has no time limit on their stay.
• A passport or other travel document endorsed to show that the holder can stay in the United Kingdom; and that this endorsement allows the holder to do the type of work you are offering if they do not have a work permit.
• An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.

Once you have checked one of these documents from your potential employee, there is no need to ask for any further documents contained in List 2.

List 2

Documents which provide the defence if produced in combination:

You will not have the defence if you see one document from the first combination and one from the second combination.

First combination

1. A document giving the person’s permanent National Insurance Number and name. This could be a: P45, P60, National Insurance card, or a letter from a Government agency.

Along with checking and copying a document giving the person’s National Insurance Number, you must also check and copy only one of the following documents listed in sections B–H:

1. a full birth certificate issued in the United Kingdom, which includes the names of the holder’s parents; OR
2. a birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
3. a certificate of registration or naturalisation stating that the holder is a British citizen; OR
4. a letter issued by the Home Office to the holder which indicates that the person named in it can stay indefinitely in the United Kingdom, or has no time limit on their stay; OR
5. an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay indefinitely in the United Kingdom, or has no time limit on their stay; OR
6. a letter issued by the Home Office to the holder which indicates that the person named in it can stay in the United Kingdom, and this allows them to do the type of work you are offering; OR
7. an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and this allows them to do the type of work you are offering.

Second combination

1. A work permit or other approval to take employment that has been issued by Work Permits UK.

Along with a document issued by Work Permits UK, you should also check and copy one of the following documents listed at B–C:

1. a passport or other travel document endorsed to show that the holder is able to stay in the United Kingdom and can take the work permit employment in question; OR
2. a letter issued by the Home Office to the holder confirming that the person named in it is able to stay in the United Kingdom and can take the work permit employment in question.

A full legal description of the changes can be downloaded from the IND website.