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Updated: Licensing authority guide to right to work checks Published Date: 22/12/2021

This guidance is for licensing authority staff responsible for the issue, renewal, suspension and revocation of private hire and taxi driver licences and operator licences (called booking office licences in Scotland).

The guidance has been updated to reflect the Immigration (Restrictions on Employment and residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal Premises and License) (Forms) Order 2021, which makes changes to the list of acceptable documents that can be presented to prove a right to work, and consequently a right to a licence. These changes came into force on 1 July 2021.

On 6 August 2021, the government announced temporary protection for more applicants to the EUSS. This means that those who have applied since 1 July, and joining family members, have their rights protected while their application is determined. This guidance reflects this change.

EUSS applicants and joining family members can prove their right to a licence while they await the outcome of their application. Home Office guidance remains that where an applicant for a licence has a Certificate of Application (CoA) confirming a valid application to the EUSS made on or after 1 July, licensing authorities should verify this with the Home Office Status Verification, Enquiries and Checking Service (SVEC).

The most significant updates contained in this guidance relate to:

  • the introduction of the Home Office online right to work checking service
  • changes to the way EEA citizens prove their right to a licence since 1 July
  • changes to the list of acceptable documents to remove EEA passports, national identity cards and specified EEA Regulations documents, which only confirmed the individual’s nationality or that they were exercising EEA Treaty Rights
  • changes to the list of acceptable documents to remove the requirement that a UK birth or adoption certificate must be the full (long) certificate. A short or a long birth or adoption certificate issued in the UK, Channel Islands, the Isle of Man or Ireland are now acceptable documents to demonstrate a right to a licence
  • an amendment to the list of acceptable documents to include:
    • Irish passport and passport card
    • a document issued by the Crown Dependencies Jersey, Guernsey or the Isle of Man, which has been verified as valid by the Home Office SVEC service
    • a frontier worker permit issued under regulation 8 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020.
  • changes to the way those with outstanding applications to the EUSS evidence their right to a licence, section 5 refers
  • changes to the lists of acceptable documents:

a) removal of duplication from List B, Group 1, no.5

b) amendment to List B, Group 2, no.2

c) addition at List B, Group 2, no.5

  • the temporary adjusted right to work checking process during COVID-19