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Travel Advisory July 26, 2023

Portugal - level 1: exercise normal precautions.

Reissued with obsolete COVID-19 page links removed. 

Exercise normal precautions in Portugal.

Read the country information page for additional information on travel to Portugal.  

If you decide to travel to Portugal:  

• Enroll in the  Smart Traveler Enrollment Program  ( STEP ) to receive travel alerts and make it easier to locate you in an emergency.
• Follow the Department of State on  Facebook  and  Twitter .
• Review the  Country Security Report  for Portugal.
• Visit the CDC page for the latest Travel Health Information related to your travel.
• Prepare a contingency plan for emergency situations. Review the  Traveler’s Checklist .

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Quick Facts

3 months beyond the date of intended departure.

Not required for stays in the Schengen area under 90 days and within a 180-day period. A new period begins after a 90-day absence from the Schengen area.

10,000 Euros or equivalent

Embassies and Consulates

U.s. embassy lisbon.

Av. das Forças Armadas, Sete-Rios 1600-081 Lisbon Portugal Telephone: +(351) (21) 770-2122 Emergency After-Hours Telephone: +(351) (21)-770-2122 or +(351) (21) 727-3300 Fax: +(351) (21) 727-2354 Email:  [email protected] Facebook

U.S. Consulate Ponta Delgada Av. Príncipe do Mónaco No, 6-2 F 9500-237 Ponta Delgada, Açores Portugal Telephone: +(351) (296) 308-330 EmergencyAfter-Hours Telephone: +(351) (21) 727-3300  Fax: +(351) (296) 287-216 Email:   [email protected]

Destination Description

Learn about the U.S. relationship to countries around the world.

Entry, Exit and Visa Requirements

Contact the embassy of Portugal at 202-350-5400 for the most current visa information. 

Portugal is a party to the Schengen Agreement and part of the European Union.

Traveling Through Europe: If you are planning to visit or travel through European countries, you should be familiar with the requirements of the Schengen Agreement. 

• U.S. citizens may enter Portugal for up to 90 days for tourism or business without a visa.
• Your passport should be valid for at least three months beyond the period of stay.  If you plan on transiting a Schengen country, review our U.S. Travelers in Europe page .   
• You will need sufficient proof of funds and a return plane ticket. 

For information about visas for the Schengen area, see the Schengen Visa page .

If you are not staying in a hotel or a similar tourist accommodation, you are required to register your presence in Portugal with the Portuguese Immigration Service (SEF) within three working days of entering Portugal. You must download a declaration of entry form (declaracão de entrada) from SEF's website and personally submit it to the nearest SEF office within three business days of entry. Failure to comply with these requirements will result in an administrative offense punishable with a fine from €60 to €160.

Under Portuguese Immigration law, foreign minors under 18 years of age entering or exiting Portugal must possess an authorization letter of parental consent to travel, if travelling with adults other than their parent(s) or legal guardian. The document must be signed and dated, with the signature(s) certified by a notary. The letter of parental consent to travel must include the dates and reason for travel and the details about the adult responsible for the child. More information here .

Find additional information on traveling with minors on the  Portuguese Immigration Service  webpage.

HIV/AIDS Restrictions: The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Portugal.

Find information on  dual nationality ,  prevention of international child abduction  and  customs regulations  on our websites.

Safety and Security

Credible information indicates terrorist groups continue plotting possible near-term attacks in Europe. All European countries, including Portugal, remain potentially vulnerable to attacks from transnational terrorist organizations. U.S. citizens are reminded to remain vigilant with regard to their personal security.

Crime:  Crimes of opportunity, such as pickpocketing and purse snatching, particularly at popular tourist sites, restaurants, and on public transportation, are common. Pickpockets take advantage of crowds getting on and off all forms of public transportation, such as the popular Tram 28, using the jostling of the crowd as a distraction. Avoid standing near the doors on public transportation, as thieves will often strike just as the train/bus doors open and then dash onto the platform and disappear into the crowd.

• Safeguard your passport and identity documents when traveling throughout Portugal. Foreigners who arrive in Portugal without a valid passport will not be permitted to enter and will be returned to their point of origin.
• Be aware of your surroundings and take personal security measures to stay safe. Thefts of backpacks, electronics and luggage occur regularly. Do not leave valuables in rental cars, especially those with stickers identifying the vehicle as a rental car. Tourists are frequent victims of petty crime/car break-ins.
• Avoid using automatic teller machines (ATMs) in isolated or poorly lit areas. Use the buddy system and indoor bank ATMs when possible. Leave extra cash, credit cards, and personal documents at home or in a hotel safe.
• Keep doors and windows of private rentals locked at all times, taking extra care if easily accessed from the street or other places.
• Illicit drug transactions increase at night, and travelers are often approached by drug dealers in the downtown area of Lisbon, especially near the bars and restaurants. Some travelers have reported incidents in which criminals used drugs to assault or rob them. Use caution when accepting open drinks at bars or clubs, and do not leave drinks unattended.
• Always use a taxi from the queue or kiosk. Do not go with someone who walks up to you and offers a ride. If you have called a ride sharing service such as Uber, confirm that the car information in the App matches the vehicle you are entering.
• Tourists should not leave personal items or valuables unattended while at the beach.
• Reports of thefts from rental homes and online rental apartments have increased.  Secure belongings and lock windows while away or sleeping.

Demonstrations occur in Portugal. They may take place in response to political or economic issues, on politically significant holidays, and during international events.

• Even demonstrations intended to be peaceful can turn confrontational and possibly become violent.
• Avoid areas around protests and demonstrations.
• Check local media for updates and traffic advisories.

International Financial Scams: See the  Department of State  and the  FBI  pages for information.

Victims of Crime: Local authorities are responsible for investigating and prosecuting crimes. Report crimes to the local police at 112 (National Emergency Number) and contact the U.S. Embassy at +(351) (21) 770-2122 or the emergency after-hours telephone: +(351) (21)-770-2122 or +(351) (21) 727-3300.

• U.S. citizen victims of sexual assault should seek medical attention if needed and are encouraged to contact the U.S. Embassy for assistance.
• For social welfare emergencies such as domestic violence or child abuse, dial the National Social Emergency Line - 144. English-speaking operators are available.

See our webpage on  help for U.S. victims of crime overseas .

• help you find appropriate medical care
• assist you in reporting a crime to the police
• contact relatives or friends with your written consent
• explain the local criminal justice process in general terms
• provide a list of local attorneys
• provide information on  victim’s compensation programs in the United States
• provide information about a Portuguese victim assistance program, administered through an organization known by its acronym “ APAV ”  
• provide an emergency loan for repatriation to the United States and/or limited medical support in cases of destitution
• help you find accommodation and arrange flights home
• replace a stolen or lost passport

Domestic Violence: U.S. citizen victims of domestic violence may contact the Embassy for assistance. Additionally, Portugal has an “SOS” immigrant line with English-speaking operators who are ready to help you in case of emergency. You may contact them at +351 808 257 257 between the hours of 8:30 a.m. and 8:30 p.m.

Tourism:  The tourism industry is generally regulated and rules regarding best practices and safety inspections are regularly enforced. Hazardous areas/activities are identified with appropriate signage, and professional staff is typically on hand in support of organized activities. In the event of an injury, appropriate medical treatment is widely available throughout the country. Outside of a major metropolitan center, it may take more time for first responders and medical professionals to stabilize a patient and provide life-saving assistance. U.S. citizens are encouraged to purchase medical evacuation insurance . 

Natural Disasters: In the event of a natural disaster or other widespread emergency, travelers can monitor the Portuguese Civil Protection Authority’s website at Prociv.pt for the latest information. All U.S. citizens living or traveling in Portugal should also monitor local news reports, follow directions from local officials, and take appropriate action needed.  Additionally, information about areas in Portugal impacted by any events can be found at: http://www.prociv.pt/en-us/SITUACAOOPERACIONAL/Pages/ocorrenciassignificativas.aspx.

We recommend all Americans enroll in the  Smart Traveler Enrollment Program (STEP)  to receive security messages, alerts, and make it easier to locate you in an emergency.

Local Laws & Special Circumstances

Criminal Penalties:  You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. 

• Filming and photographing the police or military and certain buildings in Portugal is illegal and could lead to arrest or detention.
• Driving under the influence of drugs or alcohol could land you in jail.
• Possession and/or use of narcotics and illegal drugs can result in fines, administrative penalties, mandatory drug treatment, criminal punishment, or prison, depending on type, quantity and usage. 
• Penalties for trafficking illegal drugs are severe. Offenders can expect long jail sentences.
• Pepper spray is illegal and will be confiscated. Persons carrying it are subject to fines or prison.
• Possession of unlicensed metal detectors is strictly forbidden, and persons caught with them are subject to fines.
• Individuals establishing a business or practicing a profession that requires additional permits or licensing should seek information from the competent local authorities prior to practicing or operating a business.  

Furthermore, some U.S. laws allow criminal prosecution in the United States, regardless of where the crime was committed. For examples, see our website on  crimes against minors abroad  and the  Department of Justice  website.

Arrest Notification:  If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately. Your U.S. passport will not help you avoid arrest or prosecution.

See our  webpage  for further information.

Faith-Based Travelers:  See our following webpages for details:

• Faith-Based Travel Information
• International Religious Freedom Report  – see country reports
• Human Rights Report  – see country reports
• Hajj Fact Sheet for Travelers
• Best Practices for Volunteering Abroad

LGBTI Travelers:  There are no legal restrictions on same-sex sexual relations or the organization of LGBTI events in Portugal. See   our  LGBTI Travel Information   page and section 6 of our  Human Rights report  for further details.

Travelers Who Require Accessibility Assistance:   General information on accessibility and accommodations is available on the website of the  Portuguese Tourism Board .

• Driving : You can drive with your U.S.-issued driver’s license for up to six months. Please note that many highways require a toll for use. Highway tolls in Portugal can be confusing, please visit  https://www.portugaltolls.com/en  for more information.
• Public transportation : Public transportation, in general, has specially reserved seats for individuals with disabilities, but some vehicles may not be equipped to load and secure wheelchairs mechanically.
• Trains : The State Railway Operator, Caminhos de Ferro Portugueses (also known as CP – Combóios de Portugal ), has a free service called “integrated mobility service” (SIM), mainly aimed at reduced mobility customers. English-speaking customer service representatives can be reached by phone at + 351 808 100 746 (to request SIM Service) or (+351) 707 210 746 (reduced mobility passengers can request information about various concerns, 24 hours a day). SIM staff provides train and station accessibility, assistance with boarding/exiting or during the train ride, and assistance with trip planning. Some train stations are equipped with elevators. Requests for information or assistance must be made at least 48 hours before travel. For additional information, please visit Caminhos de Ferro Portugueses’ page for Special Needs Customers. 
• Subway (Metro) : Thirty-one of Lisbon Metro’s 52 stations offer full accessibility to people with disabilities. Elevators and moving walkways at main stations provide access from the platform to street level, as well as payment machines adapted for passengers with disabilities and/or visual impairment. Passengers with visual disabilities can travel with their guide dogs as long as their service animals are leashed and muzzled. Check  Lisbon Metro’s website  for more information. Porto’s new metro system provides system-wide accessibility for passengers  with a network of elevators, ramps, and spaces for wheelchairs onboard metro cars. Check  Porto Metro’s website  for more information about accessibility.
• Airports : All Portuguese airports provide wheelchairs and bathrooms to accommodate persons with disabilities.
• Parking : Designated parking with a wheelchair symbol is available in most supermarkets and commercial centers. The National Help Line for the Disabled (Linha Nacional de Apoio à Deficiência) can be reached by phone at +351 21 795-9545 (10 a.m.-12:30 p.m. and 2 p.m. – 5 p.m., Monday – Friday). Assistance is only available in Portuguese.

Students:  See our  Students Abroad  page and  FBI travel tips .

Women Travelers:  See our travel tips for  Women Travelers .

For emergency services in Portugal, dial 112.  Ambulance services are widely available, but training and availability of emergency responders may be below U.S. standards. 

The U.S. government does not pay medical bills.  Be aware that U.S. Medicare does not apply overseas.  Most hospitals and doctors overseas do not accept U.S. health insurance.

• Good medical care is available, but facilities may be limited outside urban areas. Public hospitals offer services at costs lower than private hospitals.
• Payment is expected upon admission at private hospitals.
• Call the national emergency response for an ambulance at 112 for life-threatening emergencies.

Medical Insurance:  Make sure your health insurance plan provides coverage overseas. Most care providers overseas only accept cash payments. See our webpage for more information on insurance coverage overseas. We strongly recommend  supplemental insurance  to cover medical evacuation.

If traveling with prescription medication, check with the  Government of Portugal to ensure the medication is legal in Portugal. Always carry your prescription medication in original packaging with your doctor’s prescription. Portuguese law prohibits the mailing of prescription medicines from the United States to Portugal. Any prescription medications mailed to Portugal will be impounded by the Portuguese customs office.

You should bring a sufficient supply of medication with you to cover your anticipated stay in Portugal, along with a copy of your physician's prescription. Portuguese pharmacies generally carry equivalent medications to those found in the United States; however, they may be sold under a different brand name, may not be available in the same dosage, or may require a prescription from a local doctor.

Vaccinations:  Be up-to-date on all  vaccinations  recommended by the U.S. Centers for Disease Control and Prevention.

Further health information:

• World Health Organization
• U.S. Centers for Disease Control and Prevention  (CDC)

Air Quality: Visit AirNow Department of State for information on air quality at U.S. Embassies and Consulates.

The U.S. Embassy maintains a list of doctors and hospitals for Medical Assistance . We do not endorse or recommend any specific medical provider or clinic.

Travel and Transportation

Road Conditions and Safety:  While Portugal has significantly expanded its motorway network with well-constructed roads that decreased the total number of accidents and fatalities, its road-accident fatality rate is still high. Use caution when driving, as aggressive driving habits and high speeds pose special hazards. Use appropriate care and caution while on the roadways, practice safe driving habits, and adhere to the applicable speed limits.

Traffic Laws:  It is against the law to speed, drive while under the influence of alcohol or drugs, or use a mobile phone while driving. Fines for traffic offenses are substantial.

• Seatbelts are mandatory for drivers and all passengers. Small children must be in a child safety seat in the rear seat with seatbelts fastened.
• Portuguese law requires you to leave your vehicle where it is and immediately notify the police when involved in a traffic accident. The national emergency phone number 112.
• Police in Portugal have the authority to fine on-the-spot and most of their vehicles have portable payment machines to facilitate immediate payment.
• You may drive with a valid U.S. driver's license for up to six months. For international driving permits, please contact AAA or the National Auto Club.

Public Transportation:  Taxis and prominent ride-sharing services such as Uber are a reliable means of transportation. Refer to the crime section of this page to alert yourself to other threats related to taxis and ride-sharing services. Bus service is also reliable.

In the Azores, driving can be challenging due to narrow cobblestone streets, blind curves, blind corners, and livestock on country roads. Public buses are inexpensive. Bus services begin at 7 a.m. and generally operate until 8 p.m., depending on the destination.

See our  Road Safety page  for more information. Visit the website of Portugal’s  national tourist office  and the national authority responsible for road safety.

Aviation Safety Oversight:

The U.S. Federal Aviation Administration (FAA) has assessed that the government of Portugal’s Civil Aviation Authority is in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for oversight of Portugal’s air carrier operations. Further information may be found on the  FAA’s safety assessment page .

Maritime Travel:  Mariners planning travel to Portugal should also check for  U.S. maritime advisories and alerts . Information may also be available on the  U.S. Coast Guard homeport website and the National Geospatial-Intelligence Agency  broadcast warnings .

Please see Fact Sheet for Portugal here.

For additional travel information

• Enroll in the  Smart Traveler Enrollment Program (STEP)  to receive security messages and make it easier to locate you in an emergency.
• Call us in Washington, D.C. at 1-888-407-4747 (toll-free in the United States and Canada) or 1-202-501-4444 (from all other countries) from 8:00 a.m. to 8:00 p.m., Eastern Standard Time, Monday through Friday (except U.S. federal holidays).
• See the  State Department’s travel website  for the  Worldwide Caution  and  Travel Advisories .
• Follow us on  Twitter  and  Facebook .
• See  traveling safely abroad  for useful travel tips.

Review information about International Parental Child Abduction in Portugal . For additional IPCA-related information, please see the International Child Abduction Prevention and Return Act ( ICAPRA ) report.

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Entering Portugal

To enter  Portugal , you may need a passport and/or a visa, depending on the country you live in. Citizens from the European Community don’t need a Visa for entering Portugal. Portugal is also a signatory to the 1995  Schengen Agreement .

Passports must be valid for up to six months (depending on your nationality) and are required by all, except for European Union nationals and nationals of Iceland, Liechtenstein, Malta, Norway, and Switzerland holding valid national ID cards. British, Australian, Canadian, American, and Japanese citizens need a valid passport.

Although it is not obligatory to have a return ticket, it is advisable to have one. If you don’t, you may have to prove sufficient means of financial support to return.

Visas are required by all for stays of up to 90 days, except for:

• The European Union nationals listed above.
• Nationals of Andorra, Argentina, Brazil, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Ecuador, Hungary, Israel, Korea (Rep. of), Lithuania, Mexico, New Zealand, Norway, Paraguay, Poland, San Marino, Singapore, Slovak Republic, Slovenia, Switzerland, United States, Uruguay, Vatican City, and Venezuela.
• Transit passengers continuing their journey by the same or first connecting aircraft provided holding onward or return documentation and not leaving the airport. However, nationals of Afghanistan, Bangladesh, Congo (Dom Rep), Eritrea, Ethiopia, Ghana, Iran, Iraq, Liberia, Nigeria, Pakistan, Senegal, Somalia, and Sri Lanka always require a transit visa, even when not leaving the airport transit area.

Health and Vaccination Information for Portugal

• You will not require any vaccinations to visit Portugal unless you are coming from an area with a common infection. Make a point of checking with your tour operator or local Portuguese Embassy if in any doubt.
• EU citizens can obtain a refund of most medical costs by using form E111, which is available from Post Offices, Health or Social Security offices in your country.
• Yellow Fever Vaccination: International Certificate of Vaccination for Yellow Fever is required only when traveling from an infected area and when the traveler is more than one year of age.

Touring Portugal

If you meet all the requirements to visit and are looking to vacation in Portugal, explore our travel packages for great deals to explore our beautiful country. We also have day tours and excursions available for a quick weekend getaway.

General Info FAQ

Do I need a visa to visit Portugal?

• Check our list of countries that need our visa above.

Are Portugal visas part of the Schengen agreement?

Can you help me get a visa?

• No, please refer to your respective country’s government resources for this. We cannot help you get a visa.

Is English common in Portugal?

• Yes, English is very common and most people speak it here. However, learning a bit of Portuguese will go a long way with the locals!

Should I visit Portugal?

• You absolutely should! It is a beautiful coastal country with an incredible history. Visit our homepage for more info.
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Everything You Need to Know about Portugal Travel Requirements

You might worry about Portugal travel requirements, whether you’re taking a vacation or relocating to the country. No doubt, Portugal is a fine place to be. It has breathtaking scenery, vibrant culture, and delicious food. 

What I’m about to share in this article, is a comprehensive guide on Portugal travel requirements for first-timers.

This article will help you familiarize yourself with the country’s travel requirements, especially if you’re coming from outside the European Schengen Area. 

What do you need to travel to Portugal from anywhere?

Your passport is your key to entry. Ensure it has at least 3 months of validity beyond your intended departure date and contains at least 2 blank pages for entry stamps.

Furthermore, your passport must:

• Be issued less than 10 years before the date you enter the country
• Must have at least 3 months of validity left after the date you plan to leave Portugal.

Always ensure that your passport meets these requirements. You can also contact your embassy if you think your passport does not meet the requirements. Renew your passport if necessary.

For most countries, you will need a visa to travel to Portugal. However, for stays under 90 days within a 180-day period, citizens of many countries, including the United States, Canada, and Australia, don’t need a visa. 

Other countries that can travel to Portugal visa-free for short stays includ e Estonia, Finland, France, Czech Republic, Belgium, Austria, Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg, Greece, Germany, Hungary, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

However, if you’re unsure about your visa status, it’s crucial to check with the nearest Portuguese embassy or consulate well in advance.

Other Essentials

To ensure a smooth border crossing, you also need to have proof of the purpose of travel to Portugal. 

This boils down to documents such as hotel reservations, tickets to a show, invitation letters from friends/relatives, booked tours, and your onward travel itinerary (like a plane ticket). You may also need to present your return ticket and proof of accommodation. 

Furthermore, you will need proof of sufficient funds (e.g., bank statement) readily available. You’ll need to have a minimum of €45 (or 47.43 USD) per day to visit Portugal

Documents Required for Short-stay Portuguese Visa Application (Portugal Schengen Visa Application)

• Your passport (following the instructions above)
• A completed and signed Portugal visa application form
• Two passport-sized photographs taken in the last three months
• A round-trip reservation or itinerary 
• Travel health insurance with a minimum coverage of 30,000 Euros
• A copy of the photo page of your passport 
• Proof of sufficient funds to cover your stay in Portugal using your bank account statement or sponsorship letter
• Proof of your accommodation in Portugal such as hotel booking or rental agreement or Letter of invitation from a host in Portugal (where applicable).
• Proof of paid visa fee
• Minors must additionally provide birth certificate/proof of adoption/custody decree if parents are divorced/death certificate of parent

Additional Considerations

• Traveling with minors: If traveling with minors, specific requirements may apply depending on whether they’re traveling alone, with one parent, or both. Generally, Portuguese law demands that foreign minors under 18 years entering or exiting Portugal must have an authorisation letter of Parental consent to travel. 
• Long-term stays: If you plan to stay in Portugal for more than 3 months, registering your presence with the authorities is mandatory. You can complete this process at any immigration office or police station within 3 business days of arrival.

COVID-19 Updates – Do I need Vaccinations to Travel to Portugal?

As regulations can change quickly, it’s crucial to stay updated on the latest COVID-19 entry requirements for Portugal. 

You can find the most recent information on the official Portuguese government website or through travel advisories from your country’s embassy/consulate in Portugal. Nevertheless, here are some common requirements and steps you can expect:

• A valid vaccination EU Digital COVID Certificate (with a complete vaccination schedule or a complete COVID-19 vaccination schedule and vaccine booster)
• Or a valid proof of vaccination certificate or recovery certification issued by a third country under reciprocal conditions from the CDC
• Or a negative COVID-19 or RT-PCR Test at about 72 hours before boarding 
• Or a negative Laboratory Rapid Antigen Test about 24 hours before boarding. 
• Or a valid test or recovery EU Digital COVID Certificate.

There are however, exemptions for children and kids under the age of 12. 

Steps to travel to Portugal

if it’s your first time traveling to another country, especially Portugal, you might be concerned about the full details of the entry process. Here’s what you must know.

• Ensure you have a visa when you need one. Portugal is part of the Schengen area. So there might be circumstances (as explained before) where you might need or not need a visa.
• You can get your visa by visiting the embassy or consulate of Portugal. Make sure you allow at least 15 calendar days before your journey when applying for the short-stay visa. Furthermore, the earliest you can apply is three months before your trip. 
• Get a clear stamp on your passport when you first enter the Schengen area. Airlines might refuse boarding, if you don’t have proof of entry or have overstayed your visa. 
• Always carry your passport. This is important especially when crossing borders in the Schengen area. 
• Stay updated on entry and exit conditions. It can change at any time. So you need to pay attention to the guidelines in the Portuguese Immigration and Border Service , or your embassy/consulate of Portugal . 

Furthermore, once you arrive in Portugal, you’ll need to pass through border protocols before entering the country. On occasion, this means going to the dedicated lane for foreign arrivals. There you must present your passport to be stamped. 

The Portuguese border authorities might also ask for additional confirmation such as the purpose of your trips and whether you have sufficient information. Do note that sometimes they might not ask for additional information. But it’s always best to have your valid documents with you to provide proof where necessary. 

Finally, your passport is stamped and you can enter Portugal freely. Remember if you entered for a short stay, you have only 90 days within 180 days to stay in Portugal.

It is unwise to overstay your visa (or short-stay). Doing so attracts a fine and you might be banned from entering in the future. 

Decoding Portugal’s Customs Regulations

Another important part of learning about Portugal travel requirements is knowing what you can bring into the country. Familiarizing yourself with Portugal’s customs regulations is important to avoid any unnecessary delays or issues upon arrival. 

Fortunately, Portugal has a generous duty-free allowance for travelers entering from non-EU countries. Here’s a quick guide on what you can carry on your person. But also remember that you must be above 17 years old before this applies to you. And if you carry beyond the allowances, you must declare them and pay the duty on the excess amount. 

• Tobacco: 40 cigarettes, 50 cigars, or 250g of tobacco.
• Alcohol: 1 liter of spirits with an alcohol content of over 22% OR 2 liters of spirits with less than 22% alcohol content OR 4 liters of wine OR 16 liters of beer.
• Perfume: 250ml of eau de toilette or 50ml of perfume.
• Other goods: Goods for personal use up to a value of €430.

Portugal’s Currency Exchange

Portugal uses the Euro (EUR) as its official currency. This simplifies things for travelers who are coming from or will be visiting other European countries. Plus, you can always exchange your country’s currency at a variety of options including banks, airport exchange booths, and currency exchange offices. Also ATMs are a convenient way of accessing cash during your trip. 

But you should also be aware of any potential fees that might apply. It’s always wise to carry a small amount of Euros in cash for immediate needs upon arrival, especially if you arrive outside of regular banking hours. And cash makes it easier to purchase things during your trip. Some travelers, have even said that sometimes, they meet all-cash parking lots, making it difficult to access when they don’t carry cash. 

Wrapping Up

Portugal travel requirements aren’t as complicated as you might imagine. But familiarizing yourself with the different steps, helps you prepare ahead. You should also pay attention to any updates that might appear before you travel to Portugal. 

Frequently asked Questions about Portugal Travel Requirements

What medications are restricted in portugal.

Any medications that require prescriptions are restricted under Portuguese law. This ranges from heart condition rugs, antibiotics, diabetes, injectable medicines, codeine, plain cortisone creams, asthma medications, and more. So you can only carry prescription medications for personal use into Portugal. 

Is Portugal’s visa easy to get? 

A Portuguese visa only takes about 15 calendar days and is pretty straightforward. But then the time of the year, such as summer, and having incomplete documentation can delay your application. That said, you should get a replay in no later than a month or two. 

Is healthcare free in Portugal for tourists?

Portugal does not offer free medical treatment to tourists, outside the EU citizens. However, you can purchase travel medical insurance that would cover your private health care, emergency, hospitalization, and even repatriation. Nevertheless, the cost of healthcare in Portugal is very affordable. You can easily purchase that insurance and cover any out-of-pocket fees with ease. 

Do I need injections for Madeira?

You don’t require any vaccinations officially to visit Portugal. But, the WHO and CDC recommend getting all your applicable vaccinations whether you are moving to Madeira or any other parts of Portugal (or any country in particular). These vaccines include hepatitis B, hepatitis A, rabies, meningitis, polio, measles, mumps, rubella (MMR), Tdap, chickenpox, pneumonia, and COVID-19 vaccines. 

Can you travel to Portugal unvaccinated?

No, you cannot travel to Portugal unvaccinated. It is super vital to have all applicable vaccinations required before traveling to Portugal.

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Passport & Visa Requirements for Visiting Portugal

Eu residents.

With respect to entry into the country, Portugal follows Schengen Area requirements. This means all residents of the European Union may enter Portugal freely.

Foreign Nationals Exempted from Holding Visas

If you are not an EU resident, you may enter Portugal for up to 90 days for tourism or business if you are a passport holder from:   

Albania* Andorra Antigua & Barbuda Argentina Australia Bahamas Barbados Bosnia & Herzegovina* Brazil Brunei Darussalam Canada

Chile Colombia Costa Rica Dominica El Salvador Georgia* Grenada Guatemala Holy See Honduras Israel Japan Kiribati

Macedonia* Malaysia Marshall Islands Mauritius Mexico Micronesia Moldova* Monaco Montenegro* New Zealand Nicaragua Palau

Panama Paraguay Peru Samoa San Marino Seychelles Serbia* Singapore Solomon Islands South Korea St Kitts & Nevis St Lucia

St Vincent & The Grenadines Timor-Leste Tonga Trinidad & Tobago Tuvalu Ukraine* United Arab Emirates United States Uruguay Vanuatu Venezuela

* The visa exemption applies only to holders of biometric passports.

The visa exemption applies only to holders of a “Hong Kong Special Administrative Region” passport.

The visa exemption applies only to holders of a “Região Administrativa Especial de Macau” passport.

( The exemption from the visa requirement applies only to holders of passports issued by Taiwan which include an identity card number.

British Citizens

Who are not nationals of the United Kingdom of Great Britain and Northern Ireland for the Purposes of Union Law:

British Nationals (Overseas) British Overseas Territories (BOTC) British Overseas Citizens (BOC)

British Protected Persons (BPP) British Subjects (BS)

Your passport should be valid for at least three months beyond the period of stay. 

You will also need sufficient proof of funds, and be able to show a return transportation ticket. 

Foreign Nationals Requiring Visas

If you’re not a resident of one of the counties listed above, then you will need to apply for an entry visa. Visit our page….

Vaccination Information

Generally, you do not need vaccinations to visit Portugal, unless you are entering from a country of common infections. 

Pease inquire with your local Portuguese Embassy or consulate regarding up-to-date COVID-19 vaccine or testing requirements.  

Yellow Fever Vaccination: International Certificate of Vaccination for Yellow Fever is required when traveling from an infected area. 

Healthcare Note:  EU citizens may get a refund of most medical costs by using Form E111, which is available from post offices, health or social security offices in your country.

For up-to-date, specific details on entering the country for visitation reasons, consult this   Portugal Immigration webpage . 

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• Miranda do Douro
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• Corvo, The Crow Island of the Azores
• Faial, The Blue Island of Azores
• Flores, The Yellow Island of Azores
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• Portugal Survival Guide

Entering Portugal

• Guide to Learning Portuguese
• Portugal Holidays
• Average Temperatures in Portugal
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• Portugal Visa Guide
• Golden Visa Portugal
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[Updated on 1 July]

Entry Requirements can vary greatly during the Covid-19 pandemic. We do our best to update these as new information is released, but please confirm travel eligibility with Government issued information here .

Entry Requirements for Travelers to Portugal

Depending on your country of origin, you may need a passport, visa or simply your national ID card to enter Portugal.

Traveling with a Passport 

EU citizens within the Schengen area are able to enter the country simply by exhibiting their ID card – which is mandatory when flying, for example, but may not always be asked for when entering via land. Passports are of course valid as well, while no visa or return ticket is required.

International travelers (outside EU) must provide a valid passport with at least six months’ validity, as well as proof of sufficient funds to cover their stay. A return ticket is recommended but not compulsory.

Traveling with a Visa

European citizens do not need a visa to enter Portugal, however should their stay be longer than 90 days they will need to apply for a residence permit.

Citizens of non-EU countries mentioned in the table above do not need a visa for a stay of up to 90 days in any 180 day window if they are traveling with the purpose of visiting friends or family, for business reasons, or to attend cultural and sports events. If the purpose of travel is different, it is recommended to check with the respective embassies or consulates in order to obtain correct information.

Nationals of countries not mentioned above may be able to visit Portugal and other Schengen countries for up to 90 days. More detailed entry requirements can be checked here when planning your trip.

Traveling During the COVID-19 Pandemic

As the Coronavirus pandemic evolves, so do entry requirements for Portugal. The local government has implemented a series of public health measures to protect citizens and visitors alike.

A digital certificate with full vaccination or a negative Covid-19 test is no longer required to enter Portugal! You can travel to Portugal without a test or proof of vaccination.

Covid-19 Rules in Portugal

Most COVID-19 restrictions in Portugal have been lifted. For mainland Portugal and the Azores, you ONLY need to wear a mask in public transport, taxis as well as when visiting nursing homes and health facilities. You do not need to wear a mask in restaurants, bars, shopping malls, etc. 

In Madeira, the mask rules are slightly different. The use of a mask is mandatory for people over the age of 6 in the following scenarios:

• Health facilities and services, including pharmacies;
• In public transport, taxis and similar passenger transport;
• Platforms and covered access areas to public transport, including airports and maritime terminals;
• In confirmed cases of COVID-19, in all circumstances, whenever the person is out of the location of isolation, until the 10th day after the onset of symptoms or a positive test result.

According to an update by DGS on July 7 to norm 004/2020 , here are the full Covid-19 isolation updates:

• People with asymptomatic infection or mild illness: 5 days
• People with asymptomatic infection or mild illness, hospitalize or in an elderly residence: 7 days
• People with moderate illness: 10 days
• People with serious illness: 20 days or 10 days with a negative rapid antigen test
• People with serious immunosuppression: case by case basis decided by medical professionals

It is also no longer necessary to quarantine after being in contact with someone with COVID. You do not need to provide an EU Covid Digital Certificate when entering a restaurant, club, or bar, meaning you no longer need a vaccine or test to enter these locations.

Due to the current COVID-19 pandemic, we advise you to always check with your embassy or consulate for advice on your trip. You will also find useful information here . SEF (Portuguese entity for borders control) also has up-to-date information we recommend checking before traveling, as well as this official European website.

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Can you please update travel by air requirements? These are outdated

We have updated the travel requirements, thank you!

Hi Lara I’m hoping to travel from Scotland to Faro 26th March 22 but I’ve just noticed my passport expires 25th April 22 does this mean I can’t travel? Regards Helen

Unfortunately on the Scottish government’s website it says you need at least 6 months on your passport to travel to an EU country. https://www.mygov.scot/travelling-to-europe

But I am pretty sure you can get a passport fast tracked in one week which means you could still make it, check here https://www.gov.uk/get-a-passport-urgently

Wishing you luck!

Hi Lara ,. Good evening I am from Pakistan .I want to know that what is the process of visa for Pakistan. And when registration start for WYD2023 lisbon

Hi Yasir, I recommend contacting an immigration lawyer in Portugal to help you out.

Are Indian nationals living in USA on work visa allowed to travel to Portugal with a Schengen visa? I have tried contacting the embassy here in US but did not get a response and not able to find this information anywhere.

It is my understanding that you can travel to Portugal with a Schengen visa. We recommend trying to contact the Portuguese embassy again so that everything is in order. Check out this list of Portuguese embassies in the US https://www.portugal.com/travel/portuguese-embassies-and-consulates-in-the-usa-uk-and-canada/

To travel to the Azores, I need to complete a Questionnaire. When I click on the link, I see the requirements but cannot find a link to a questionnaire? Where is the questionnaire link?

Hi Patrick! After clicking the link, you must select your airline at the bottom of the page and that will take you to the questionnaire after you fill in your flight information. Let me know if this works for you.

Can a person with dual nationality UK and Australian (holder of both passports) travel to Portugal?

In regard to COVID rules, travel from both the UK and Australia are allowed so if you are coming from those countries (or the list of accepted countries) you can travel to Portugal. If you are not asking about COVID restrictions, but rather visa rules, take a look at this article. https://www.portugal.com/travel/guide-to-portuguese-visas-types-of-portugal-visas/

If my vaccine is over the 270 days but i have had my booster am i classed as fully vaccinated?

I recommend checking the government’s official guidelines here https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Comng from USA to Portugal for visit June 18 to July 2, 2022. Passport expires Dec 10 2022. Have over 5 months after departure from Portugal, I believe I’m ok, correct??

Hi Jose! I believe so but contact your airline to be sure.

Hi lara I have completed my Vaccination 2 doses of Sinopharm from Pakistan and i have its QR code certificate also. I am planning to travel Portugal from Dubai but i can’t find my country Pakistan in given vaccination country list. What does it mean. Can’t I travel to Portugal using my vaccination certificate?

Hi Farfhan, I recommend contacting your airline.

Hi, I am due to enter Portugal by sea, early April, on a cruise ship, and can see that the rules are the same as for by air, however, the Passenger Locator Form does not seem really fit for the purpose by sea, as the questions ie flight number, seat number, where (hotel etc) are you staying are not fully applicable. Yes I can input the ship name, my cabin number, and my port of call, but it mentions that all questions are mandatory. Can you please advise what information I am required to complete in each field?

I recommend contacting your local Portuguese embassy as I cannot find the answer to your question. Sorry about that!

Lara If you have a Canadian passport but enter Portugal from South Africa via Frankfurt will they be alliwed in Portugal ?

Hi Annamie! I would recommend contacting a Portuguese embassy wherever you are located or your airline. For Portuguese embassies in Canada go here https://www.portugal.com/travel/portuguese-embassies-and-consulates-in-the-usa-uk-and-canada/

if I have a Croatia visa can I travel to Portugal

I would suggest contacting an embassy. However, since Croatia is not yet part of Schengen, Croatian visas do not give you the right to enter a Schengen country.

Hi Lara, great that you are replying to each and everyone. Do you have an updated version of those coming from Australia to Portugal? My sister lives in Melbourne and wishes to come and finally visit us in the Algarve, but we both cannot find a satisfactory and official answer. Muito obrigada!

Thank you! My understanding is that you can only travel from Australia to Portugal for “essential travel” right now, such as “to allow the entry into Portugal of citizens traveling for professional, study and family reunion purposes, and for health or humanitarian reasons”. Australia is not on the list of allowed essential travel. You can always check the government’s updates here:

https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

We are entering Portugal via air on 4/8. We are fully vaccinated & boosted (and have our card). Do we still need COVID test to enter? If so, 48 or 72 hours before entering?

Check the travel requirements here https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

We are traveling to Madeira from 13-20 April. My daughter’s passport expires in June. We are EU citizens/ Ireland passport holders. I understand passport validity requirements for EU citizens is up until return date. Does this apply to Madeira? Will we have any problems passing through customs/airport or with airline staff with her passport? Thank you.

Hi Francis! Since Madeira is fully integrated into the EU as an autonomous region of Portugal, the same rules apply. You are unlikely to have problems but maybe contact your airline if you are unsure.

We are from Singapore and planning to travel by land (bus) from Santiago De Compostela to Lisbon in May. May I know if also subject to ““essential travel” only? Please advise.

Technically, since you are coming from Spain, you are allowed in and no border control exists by land. This is still a loophole so I would recommend contacting the Portuguese authorities here so you are 100% sure you are in the clear https://eportugal.gov.pt/en/cidadaos-europeus-viajar-viver-e-fazer-negocios-em-portugal/viajar-para-portugal

Also, “it is mandatory to present the EU COVID Digital Certificate. Citizens who are not holders of the Digital Covid EU certificate in vaccination, test, or recovery modalities, will have to present proof of a negative RT-PCR test (TAAN), performed in the last 72 hours, or rapid antigen test (TRAg), performed in the last 24h.”

Hey I’m Traveling to Portugal from Armenia, do you know about covid restriction? do I need valid vaccine certification for 6 months? I want to enter to Portugal on May 1st and come bake to Armenia on May6, My vaccination 6 month will expire on May 12. Is it ok?

First, make sure you are going for “essential” travel as Armenia is not on the non-essential travel list. “Essential travel is defined as trips allowing the transit, entry into and departure from Portugal for professional purposes, study, family reunions, health and humanitarian reasons and under the reciprocity principle”.

About your vaccine, all should be good if your vaccine expires on May 12. However, make sure that you have your full vaccine schedule and all the doses completed. I recommend contacting the airline to make sure all is in order. You can also check out the official government website about COVID-19 restrictions here https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Hi, I’m travelling to mainland Portugal on 14th May ‘22 returning 21st May. My passport is 10 years old on 05/09/22 and expires on 05/02/23, I believe this is within the rules allowing me to travel? Regards Matt

So your passport will be 10 years old before you travel to Portugal? The passport needs to be less than 10 years old on the day you enter. The expiry date is fine, but the date of issue could be a problem. Contact your airline to clarify the issue.

Hi Lara, my passport won’t be 10 years old until 3 months after I return home from Portugal.

I return home 21 May 22, my passport is 10 years old on 5 September 22, I think this makes it ok?

Thanks Matt

My bad! Yes, then it should be fine. Safe travels 🙂

Thanks Lara

I am flying to Portugal from the Uk 22nd May, return on 25th May. I have a Spanish passport that expires 11th June. I cannot renew it as the Spanish consulate is on strike. Can I travel with it without 3 months validity as it is EU passport even though I’m travelling from UK?

I would not advise traveling without a valid passport. Even though they are on strike, you should call the Spanish embassy in the UK and ask whether they would consider issuing an emergency passport.

Thanks Lara. It will be valid for 2 weeks after I return. I know for EU citizens the rules are different and the passport juts has to be valid for the length of stay, as opposed to 3 months for UK citizens. The question really was which rules apply to me as I travelling from the UK. The Spanish embassy are only dealing with emergencies for Spaniards in the UK. Thank you for the response ☺️

Hi Jessica!

I would contact your airline as I am not sure. Sorry for not being able to help out more!

I am a Zambian national who lives in Cambodia, for 7 seven years now, working with UN. i want to travel to Portugal on 12 April to visit my daughter for 16 days only. I am fully vaccinated, with AstraZeneca 2 doses, Pfizer, 3rd dose. Am I allowed to enter Portugal?

Hi Florence! Check out this link to the official government travel restrictions https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

If I just have a layover (in transit) in Portugal for a few hours, does my passport need to be valid for 6 months?

And the vaccination certificate from the USA is valid correct?

Hi Victoria,

I recommend contacting your airline. In theory, this should not be an issue, but if something happens and you need to leave the airport this could be a problem. A USA vaccination certificate is valid, yes.

I am sorry to ask this but it is a bit confusing and we really need to know. We are traveling from the USA, USA citizens, and going to Portugal. We are both vaccinated with a booster. Do we need to get a PCR or antigen test before we leave the USA? I have read that if vaccinated with a booster we do not need a test. Will Portugal accept our vaccination card from the USA? Thanks, Jim

If you have all your vaccines, you do not need to take a test. And yes, your US vaccination card is accepted. Check out this official link for this information https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

I have the same question. The USA is not listed as a third country on that website.

The information on this is unclear so I would recommend contacting your airline.

I am a US citizen traveling from the US to Senegal for 5 days and then had plans to travel from Senegal to Portugal but am now concerned I will not be allowed entry because I am coming from Senegal. Is it only those with Senegalese passports who are not allowed entry or anyone traveling from Senegal. I am fully vaccinated and have a US vaccination card.

Hi! Senegal is not on the unessential travel list so you could be denied entry. If it’s for essential travel, you should be fine (i.e. to allow the entry into Portugal of citizens traveling for professional, study and family reunion purposes, and for health or humanitarian reasons). I recommend contacting your airline. Check out the official website https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Its good to know that you reply to everyone’s query !!! My question is : I have Portuguese PR card that allows me to travel to all EU countries but i have Pakistani Passport. Will i be allowed to enter Lisbon as i will be coming from Pakistan to Spain for 4 days then Lisbon for 2 days ??

Thank you! I advise you check the COVID travel restrictions before you travel. Currently, Pakistan is not on the non-essential travel list, but you should always check at the time of travel. Regarding your permanent residency status, you should contact the embassy.

My husband and I are traveling to Portugal from the US but will change planes in Munich. I’ve filled out a passenger locator form with information for the first leg of the trip but not the second, which actually gets us from Munich to Lisboa and there does not seem to be an option for that. So I’ve probably provided the wrong information. What now?

Hi Barbara,

I suggest contacting your airline with this question.

Hello Lara, My aunt and nephew, both Indian nationals are going to Edinburgh for a golf tournament after which they would like to visit us. Can they travel to Portugal? Thanks Pam

I do not see why not since they are traveling from the UK. However, it is mandatory to present: Mandatory to present: – A valid vaccination EU Digital COVID Certificate (with a complete vaccination schedule or with a complete vaccination schedule and a vaccine booster) – Or a valid test or recovery EU Digital COVID Certificate, – Or a valid vaccination certificate (with a complete vaccination schedule or a vaccine booster) or recovery certificate issued by a third country, under reciprocal conditions – Or a negative RT-PCR Test (or similar NAAT test) – 72h before boarding, or – Or a negative Laboratorial Rapid Antigen Test- 24h before boarding (according to the European Commission list)

Do check here if there vaccine is valid for entry. https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Will be travelling to Portugal from Malta soon. So PLF form is no longer required?

Nope, no longer required 🙂

Is there a QR code / Form necessary for US citizens entering Portugal? Is the CDC vaccination card an acceptable form of proof of vaccine? Thank you!

Hi we are going on a Douro River cruise in June 2023. My passport was issued August 2016 and expires May 2027. There will be under 10 years left when we travel. will entry be allowed, as I understand some airlines will not allow travel.

I recommend contacting your airline about your passport validity.

Hi my daughters has an irish passport we travel to Portugal in August 2022, her passport runs out April 2023 how can i find out if this is ok?

From what I read since they have an Irish passport, that validity is totally fine. On the Embassy of Ireland on Portugal’s website, it says that your Irish passport must be valid up to your return date. Check out the link here https://www.dfa.ie/irish-embassy/portugal/passports/top-passport-questions/passport-validity-needed-for-overseas-travel/

My brother and I are fully vaccinated Canadians (triple vaxxed) entering Portugal on May 4 to get to Spain. We return to Portugal on May 8 to catch our flight back to Canada.

Does Portugal accept Canadian Vaccination Certificates for entry? Or do we require Negative PCR or Lab Antigen tests?

I’m reading conflicting information on the web. It says Canada is not listed as an approved third party country issuing under reciprocal conditions.

Any information/clarity would be great!

Hi Ravinder,

I recommend contacting your airline as the information available on this is conflicting, as you have said.

hello, I am travelling back to Canada from Spain on May 1st with a transit in Portugal for a few hours. I am fully vaccinated with booster late November. 1. Do I still need an antigen test. My husband and kids (who travelled 3 days ago) said that has been lifted. Is that true? 2. do I still need to fill the passenger locator form for Portugal.

I dont have a travel agency to ask, is there a Portuguese site to answer these questions if you are not able to answer?

Thank you very much!

Check ou the official government website https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

My husband and I will be traveling to Portugal later this month from the US. We are US citizens and have vaccination cards which show that we are fully vaccinated and boosted. Do we need to take an Antigen test 24 hours before we travel? Thank you.

Check out the official rules here https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Hello, we are hoping to travel to Portugal on 18th May. My friend will get his second vaccine today (4th May) around 12.00h, and we arrive into Portugal by air around 21.00h. So we arrive on the 14th day of his vaccine schedule, plus maybe nine hours. Will this be permitted for entry – it is technically just over 14 whole days, but we don’t want to be turned away at the airport? Many thanks for your help.

Please check out the official rules here https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Could you confirm how long a British passport needs to be valid for a visit to Madeira? The gov.uk website says it’s 3 months but I think I’ve been told 6 months in the past, so can you confirm the latest requirement?

I recommend contacting your airline

Hello. I am a US citizen.. traveling from US to Portugal (mainland). 9 June 22. I am fully vaccinated… have received three shots. My third shot was 6 months ago. I have a card from the CDC proving this information. Does this count as a valid vaccination certificate? I would tend to believe that the answer is ‘yes.’ I have an official card from the CDC verifying that I have had two vaccine shots plus a booster. However… the travel requirements are slightly confusing. I ask here to double check to see if I am correct. It would appear that I also need a valid vaccination EU Digital Covid Certificate. Am I correct? Thank you in advance.

or contact your airline 🙂

Hi, Lara, Thanks for answering so many questions. I did check the VisitPortugal site and it doesn’t say the USA is a reciprocal 3rd party unless I missed it? So anyone coming from the USA should get a test.

We fly into Warsaw for the night and then through Spain before Lisbon. We’ll will be right at 72 hours as our test is at 3pm on June 1 (losing 8 hours from USA time) when we land in Spain on June 4th at 2:35pm. I wonder if we’ll be ok with the airline Tap Portugal if we get to the gate a little after 3pm?

I recommend contacting your airline to make sure you will be fine 🙂

Hello Lara,

We are from USA, coming to Portugal from Switzerland through Spain. I see that Portugal is not reciprocal with US so we will need to take a test. For a different trip this year we used the Navica App from Abbott. This is a proctored covid test that is done over zoom and then you are provided with a QR code. will this work for Portugal or is there a specific test that is necessary?

I recommend contacting your airline or DGS to make sure this test is accepted.

Morning Lara i have just been on the website you recommend to check rules regarding travel from UK by air to see if we need PCR test but it says last updated 19th March?? the travel agent says they think? you still have to do one but someone we no who was there last week says they have stopped doing tests now and she wasnt asked for any tests is their a more up to date site we can check or phone

Hi Steve! The official website has been updated May 30 https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

June 16, 2022. Will Portugal accept a Covid recovery letter from the USA?

Hi Michelle! Contact your airline because you might still need a covid 19 test.

Hi Lara, we are planning a trip to Lisbon next year on March 6, 2023 to March 16, 2023. My only concern is my daughter who will be 15 her passport expires on September 25, 2023, it is 6 months before expiration. Do I need to renew her passport?

It depends on your passport. I recommend contacting your airline.

We are travelling to Lisbon on July 8th. We get out boosters on Tuesday, which is 11 days before we arrive in Portugal. Will we have to provide a negative Covid test? The guidelines I have read so do not indicate how long before the booster considered valid.

Hi Christina,

Please contact your airline.

Hello Lara, my daughter is US national with Swiss residency card, we all leave in Switzerland (work permit B). We plan to go to Madeira for holidays July 2022, but noticed her passport expires in September 2022. Do you foresee any issue entering Portugal. Thank you,

btw, airline was not able to comment or provide more information.

Hi Anastasia, I recommend contacting your airline

Is the info about masks updated? Someone in a FB group wrote me that he returned from Lisbon a few days ago and he didn’t have to use a mask neither in taxis nor in flights.

You still have to wear a mask on flights and taxis, according to the SNS website, updated in early July. You can check out the mask rules here https://www.sns24.gov.pt/alerta/medidas-covid-19/

The latest update of that page from 29 August no longer requires masks in public transport.

To travel from Mexico is visa requiered to enter Portugal?

Hello! To travel to Portugal with a Mexican passport you do not need a visa (for up to 90 days). However, if you are unsure, you should always contact a Portuguese embassy.

Hey I’m planning to visit Portugal in octomber. Im nationality Georgian, East Europe. I hold just Georgian passport and visited couple times Germany with no problem. so my question is if I could get to Germany with no problem at all, will I be able to visit lisabon via tourist purposes?

You don’t need a visa to visit Portugal and you can stay up to 90 days visa-free.

Hi Lara, I am a Libyan leaving in Cardiff ,Wales/ UK And I have indefinite leave to remain. I am planing to travel to Djerba, Tunisia from Manchester through Lisbon, and my transit is a bit long it’s 20hr. I am not gonna leave the international airport area. My question is do I have to apply for a vise or I don’t need? Thanks a lot

Hi Shaban, Please contact your airline as they will advise you!

Hello What are passport requirements for entering Madeira from UK? I have read conflicting statements – some say valid for at least 3 months after the date you intend to leave the EU country you are visiting and some say valid for at least 6 months after the date you intend to leave the EU country you are visiting, Could you clarify current situation please. Thank you

Hi Terry, I recommend contacting your airline.

I’m a Ghanaian national with a UK resident card transiting through Portugal to Ghana. Please i would like to know if I’ll need a transit visa to transit through Portugal to Ghana. Thank you.

Hi Sandra, I recommend contacting a Portuguese embassy to address your question.

Hi Lara, we are visiting from the US in March. I have two children under the age of 3 traveling and we are getting their passports this week. It takes about 3-4 months to get the passports and I just read they must be valid for over 6 months to enter Portugal. Will it be an issue that my children’s passports will be less than that? Thank you!

Hi Courtney,

The children’s passports must have at least 6 months of validity in terms of their expiry date. If they travel with brand new passports this is fine.

I come from Hong Kong. Both my citizen card and Portugal passport expired. Can I go to Portugal with my Hong Kong SAR Passport? And then renew my expired citizen card and passport, can it be done?

Hi Stella, Without Portuguese documents you would technically need a tourist visa to visit Portugal (for up to 90 days). However, I would recommend contacting a Portuguese embassy about your case.

This web page says 6 months validity on passport from date of departure. The US Portugal Embassy website says three months. Which is correct?

Hi Robin, It depends on your nationality, but it is only three months for US passports.

Hey I have a silly question. So my husband is Portuguese and he wants to travel back home to Portugal. But his Portuguese passport is not valid. When he leaves Canada to go to Portugal does he need his valid Portuguese passport to travel or can he travel with an expired passport? He has an Portuguese identification card. Is that enough? He does not have a Canadian passport he will be travelling with a PR card to come back.

Hello! Not a silly question. From my understanding, he would need a valid passport, the Portuguese identification card is only valid within the European Union.

I have a US Green card and hold an Indian passport. I plan on visiting Morocco from US and there is a stopover in Lisbon both ways. Do I need a transit visa in Lisbon?

Hi Evita! It’s best to check with a Portuguese embassy or airline.

Hello, still wondering if US Passports are ok with the 3 months from date of departure?

Hi Katie, for US passports its 3 months.

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Portugal holidays: Entry requirements, passport validity, Covid vaccine and booster rules explained

Portugal is open to holidaymakers - but you have to meet certain passport and Covid-19 vaccination requirements

• 14:30, 18 MAY 2022
• Updated 14:38, 18 MAY 2022

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It's almost the school summer holidays and many of us are counting down the days until we can relax on a sun lounger next to the pool with a pint or a cocktail. One of the most popular destinations for British family holidays is Portugal, with the Algarve region particularly popular with beach-lovers and families with children.

Travelling to Portugal is simple: flights from the UK only usually take two to three hours and there aren't many restrictions limiting who can enter the country either. According to the UK Foreign Office, a "passenger locator form" is no longer required for UK residents travelling into mainland Portugal and the Azores, though it's recommended that people travelling to Madeira or Porto Santo have one each.

Portugal does expect travellers to be fully-vaccinated, however. If you're fully vaccinated, you can enter mainland Portugal and the Azores without needing to take a Covid test - providing you meet certain criteria - but you will be asked to provide your vaccination certificate.

If you're not fully vaccinated, you need to show proof of a negative PCR test taken no more than 72 hours before boarding, a rapid lateral flow test taken no more than 24 hours before boarding or valid evidence of recent recovery from Covid-19. Tests must be carried out by a trained medical professional, self-administered tests are not accepted by the Portuguese authorities.

Read more: Spain entry requirements, vaccine and boosters, passport validity and new drinking rules explained

Here is the latest advice from the Foreign, Commonwealth and Development Office on travelling to Portugal. All information was correct at the time of publication, but it's always worth checking the latest updates before you travel.

Covid entry requirements for Portugal

The UK Foreign Office explains that travellers must be "fully vaccinated" to enter mainland Portugal and/or the Azores without a Covid-19 test - or they have to show proof of a negative Covid test. However, children aged 11 and under do not need to take a test or show proof of vaccination or recovery to enter mainland Portugal and the Azores.

A statement on the Foreign Office website states: "If you're fully vaccinated, you can enter mainland Portugal and the Azores without needing to test. To qualify under the fully vaccinated rules, you must have a vaccination certificate which shows you have had either a full course of a vaccine approved by the European Medicines Agency, at least 14 days and no more than 270 days before you arrive, or a full course of a vaccine plus a booster vaccine approved by the European Medicines Agency at least 14 days before you arrive.

"You will be considered fully vaccinated if you have had: both doses of a 2-dose vaccine, or a combination of two different vaccines, or an approved one-dose vaccine, or a full course of a vaccine, plus a booster vaccine, or if you caught Covid-19 after just one dose of a two-dose vaccine and your certificate shows that your vaccination course is complete after the administration of just one dose of the vaccine."

The Foreign Office continues: "You must present proof that you have been fully vaccinated when you check-in for your flight to mainland Portugal and the Azores. You can use your UK Covid Pass (paper or digital format) to demonstrate your vaccination record. The NHS vaccination card is not accepted for travel.

"If you're fully vaccinated and your airline allows you to travel to mainland Portugal or the Azores without proof of your vaccination status, you will have to take a Covid-19 test at your own expense at the airport or port on arrival. You will also be fined unless you can prove you are legally resident in Portugal.

"If you're not fully vaccinated, you’ll need to show proof of a negative PCR test (taken no more than 72 hours before boarding), a rapid lateral flow test (taken no more than 24 hours before boarding) or valid evidence of recent recovery from Covid-19 on departure to mainland Portugal and the Azores. Make sure your test is carried out by a trained healthcare professional. Self-administered tests are not acceptable."

Passport validity requirements for Portugal

In order to visit Portugal from the UK, you must have an in-date passport that meets two key requirements. Your passport must be: issued less than 10 years before the date you enter the country (you can work this out by checking the "date of issue") and valid for at least three months after the day you plan to leave (you can work this out by checking the "expiry date").

The Foreign Office adds: "You must check your passport meets these requirements before you travel. If your passport was issued before October 1, 2018, extra months may have been added to its expiry date."

Do I need a visa?

The UK Foreign Office explains that people can travel from the UK to countries in the "Schengen area" (which includes Portugal, Spain, France and Italy and several other European countries) for up to 90 days in any 180-day period without a visa. This applies if you travel as a tourist or to visit family or friends, to attend business meetings, cultural or sports events, or for short-term studies or training.

If you want to stay for longer than 90 days, for your holiday or for work or studying, you should speak to the Portuguese Immigration Service and Portuguese Embassy to find out what type of visa and/or work permit you may need.

The UK Foreign Office explains that people may also be required to show a "return or onward ticket" and that they have "enough money for [their] stay" in order to be granted entry into Portugal.

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New travel to Portugal rules now in force

By TPN/Lusa, in Tourism , COVID-19 , Portugal · 07 Feb 2022, 10:09 · 10 Comments

Now, to enter the country, “only the presentation of the Covid Digital Certificate of the European Union in its three modalities or other duly recognised proof of vaccination is now required”, according to the office of the Minister of the Presidency.

The Council of Ministers also approved changes regarding the Covid digital certificate and adjustments to proof of vaccination to be presented for access to certain establishments.

Now, the digital certificate requires that rapid antigen tests be performed within the previous 24 hours, instead of the 48-hour deadline, and in the case of a molecular nucleic acid amplification test (TAAN), the deadline is 72 hours.

Regarding vaccination, the Covid-19 digital certificate now attests to the completion of the primary vaccination programme for more than 14 days and less than 270 days since the last dose, or the booster dose.

The rules regarding the recovery certificate remain unchanged.

For further details about travel rules for Portugal, please visit here.

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Does the acceptance of a EU Covid test certificate for entry to PT apply to UK ones as well

By RICHARD MCKENZIE from UK on 07 Feb 2022, 15:30

The detail on the third line of the first paragraph appears to be incorrect and misleading. It is inconsistent with the rules given on the official Visit Portugal website. Your article says UK citizens can enter with just proof of vaccination but in reality it would appear you still need a negative test or a recovery certificate?

By Alan Booth from Algarve on 07 Feb 2022, 15:43

What time on 7th because my husband came back from the UK today and they were still issuing fined

By Linda from Porto on 07 Feb 2022, 16:18

Once again, this applies only to EU (and recognized third countries). It does NOT apply to North America and the rest of the world. Your article does not indicate this important fact.

By David White from USA on 07 Feb 2022, 16:50

I’m still waiting for someone to explain why vaccinated travellers, who can still contract and transmit the virus, are allowed to enter without testing. Why are they free to spread it? This is discrimination purely to coerce people who do not want to be vaccinated to get injected.

By SS from Algarve on 07 Feb 2022, 19:43

We are a bit confused, Fly on Monday the 21st my second dose was in September and had my booster today. My Wife had second dose in April and also having booster today. that takes us over the 14 days by one/two days! our 13 year old has had no vaccinations for medical reasons we decided it wasn't worth the risk..... Still don't know who has to test prior who can get into venues! We would like to eat in local restaurants as I'm sure they need the business after the last 2 years, rather than just go to Lidl and eat from Apartment

By Stephen from UK on 08 Feb 2022, 12:09

Would you kindly published a corrected version of this story as it is very confusing/inaccurate. It suggests that a test is not needed and then goes on to say that it is. The Visitportugal website suggests that a valid Vaccination Certificate or Test Certificate or Recovery Certificate. The use of "or" appears to indicate that only one of of these options is required. The statement "Or a valid vaccination or recovery certificate issued by a third country, under reciprocal conditions" and listing several countries including UK suggests the NHS vaccine passport is acceptable. Allowing fully vaccinated travellers into Portugal without a test means that Portugal and the EU has moved on. It is a decisive action that it is now time to live with Covid (as per colds, Flu and other viruses).

By Paolito from Algarve on 08 Feb 2022, 13:12

Could this Newspaper please call the Government and update this article. Some of the information does not match what the official rules state. Also check for North American traveler requirements and UK. Do we test or not if vaccinated and current? Will a USA CDC Vac Card Paper form work?

By Bob Jay from Lisbon on 08 Feb 2022, 15:08

UK fully vaccinated residents can enter Portugal without a test as long as they are fully vaccinated and can show their certificate and complete the Passenger Locator Card online BEFORE check in at the airport as you will be asked for this. The gov uk website has this information https://www.gov.uk/foreign-travel-advice/portugal/entry-requirements

By Margo from Porto on 08 Feb 2022, 15:55

Suddenly as of 12 February 2022, fully vaccinated Canadians can no longer enter mainland Portugal except for "essential travel". This happened 3 days before we were to depart for the Algarve for 6 weeks vacation; we had to cancel all our plans and bookings? Why are Canadians banned?

By Bal Kakaria from Other on 15 Feb 2022, 11:26

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Travel Vaccines and Advice for Portugal

Portugal is located in southwestern Europe. It is a sovereign state on the Iberian Peninsula. With an amazing Atlantic coast, Portugal is a must visit.

Travelers can ride the rails, surf the beaches, and enjoy breathtaking scenery. People can also experience the amazing sights of Sintra, immerse themselves in the nightlife of Lisbon and much more.

While Portugal has a lot to offer like wine and port, architecture, and music, the food is no exception. They are known for their seafood, country cooking, and many other specialties.

Whether you love to see the sites, learn about history or enjoy the food, Portugal has something for everyone.

On This Page: Do I Need Vaccines for Portugal? Other Ways to Stay Healthy in Portugal Do I Need a Passport or Visa for Portugal? What Is the Climate Like in Portugal? How Safe Is Portugal? Capela de Ossos Bone Chapel What Should I Take to Portugal? U.S. Embassy in Portugal

Do I Need Vaccines for Portugal?

Yes, some vaccines are recommended or required for Portugal. The CDC and WHO recommend the following vaccinations for Portugal: hepatitis A , polio , hepatitis B , influenza , COVID-19 , pneumonia , meningitis , chickenpox , shingles , Tdap (tetanus, diphtheria and pertussis) and measles, mumps and rubella (MMR) .

See the bullets below to learn more about some of these key immunizations:

• Hepatitis A – Food & Water – Recommended for most travelers.
• Polio – Food & Water – Due to an increase in cases globally, an additional adult booster is recommended for most travelers to any destination.
• Hepatitis B – Blood & Body Fluids – Recommended for travelers to most regions.
• Influenza – Airborne – Vaccine components change annually.
• COVID-19 – Airborne – Recommended for travel to all regions, both foreign and domestic.
• Pneumonia – Airborne – Two vaccines given separately. All 65+ or immunocompromised should receive both.
• Meningitis – Direct Contact & Airborne – Given to anyone unvaccinated or at an increased risk, especially students.
• Chickenpox – Direct Contact & Airborne – Given to those unvaccinated that did not have chickenpox.
• Shingles – Direct Contact – Vaccine can still be given if you have had shingles.
• Polio – Food & Water – Considered a routine vaccination for most travel itineraries. Single adult booster recommended.
• TDAP (Tetanus, Diphtheria & Pertussis) – Wounds & Airborne – Only one adult booster of pertussis required.
• Measles Mumps Rubella (MMR) – Various Vectors – Given to anyone unvaccinated and/or born after 1957. One time adult booster recommended.

See the table below for more information:

Specific Vaccine Information

• Hepatitis A – Hepatitis A, caused by the hepatitis A virus (HAV), is a contagious liver infection. It spreads through contaminated food, water, and close contact. Preventive measures include vaccination, good hygiene, and avoiding raw shellfish. The hepatitis A vaccine is highly effective, requiring two doses for long-term protection.
• Hepatitis B – Hepatitis B, caused by the hepatitis B virus, spreads through infected bodily fluids. While safe practices can reduce the risk, vaccination is the most reliable defense. The hepatitis B vaccine stimulates the immune system to produce antibodies, ensuring robust and long-lasting protection against this liver disease.
• Measles, Mumps, Rubella (MMR) – Measles, mumps, and rubella are viral infections that spread easily. Vaccination with the MMR vaccine is the CDC’s top recommendation for preventing these diseases. It offers comprehensive protection against all three viruses, ensuring the safety of both individuals and the community.

It’s important to stay up-to-date with the current health issues in Portugal. If you end up not feeling well after you trip, you should go see your doctor. You should tell your doctor where you went and what you did on your trip.

See our vaccinations page to learn more about these infections and vaccines. Ready to protect yourself? Book your travel health appointment today by calling or schedule online now .

Other Ways to Stay Healthy in Portugal

Prevent bug bites in portugal.

Prevent bug bites by covering up and using insect repellents with DEET or picaridin. If bitten, wash the bite, resist scratching, and soothe with hydrocortisone or antihistamines. Seek urgent care for severe reactions.

Food and Water Safety in Portugal

When traveling, ensure food safety by adhering to CDC recommendations, which include eating fully cooked foods, avoiding raw seafood, and selecting reputable dining places. Safely drink bottled beverages, avoiding ice in uncertain water sources, and consume alcohol in moderation. Prevent travelers’ diarrhea through hand hygiene and avoiding street food in unsanitary areas.

Infections To Be Aware of in Portugal

• Leishmaniasis – Sand fly bites are the main mode of leishmaniasis transmission, but it can spread through other means. Prevention measures include using insect repellents, wearing long clothing, and minimizing outdoor activities during times when sand fly are most active.
• Zika – Zika virus spreads through mosquito bites, sexual contact, and mother-to-child transmission. To prevent infection, individuals should use insect repellent, practice safe sex, and stay informed about travel advisories.

Do I Need a Passport or Visa for Portugal?

A visa is not required for Portugal if you are staying less than 90 days. Passports must be valid for at least three months beyond the date of departure.

Sources: Embassy of Portugal and U.S. State Department

What Is the Climate Like in Portugal?

Portugal has different climates in its most popular tourist destinations. Lisbon and Porto have a Mediterranean climate, which means mild winters and hot summers. Lisbon is a bit warmer than Porto. The Algarve is in the south of Portugal and is known for having hot summers and mild winters. Madeira, an archipelago near Portugal, has a subtropical climate with mild temperatures throughout the year.

In the summer, temperatures in Lisbon and Porto are around 75 degrees. The Algarve is hotter with temperatures around 80 in the summer. Madeira has temperatures around 75 during the summer. In the winter, Lisbon is around 60, Porto is around 50C, the Algarve is around 60, and Madeira is around 65.

It’s important to know that these are general climate conditions, and the weather can be different each year. It’s a good idea to check the weather forecast before traveling to any destination.

How Safe Is Portugal?

To stay safe in Portugal, there are a few things travelers can do. First, be aware of your surroundings, especially in busy places. Keep an eye on your belongings and avoid showing off expensive items. Stick to well-lit and busy areas, especially at night. Try not to carry too much cash with you. Instead, use credit cards or withdraw small amounts of money as needed, and keep your money and valuables in a secure place like a hotel safe.

Use only licensed taxis and avoid accepting rides from strangers. Be careful when using public transportation, and avoid traveling alone at night. Be mindful of scams and people offering fake deals.

Follow the local COVID-19 guidelines, like wearing masks and social distancing. Finally, check for any travel advisories or safety warnings before you go. By following these tips, you can have a fun and safe trip to Portugal.

Capela de Ossos Bone Chapel

Avoid an embarrassing stop, over 70% of travelers will have diarrhea., get protected with passport health’s travelers’ diarrhea kit .

There are a lot of cool and unusual places to explore in Portugal. The Cappela de Ossos Bone Chapel is one of those places. The chapel is made of human bones and a golden skeleton can be seen inside the chapel.

The chapel is located in Faro, Portugal and appears to be a normal looking chapel on the outside. It holds a lot of history with an inscription on the door that says, “Stop here and think of the fate that will befall you”. The Carmelite monks who created the chapel put up this inscription.

The chapel walls are made from femurs with mortar. The interior is filled with skulls and the bones of 1,245 monks.

What Should I Take to Portugal?

Packing for a trip to Portugal, there are certain things you need to bring to be ready to travel.

• Visa and Passport — You need to have a passport that is 3 months before the date of departure. You don’t need a visa if you are only planning to stay less than 90 days.
• Money — Euros are accepted in Portugal. Typically you will need 50 euros a day to stay at a hostel and shop cheaply at grocery stores.
• Clothes — If you’re seeing the sites, you should bring comfortable shoes. But, to the beach sandals or flip-flops are ideal. The evenings can be cold. Dress in layers and bring clothes like a pashmina, scarf, cardigan, and a long sleeve cotton top. In the warmer weather you should pack clothes that are breathable as well as comfortable.
• Pack for Health — You want to pack for not only your health but also for your safety. Prescription medicines, medical supplies, and over the counter medicines are ideal for your trip to Portugal. You should also bring supplies to prevent illness or injury and a first aid kit.

U.S. Embassy in Portugal

All Americans visiting Tunisia should register online with the U.S. Department of State before departure. This will inform the office of your travel plans within the country and will allow them to reach out in the case of an emergency or evacuation.

The U.S. Embassy in Portugal offers different services to travelers. They can help U.S. citizens with passports, emergencies, and registering to vote in U.S. elections. They also help Portuguese citizens and residents who want to travel to the U.S. by providing visa services. Additionally, they give information to travelers about travel restrictions, safety, and security issues.

Once in Portugal, the information for the U.S. Embassy is:

U.S. Embassy Lisbon Avenida das Forças Armadas 1600-081 Lisboa Phone: 351-21-727-3300

It is essential to check the embassy’s website or contact them directly to confirm which services are available.

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Lisbon travel advice.

This article focuses on the necessary documentation you need to travel to Portugal and Lisbon , depending on your nationality .

US Citizens

If you're an American citizen traveling to Portugal, you do not need a visa if you plan on staying for less than 90 days . But your passport must be valid for at least six months beyond your stay. 

Australian Citizens

If you're an Australian citizen visiting Portugal or any other party to the Schengen Agreement, you don't need a visa if you stay for less than 90 days . Your passport must have at least six-month validity from the planned return date. 

EU, EEA, and Swiss Citizens

As citizens of the European Union and European Economic Area, you'll  not need a visa  to enter Portugal: 

EU member countries

Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, and Sweden.

EEA countries

Iceland, Liechtenstein, and Norway. 

Citizens of the following countries do not need a visa to enter Portugal

The following countries  do not require a visa for visits lasting less than 90 days , but require a valid passport to enter Portugal: 

Andorra, Antigua and Bermuda, Argentina, Bahamas, Barbados, Bolivia, Bosnia, Brunei, Canada, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Hong Kong, Israel, Japan, Korea, Macao, Malaysia, Mauritius, Mexico, Monaco, Montenegro, Nicaragua, New Zealand, Panama, Paraguay, Saint Kitts and Nevis, San Marino, Serbia, Seychelles, Singapour, Taiwan, Uruguay, and Venezuela.

Other countries

For citizens of  countries not previously mentioned , we recommend visiting the Embassy of Portugal in your country   or checking  Portugal's Schengen Visa Application Requirements : 

• Portugal Schengen Visa Application Requirements

You may also be interested in

Before traveling to Lisbon, it's normal to have questions about the necessary documentation, the official currency, opening hours, and more. Here we'll try to answer some of the most common questions you may have when planning your trip to Lisbon.

Health Insurance

The Portuguese Serviço Nacional de Saúde (SNS) is similar to the United Kingdom’s National Health Service (NHS), but depending on where you are from you might want to get private heath insurance.

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COVID-19: travel health notice for all travellers

Portugal travel advice

Latest updates: Editorial change

Last updated: June 4, 2024 08:03 ET

On this page

Safety and security, entry and exit requirements, laws and culture, natural disasters and climate, portugal - take normal security precautions.

Take normal security precautions in Portugal

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Heightened threat of terrorism

On October 23, 2023, Portugal’s Internal Security System raised the national terrorism threat level to 3, “significant”, on a 5-step scale. This decision follows recent terrorist attacks in Europe and the Middle East.

Due to the raised threat level, security forces will increase their presence in public places and near government buildings.

If you are in Portugal:

• be aware of your surroundings
• follow the instructions of local authorities
• expect heightened security measures and an increased police and military presence

Petty crime, such as pickpocketing and bag snatching, occurs. Thieves are very skilled and often work in groups. Be particularly vigilant in these public areas:

• all tourist sites and attractions
• restaurants
• hotel lobbies
• transportation hubs, including bus and train stations

While crime occurs mostly in larger cities, thieves can strike anywhere, including in small towns popular with tourists and, in particular, towns along the coast. Be particularly careful in the greater area of Lisbon:

• Sintra and Queluz
• Costa da Caparica beaches
• Guincho beach
• Cabo da Roca and Boca do Inferno

Ensure that your personal belongings, including your passport and other travel documents are secure at all times. Pay attention to your surroundings, avoid wearing or carrying expensive watches, jewellery, cameras, etc. and don’t carry large sums of cash. If possible, carry only the documents, cash and belongings you will need for the day; leave all other items in a hotel safe.

In Lisbon, exercise caution at all train, bus and underground stations, and particularly on electric trams numbered:

• E28, to Castelo de São Jorge (São Jorge castle)
• E25, to Prazeres
• E15, to Belém

In Porto, don’t walk alone after dark, especially along the Douro River Waterfront.

If you are robbed, go to the nearest police station to report the crime and obtain a police report. There are tourist police stations in Lisbon, Porto, Praia da Rocha (Portimão) and Cascais. Local establishments, such as hotels will be able to direct you to the police station.

Violent crime targeting tourists is rare in Portugal.

Parked vehicles and vehicles on the road

Vehicle break-ins are frequent. Rented vehicles are a target of choice.

• Leave nothing in view in the vehicle
• Ensure that your belongings, including passports and other travel documents, are secure at all times
• Use secure parking facilities
• Be particularly vigilant when renting automobiles
• Beware of any person who waves at you to stop on the highway

Official assistance and road monitoring vehicles are present on Portuguese highways. They will come to your assistance. When possible, wait for these service providers to arrive or if you are in sight of an SOS phone (which are located along the highways), use it to call for help.

Home break-ins

Tourists staying in rental homes have been the victims of break-ins and burglaries. Choose well-secured homes and avoid unsavoury neighbourhoods. Whether you are staying in private or commercial accommodations, make sure you lock windows and doors securely at night and when you are away.

There is a threat of terrorism in Europe. Terrorists have carried out attacks in several European cities and further attacks are likely.

Targets could include:

• government buildings, including schools
• places of worship
• airports and other transportation hubs and networks
• public areas such as tourist attractions, restaurants, bars, coffee shops, shopping centres, markets, hotels and other sites frequented by foreigners

Always be aware of your surroundings when in public places. Be particularly vigilant if attending sporting events and during religious holidays and other public celebrations, as terrorists have used such occasions to mount attacks.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances. These items may contain drugs that could put you at risk of sexual assault and robbery.

Demonstrations and strikes

Demonstrations and strikes can occur in larger urban centres. Even peaceful demonstrations can turn violent at any time. They can also lead to disruptions to traffic and public transportation.

• Avoid areas where demonstrations and large gatherings are taking place
• Follow the instructions of local authorities
• Monitor local media for information on ongoing demonstrations

Mass gatherings (large-scale events)

Water activities

Always obey warning flags at beaches, lakes and rivers. The main warning flags used in Portugal are:

• Green: calm waters, swimming allowed
• Yellow: agitated waters, no swimming allowed
• Red: dangerous waters, it is forbidden to swim or enter the water
• Checkered blue and white or checkered black and white: life guard is temporarily off duty

The flags are there for your own safety. The Portuguese Maritime Police could fine you for disobeying a flag warning.

In marine areas, coral, jellyfish and other ocean life found along reefs can poison, sting or cause infection if touched or stepped on.

• Ask local authorities about the presence of such species and whether they are dangerous
• Immediately seek medical assistance if you get hurt

In the fall and winter months, be cautious when walking along beaches close to the water’s edge as waves can be unpredictable in size and may come onto shore further than expected.

• Don’t visit beaches or coastal areas during periods of severe weather warnings
• Look out for signs warning of cliff erosion and falling rocks
• Don’t dive into unknown waters, as hidden rocks or shallow depths can cause serious injury or death
• Exercise caution and follow the advice of the local authorities

Useful links

• Ports and beaches weather conditions – Portuguese Institute for the Sea and Atmosphere
• Water safety abroad

Road safety

Excessive speeds, tailgating, unpredictable driving habits and reckless motorcyclists pose hazards. Slow-moving machinery can also pose a hazard and you may come across them in both rural and national roads.

When walking around in the cities, be careful with the uneven and often slippery pavement “calçada”. Cross only at pedestrian cross walks. Always be alert and make sure vehicles have stopped before crossing.

Public transportation

Public transportation is generally safe.

When using taxis, particularly from the Lisbon Airport into the city, negotiate fares in advance, or insist that the driver use the meter, as you may be overcharged. Baggage fees and toll charges are added to the final bill.

Take note of the number or licence plate of the taxi in case you need to report unsatisfactory service, reckless driving or if you leave items behind by accident.

We do not make assessments on the compliance of foreign domestic airlines with international safety standards.

Information about foreign domestic airlines

Every country or territory decides who can enter or exit through its borders. The Government of Canada cannot intervene on your behalf if you do not meet your destination’s entry or exit requirements.

We have obtained the information on this page from the Portuguese authorities. It can, however, change at any time.

Verify this information with the  Foreign Representatives in Canada .

• Schengen area

Portugal is a Schengen area country. Canadian citizens do not need a visa for travel to countries within the Schengen area. However, visa-free travel only applies to stays of up to 90 days in any 180-day period. Stays are cumulative and include visits to any Schengen area country.

If you plan to stay in the Schengen area for a longer period of time, you will need a visa. You must contact the high commission or embassy of the country or countries you are travelling to and obtain the appropriate visa(s) prior to travel.

• Foreign Representatives in Canada

Entry requirements vary depending on the type of passport you use for travel.

Before you travel, check with your transportation company about passport requirements. Its rules on passport validity may be more stringent than the country’s entry rules.

Regular Canadian passport

Your passport must be valid for at least 3 months beyond the date you expect to leave the Schengen area.

Passport for official travel

Different entry rules may apply.

Official travel

Passport with “X” gender identifier

While the Government of Canada issues passports with an “X” gender identifier, it cannot guarantee your entry or transit through other countries. You might face entry restrictions in countries that do not recognize the “X” gender identifier. Before you leave, check with the closest foreign representative for your destination.

Other travel documents

Different entry rules may apply when travelling with a temporary passport or an emergency travel document. Before you leave, check with the closest foreign representative for your destination.

• Foreign Representatives in Canada
• Canadian passports

Automated e-passport gates

If you are 18 and over and travelling with a Canadian e-passport, you may use the automated e-passport gates for entry into Portugal.

Tourist visa: not required for stays up to 90 days* Business visa: not required for stays up 90 days* Work visa: required Student visa: required

* The 90-day period begins upon initial entry into any country of the Schengen area. Stays are cumulative and include visits to any Schengen area country within any 180-day period.

Registration

If you arrive in Portugal from a Schengen area country and you are staying in private accommodations, you must register your presence in the country within 3 business days of arrival. You can register at any immigration office or police station.

Other entry requirements

Customs officials may ask you to show them proof of a return ticket.

• Children and travel

Minors, under the age of 18, who are travelling alone or with adults other than their parents or legal guardian must carry an authorization letter from the parent or parents not travelling. The letter must indicate who will be taking care of the minor during their stay in Portugal, and specific dates of travel.

Travelling with children

Yellow fever

Learn about potential entry requirements related to yellow fever (vaccines section).

Relevant Travel Health Notices

• Global Measles Notice - 13 March, 2024
• COVID-19 and International Travel - 13 March, 2024

This section contains information on possible health risks and restrictions regularly found or ongoing in the destination. Follow this advice to lower your risk of becoming ill while travelling. Not all risks are listed below.

Consult a health care professional or visit a travel health clinic preferably 6 weeks before you travel to get personalized health advice and recommendations.

Routine vaccines

Be sure that your  routine vaccinations , as per your province or territory , are up-to-date before travelling, regardless of your destination.

Some of these vaccinations include measles-mumps-rubella (MMR), diphtheria, tetanus, pertussis, polio, varicella (chickenpox), influenza and others.

Pre-travel vaccines and medications

You may be at risk for preventable diseases while travelling in this destination. Talk to a travel health professional about which medications or vaccines may be right for you, based on your destination and itinerary. 

Yellow fever is a disease caused by a flavivirus from the bite of an infected mosquito.

Travellers get vaccinated either because it is required to enter a country or because it is recommended for their protection.

• There is no risk of yellow fever in this country.

Country Entry Requirement*

• Proof of vaccination is not required to enter this country.

Recommendation

• Vaccination is not recommended.

* It is important to note that country entry requirements may not reflect your risk of yellow fever at your destination. It is recommended that you contact the nearest diplomatic or consular office of the destination(s) you will be visiting to verify any additional entry requirements.

About Yellow Fever

Yellow Fever Vaccination Centres in Canada

Measles is a highly contagious viral disease. It can spread quickly from person to person by direct contact and through droplets in the air.

Anyone who is not protected against measles is at risk of being infected with it when travelling internationally.

Regardless of where you are going, talk to a health care professional before travelling to make sure you are fully protected against measles.

In this destination, rabies  may be present in some wildlife species, including bats. Rabies is a deadly disease that spreads to humans primarily through bites or scratches from an infected animal. 

If you are bitten or scratched by an animal while travelling, immediately wash the wound with soap and clean water and see a health care professional. 

Before travel, discuss rabies vaccination with a health care professional. It may be recommended for travellers who will be working directly with wildlife. 

  Hepatitis B is a risk in every destination. It is a viral liver disease that is easily transmitted from one person to another through exposure to blood and body fluids containing the hepatitis B virus.  Travellers who may be exposed to blood or other bodily fluids (e.g., through sexual contact, medical treatment, sharing needles, tattooing, acupuncture or occupational exposure) are at higher risk of getting hepatitis B.

Hepatitis B vaccination is recommended for all travellers. Prevent hepatitis B infection by practicing safe sex, only using new and sterile drug equipment, and only getting tattoos and piercings in settings that follow public health regulations and standards.

Coronavirus disease (COVID-19) is an infectious viral disease. It can spread from person to person by direct contact and through droplets in the air.

It is recommended that all eligible travellers complete a COVID-19 vaccine series along with any additional recommended doses in Canada before travelling. Evidence shows that vaccines are very effective at preventing severe illness, hospitalization and death from COVID-19. While vaccination provides better protection against serious illness, you may still be at risk of infection from the virus that causes COVID-19. Anyone who has not completed a vaccine series is at increased risk of being infected with the virus that causes COVID-19 and is at greater risk for severe disease when travelling internationally.

Before travelling, verify your destination’s COVID-19 vaccination entry/exit requirements. Regardless of where you are going, talk to a health care professional before travelling to make sure you are adequately protected against COVID-19.

 The best way to protect yourself from seasonal influenza (flu) is to get vaccinated every year. Get the flu shot at least 2 weeks before travelling.  

 The flu occurs worldwide. 

•  In the Northern Hemisphere, the flu season usually runs from November to   April.
•  In the Southern Hemisphere, the flu season usually runs between April and   October.
•  In the tropics, there is flu activity year round. 

The flu vaccine available in one hemisphere may only offer partial protection against the flu in the other hemisphere.

The flu virus spreads from person to person when they cough or sneeze or by touching objects and surfaces that have been contaminated with the virus. Clean your hands often and wear a mask if you have a fever or respiratory symptoms.

Safe food and water precautions

Many illnesses can be caused by eating food or drinking beverages contaminated by bacteria, parasites, toxins, or viruses, or by swimming or bathing in contaminated water.

• Learn more about food and water precautions to take to avoid getting sick by visiting our eat and drink safely abroad page. Remember: Boil it, cook it, peel it, or leave it!
• Avoid getting water into your eyes, mouth or nose when swimming or participating in activities in freshwater (streams, canals, lakes), particularly after flooding or heavy rain. Water may look clean but could still be polluted or contaminated.
• Avoid inhaling or swallowing water while bathing, showering, or swimming in pools or hot tubs. 

Insect bite prevention

Many diseases are spread by the bites of infected insects such as mosquitoes, ticks, fleas or flies. When travelling to areas where infected insects may be present:

• Use insect repellent (bug spray) on exposed skin
• Cover up with light-coloured, loose clothes made of tightly woven materials such as nylon or polyester
• Minimize exposure to insects
• Use mosquito netting when sleeping outdoors or in buildings that are not fully enclosed

To learn more about how you can reduce your risk of infection and disease caused by bites, both at home and abroad, visit our insect bite prevention page.

Find out what types of insects are present where you’re travelling, when they’re most active, and the symptoms of the diseases they spread.

Animal precautions

Some infections, such as rabies and influenza, can be shared between humans and animals. Certain types of activities may increase your chance of contact with animals, such as travelling in rural or forested areas, camping, hiking, and visiting wet markets (places where live animals are slaughtered and sold) or caves.

Travellers are cautioned to avoid contact with animals, including dogs, livestock (pigs, cows), monkeys, snakes, rodents, birds, and bats, and to avoid eating undercooked wild game.

Closely supervise children, as they are more likely to come in contact with animals.

Person-to-person infections

Stay home if you’re sick and practise proper cough and sneeze etiquette , which includes coughing or sneezing into a tissue or the bend of your arm, not your hand. Reduce your risk of colds, the flu and other illnesses by:

•   washing your hands often
• avoiding or limiting the amount of time spent in closed spaces, crowded places, or at large-scale events (concerts, sporting events, rallies)
• avoiding close physical contact with people who may be showing symptoms of illness 

Sexually transmitted infections (STIs) , HIV , and mpox are spread through blood and bodily fluids; use condoms, practise safe sex, and limit your number of sexual partners. Check with your local public health authority pre-travel to determine your eligibility for mpox vaccine.  

Medical services and facilities

Health care is very good. Services are available throughout the country but may be limited in rural areas. Many private hospitals and clinics require advance payment prior to treatment. Keep all receipts of payment to reclaim expenses from your travel insurance company.

Make sure you get travel insurance that includes coverage for medical evacuation and hospital stays.

Travel health and safety

Keep in Mind...

The decision to travel is the sole responsibility of the traveller. The traveller is also responsible for his or her own personal safety.

Be prepared. Do not expect medical services to be the same as in Canada. Pack a   travel health kit , especially if you will be travelling away from major city centres.

You must abide by local laws.

Learn about what you should do and how we can help if you are arrested or detained abroad .

Transfer to a Canadian prison

Canada and Portugal are signatories to the Convention on the Transfer of Sentenced Persons. This enables a Canadian imprisoned in Portugal to request a transfer to a Canadian prison to complete a sentence. The transfer requires the agreement of both Canadian and Portugal authorities.

This process can take a long time, and there is no guarantee that the transfer will be approved by either or both sides.

Identification

You must carry photo identification when in Portugal. To minimize the risk of your passport getting lost or stolen, carry a photocopy of your passport or other form of valid photo ID with you. Leave your passport in a safe location. If required, the police may escort you to retrieve your passport from safekeeping.

If you carry your passport as official ID, keep a photocopy or digital copy in a separate, safe place, should the original be lost or seized.

Penalties for possession, use or trafficking of illegal drugs are severe. Convicted offenders can expect fines, administrative sanctions or jail sentences.

Drugs, alcohol and travel

Dual citizenship

Dual citizenship is legally recognized in Portugal.

If you are a Canadian citizen, but also a citizen of Portugal, our ability to offer you consular services may be limited while you're there. You may also be subject to different entry/exit requirements .

Travellers with dual citizenship

International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty. It can help parents with the return of children who have been removed to or retained in certain countries in violation of custody rights. The convention applies between Canada and Portugal.

If your child was wrongfully taken to, or is being held in Portugal, and if the applicable conditions are met, you may apply for the return of your child to the Portuguese court.

If you are in this situation:

• act as quickly as you can
• contact the Central Authority for your province or territory of residence for information on starting an application under The Hague Convention
• consult a lawyer in Canada and in Portugal to explore all the legal options for the return of your child
• report the situation to the nearest Canadian government office abroad or to the Vulnerable Children's Consular Unit at Global Affairs Canada by calling the Emergency Watch and Response Centre

If your child was removed from a country other than Canada, consult a lawyer to determine if The Hague Convention applies.

Be aware that Canadian consular officials cannot interfere in private legal matters or in another country's judicial affairs.

• List of Canadian Central Authorities for the Hague Convention
• International Child Abductions: A guide for affected parents
• The Hague Convention – Hague Conference on Private International Law
• Canadian embassies and consulates by destination
• Request emergency assistance

You must be at least 18 years old to drive a car in Portugal.

You can drive using a Canadian driver’s licence for up to 185 days, as long as you are not a resident of Portugal.

Penalties for drinking and driving are severe. Convicted offenders can expect heavy fines, car seizure and a jail sentence.

In some areas, traffic radar registers violations and municipalities send tickets to the offender by mail. This includes out-of-country offenders. Fines for traffic violations are substantial. If you are stopped by a police officer, you must pay the fine on the spot or the vehicle may be impounded until the fine is paid.

The use of mobile telephones while driving is illegal, unless the phone is fitted with a hands-free device.

The use of a seatbelt is mandatory for the driver and all passengers in a car. Children up to 135 cm tall or under 12 years old must ride in appropriate car seats.

You must use low-beam headlights at all times.

If you are involved in an accident, you must not move the vehicle and you must immediately report the accident to the police.

In case of car trouble or an accident, you must immediately wear the reflective vest that should be found in all vehicles and set up and place the warning triangle up to 30 metres behind the vehicle. These items are mandatory in all vehicles.

Driving in Portugal - European Commission

The currency of Portugal is the euro (EUR).

If you are carrying €10,000 or more, or the equivalent in other currencies, you must make a declaration to customs when you enter or leave the European Union. It includes sums in:

• banknotes and coins
• bearer negotiable instruments such as cheques, travellers’ cheques, promissory notes and money orders
• bonds, shares
• gold coins with a gold content of at least 90 %
• gold bars, nuggets or clumps with a gold content of at least 99.5 %
• any other convertible asset

This does not apply if you are travelling within the European Union or in transit to a non-EU country.

EU cash controls - European Commission

High temperatures can create dry conditions, which can lead to large fires throughout continental Portugal. Fires can cause disruptions to communications and transportation networks. They can also cause road (including major highway) closures.

The air quality in areas near active fires may deteriorate due to heavy smoke and affect travellers with respiratory ailments.

Causing a forest fire is treated as a criminal offence, punishable by heavy fines or imprisonment.

In case of a major fire:

• stay away from affected areas, particularly if you suffer from respiratory ailments
• monitor local media for up-to-date information on the situation
• follow the advice of local authorities
• Wildfire risk - Portuguese Institute for the Sea and Atmosphere
• Protect yourself in case of wildfire - Portuguese Civil Protection (available in English)

Seasonal risks

Extreme weather changes result in heavy rain and wind storms in the fall and winter months. Rogue waves pose a hazard along the entire west coast.

Seismic activity

Portugal is located in an active seismic zone. While seismic activity is rare, it can be devastating.

Information about active events   - Portugal’s National Authority for Civil Protection (primarily in Portuguese)

Local services

Dial 112 for emergency assistance.

Consular assistance

Azores, Madeira

For emergency consular assistance, call the embassy of Canada in Lisbon and follow the instructions. At any time, you may also contact the Emergency Watch and Response Centre in Ottawa.

The decision to travel is your choice and you are responsible for your personal safety abroad. We take the safety and security of Canadians abroad very seriously and provide credible and timely information in our Travel Advice to enable you to make well-informed decisions regarding your travel abroad.

The content on this page is provided for information only. While we make every effort to give you correct information, it is provided on an "as is" basis without warranty of any kind, expressed or implied. The Government of Canada does not assume responsibility and will not be liable for any damages in connection to the information provided.

If you need consular assistance while abroad, we will make every effort to help you. However, there may be constraints that will limit the ability of the Government of Canada to provide services.

Learn more about consular services .

Risk Levels

  take normal security precautions.

Take similar precautions to those you would take in Canada.

  Exercise a high degree of caution

There are certain safety and security concerns or the situation could change quickly. Be very cautious at all times, monitor local media and follow the instructions of local authorities.

IMPORTANT: The two levels below are official Government of Canada Travel Advisories and are issued when the safety and security of Canadians travelling or living in the country or region may be at risk.

  Avoid non-essential travel

Your safety and security could be at risk. You should think about your need to travel to this country, territory or region based on family or business requirements, knowledge of or familiarity with the region, and other factors. If you are already there, think about whether you really need to be there. If you do not need to be there, you should think about leaving.

  Avoid all travel

You should not travel to this country, territory or region. Your personal safety and security are at great risk. If you are already there, you should think about leaving if it is safe to do so.

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Portugal travel rules: What are the latest restrictions for holidaymakers?

Here are the current entry rules for british tourists, article bookmarked.

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Portugal has long been a favouritte with British holidaymakers, thanks to sunny stretches and sandy beaches in the Algarve, excellent surf swells and exquisite city break destinations in the form of capital Lisbon and second city Porto.

For a time, it was wary of letting in tourists, requiring proof of vaccination for entry. However, it joined a number of European countries in scrapping Covid travel restrictions .

Here’s everything you need to know before you go.

Do I need proof of vaccination or a test to visit Portugal?

No. As of 1 July, Britons can visit the mainland and the island of Madeira without having to show proof of vaccination, test or quarantine, regardless of vaccination status.

The exception among Portuguese territories is the Azores - this autonomous region still requires all visitors over 11 to show either proof of vaccination or take a Covid test (a PCR within 72 hours or an antigen within 24).

Do I need to fill in a passenger locator form for Portugal?

No; a passenger locator form is no longer required for entry to mainland Portugal, Madeira and the Azores.

Do I need to wear a mask while on holiday in Portugal?

Most restrictive measures have been lifted, but you will still need to use a face covering in mainland Portugal:

• on entry to medical facilities, retirement and nursing homes
• on public transport and in taxis and privates hires, and

This requirement does not apply to children aged nine and under.

In Maderia, those aged six and over must wear a mask:

• on entry to pharmacies, medical facilities, retirement and nursing homes
• at bus stations, ferry terminals and inside the airport building

In the Azores, you must:

• use a face covering on entry to pharmacies, medical facilities, retirement and nursing homes, on public transport, in taxis and private hires and when travelling by air. This measure applies to everyone aged nine and over
• show a negative Covid-19 test on entry to medical facilities, retirement and nursing homes in the form of a PCR test taken in the previous 72 hours, or a rapid antigen test taken in the previous 48 hours and certified by a healthcare professional

Has Brexit changed the rules for visiting Portugal?

The rule changes that could trip you up on a visit to Portugal in 2022 are more likely to be Brexit-related than Covid-related. Since the UK left the European Union, there are new rules regarding length and frequency of visits to countries in the Schengen Area (including Portugal), as well as rules around passport stamps and validity.

To visit an EU country post-Brexit, your passport must be:

• issued less than 10 years before the date you enter the country (check the “date of issue”)
• valid for at least 3 months after the day you plan to leave (check the “expiry date”)

There is also now a time limit on how long and how often you can visit Portugal, visa free. The Foreign Office advises: “You can travel to countries in the Schengen area for up to 90 days in any 180-day period without a visa.

“To stay longer, to work or study, for business or for other reasons, you will need to meet the Portuguese government’s entry requirements.”

You must also have your passport stamped on arrival and on exit from the country. Make sure this takes place at passport control to avoid any confusion over how long you have been there.

You may also need to show a return or onward ticket to indicate when you are leaving Portugal, and could be asked to demonstrate that you have enough money to support yourself for the duration of your stay.

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Passport & Visa requirements Portugal

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Portugal Visa Requirements

British citizens do not need a visa to go in holiday in Portugal if spending less than 90 days there in any six-month period.

Passport Validity for Portugal Travel

Your passport should be valid for the entirety of your stay, for trips of up to three months in duration. Your passport must be less than 10 years old on the day you enter (check the ‘date of issue’), and valid for a least 3 months after the day you plan to leave (check the ‘expiry date’).

For further information, please check with the embassy.

Useful information

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• Travel Advice & Information
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Portugal in Context

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Things To Do In Portugal

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Portugal announces passport requirement warning for Brits as holidaymakers urged to keep boarding passes

Travellers are being advised to keep their travel documents handy when visiting the country

• 11:46, 24 MAY 2022
• Updated 21:01, 25 MAY 2022

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Portugal has announced an important passport requirement update for British holidaymakers planning to travel to the country this summer. Visitors from the UK arriving at airports including Lisbon, Porto, Faro and Funchal, were told earlier this month that they will be fast-tracked through check-ins, similar to EU citizens .

The move allowed Brits to use eGates to avoid passport control queues where visitors from many other non-EU countries have to wait in line to have their passports manually checked and stamped. It was widely welcomed as Portugal is one of the favourite holiday destinations for Brits.

They make up a large portion of the country's overseas visitors. Income generated by UK travellers represented the second largest contribution to Portugal's tourism revenue in the first few months of this year.

READ MORE: Spain, Greece, Turkey and Portugal update travel rules for Brits - latest entry requirements

The UK Government website has now updated its travel advice for holidaymakers. It follows a clarification of entry requirements from Portuguese border control.

The update relates to passport stamping and will clear up confusion among some British holidaymakers over how to use the eGates fast-track system. The latest guidance makes clear that the eGates for UK passport holders are "separate to the e-gates for EU/EEA/Swiss citizens".

It states: "On arrival or departure, check you are eligible to use the e-gates and that you are in the right queue. When using an e-gate, your entry/exit is recorded on the computer system.

"A border officer may also stamp your passport after you have passed through the e-gate, this is for airport operational reasons." The government is asking Brits to make sure that their passports are stamped by border officers - even if they use the eGate system.

"If you use a manned booth, check that your passport is stamped by the border officer when you enter or exit as a visitor," says the guidance. "Check your passport is stamped by the border officer when you enter and exit Portugal as a visitor.

"You can use the manned staffed immigration booths or, if you are aged 18 and over, the e-gates designated for UK and some other non-EU nationals. Hand your passport for stamping to the border officer after you have passed through the e-gate."

The travel update has been issued so that UK holiday makers understand the important role passport stamps and eGate records play in policing and enforcing its 90-day visa-free limit for short stays. The guidance states: "Border guards use passport stamps and e-gate records to check you’re complying with the 90-day visa-free limit for short stays in the Schengen area."

The Schengen Area, separate to the EU, is a group of 26 European countries, including Portugal, that agreed to abolish their internal borders to help with the free and unrestricted movement of people. The updated UK travel advice adds: "If relevant entry or exit stamps are not in your passport or visible to a border officer on the computer system, a border officer will may presume that you have overstayed your visa-free limit."

UK travellers are also being advised to keep their travel documents handy when visiting Portugal. The update continues: "If you are missing entry/exit stamps, you can show evidence of when and where you entered or exited the Schengen area and ask the border officer to add this date and location in your passport."

Examples of acceptable evidence include boarding passes and flight tickets, which officials may require you to show to prove you are in the country legally. Tourists are being advised to make sure their passports are stamped to avoid any confusion and inconvenience during their holiday.

Portugal recently announced that it British tourists would no longer have to fill out a passenger locator when entering the country. This entry requirement, however, is still in place for you're heading to Madeira or Porto Santo.

Other entry rules relating to Covid-19 remain in place for tourists travelling to Portugal. Brits who are fully vaccinated Brits can enter without having to take a Covid test.

Those who are either unvaccinated or partially vaccinated, however, will need to provide proof of a negative Covid test. This can be either a PCR test taken within 72 hours before travel, or a lateral flow test taken within 24 hours of your journey.

• Coronavirus
• Newcastle International Airport
• In The News
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• 15:31, 8 Jul 2024

If you're jetting off on a summer holiday abroad and still have an old red passport, it's crucial to check its expiry date before you fly due to strict entry requirements in other countries.

Many nations require your passport to be valid for an additional six months before you depart for international travel. This is known as the 'six-month validity rule', and many individuals still using old red passports from before Brexit may risk their documents not having enough remaining validity. VisaGuide.World states that there are 70 countries that adhere to the six-month passport rule, while another 41 implement the three-month passport validity rule - this means travellers can enter these countries if their passport is valid for at least three more months.

But these websites are not official sources so you should always check on the GOV.UK website - where you can see the rules for the country you're travelling to, and check whether your passport is valid for your upcoming trip . Simply search for your destination country and click on 'entry requirements'. However, bear in mind that you can only stay for a maximum of 90 days within a six-month period, reports Wales Online .

If you still have a red passport, which are no longer being issued post-Brexit, it's vital to check its expiry date. Post-Brexit, your passport must be less than 10 years old on the day of arrival in the EU , and its expiry date should be at least three months after your intended departure date from the EU.

While it's a common belief that adult passports have a 10-year validity, those issued before 1 October 2018 may have additional months added to their expiry date if the previous passport was renewed before its expiration. This is a change from when the UK was part of the European Union , where there were no restrictions on the length of stay.

According to VisaGuide.World, here are the countries with a six-month passport rule:

Afghanistan , Algeria, Anguilla, Bahrain, Bhutan, Botswana, British Virgin Islands, Brunei, Canada* Cambodia, Cameroon, Cayman Islands, Central African Republic, Chad, Comoros, Cote D'Ivoire, Curacao, Ecuador, Egypt, El Salvador, Equatorial Guinea, Fiji, Gabon, Guinea Bissau, Guyana. , Indonesia, Iran, Iraq, Israel , Jordan, Kenya, Kiribati, Laos, Madagascar, Malaysia, Marshall Islands, Micronesia, Myanmar , Namibia, Nicaragua, Nigeria, Oman, Palau, Papua New Guinea, Philippines, Qatar , Rwanda, Saint Lucia, Samoa, Saudi Arabia, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Taiwan, Tanzania, Thailand, Timor-Leste, Tokelau, Tonga, Tuvalu, Uganda, United Arab Emirates, Vanuatu, Venezuela, Vietnam, Yemen, Zimbabwe.

*Canada only has this requirement for people travelling from some countries - check with an embassy before travelling.

And the 41 countries that have a three-month passport rule:

Countries such as Albania, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Czechia, Estonia, Finland, France, Georgia, Germany, Greece , Honduras, Iceland, Italy, Kuwait, Latvia, Lebanon, Liechtenstein. , Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Nauru, Netherlands, New Zealand, North Macedonia, Norway, Panama, Poland, Portugal, Senegal, Slovakia, Slovenia, Spain, Sweden, and Switzerland all require a 3-month passport validity from your arrival date.

It's worth noting that Schengen countries require that you have a passport validity of 3 months from the date you intend to leave the EU. New Zealand, although not listed on VisaGuide.World, does have a three-month passport rule - it's always best to check GOV.UK for each country before travel.

There are also countries with other validity rules:

Bermuda requires a 45-day validity upon entry, Eritrea, Hong Kong, Lebanon, South Africa, The Maldives all require three months on arrival, while Macau, Micronesia, and Zambia require four months on arrival.

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Mum cries after missing family holiday to France due to this one passport rule

T here’s already enough things that can go wrong when you’re catching a flight – it could be overbooked or cancelled – so it’s a good idea to do your due diligence when it comes to your personal travel documents.

You don’t want to shoot yourself in the foot, so to speak.

We Brits, especially, need to be mindful of travel rules because Brexit has changed how we fly to other countries.

Since the UK has now left the  European Union , travelling to Europe and the Schengen Zone comes with some complications , as UK passport holders are now ’third-party nationals’.

This means that your passport now needs to be issued less than ten years before your arrival date to the destination.

One mum learned that lesson the hard way.

Hollie, who goes by  @hollieandthevan on TikTok, said she was turned away while trying to go to France on a family holiday.

Though her passport expired in April this year, she still had nine months left on her validity as she had renewed it nine months early in 2014.

This means her passport doesn’t officially expire until January 2025. However, Brexit rules have now changed things and our passport expiry has to be less than ten years old.

For Holly that means the nine months Holly had left are no longer valid. She will have to now get an emergency passport which can take a few days.

Now the issue date is just as important as the expiry date, meaning your passport needs to be less than ten years to the day you’re landing.

Before, you could travel with a passport that was out of date by up to nine months, (meaning you were able to use it for more than ten years).

Now, not only must your passport be less than ten years old, you also need to make sure it has at least three months remaining on its expiry.

Simply put, if you’re travelling to Spain on 5 August 2024, you need to make sure your passport was issued after 5 August 2014 and expires no earlier than 5 November 2024 (which is three months after August).

You can  check if your passport will be valid  on the government’s website.

Post-Brexit passport rules explained

What are the new passport renewal rules.

These rules apply to Brits travelling to all EU member states, except Ireland. They also apply to other countries in Europe’s Schengen area, such as Iceland, Norway, Switzerland, Liechtenstein, Andorra, and Monaco.

Now, your UK passport must:

• have been issued less than 10 years before the date you enter the EU country (the date of issue)
• be valid for at least three months after the day you plan to leave (the date of expiry)

How can I check if my passport is still valid?

Check the date of issue on your passport – is it issued within ten years of the day you land?

Add three months to the day you leave the country – does your passport expire after that?

If the answer to the questions above is ‘yes’ then you don’t need to worry. But if it is ‘no’ then you’ll need to either apply for a passport renewal or get an emergency travel document (especially if your travel date is soon, or you get turned away at the airport).

How much is passport renewal in 2024?

You will need to renew your passport though the  HM Passport Office , which allows you to renew it through the post or online.

You can use the online service to renew your passport at a cost of £88.50. You’ll need: a  digital photo ; a credit or debit card; and your old passport including passports to other countries.

You can get a paper application form by either going to a Post Office that has a  Check and Send service , or calling the  Passport Adviceline . This costs £100.

To renew your child’s passport, it’s slightly cheaper. Online, the service costs £57.50 – you’ll need a digital photo of your child, their old passport, any valid passports from other countries, and any court orders relating to your child.

You can also renew their passport by post, in the same way you would for an adult, which costs £69.

You can pay by either a debit or credit card – fill in the form in the application pack, or send a cheque made payable to ‘HM Passport Office’

You’ll need two new and identical printed photos of yourself.

It’s not just travel rules you have to be mindful of – there are also Visa rules you definitely need to look up.

UK travellers to U.S don’t need a Visa if they’re staying less than 90 days but require a Visa Waiver called an ESTA.

Another woman also had a hard lesson to learn when she arrived at the airport in London trying to head to New York.

Endometriosis campaigner Meg, @theendospectrum, who was flying to the U.S for work for three days didn’t realise she needed her ESTA.

Stuck at the airport where she applied for the waiver online, Meg said she was continually refreshing her email to see if it had come through.

Luckily for her, the ESTA did come through in time and she was able to board her flight on time.

Don’t leave it to chance though and definitely do your research and have all your papers in order.

You can get the Visa Waiver through the U.S government website.

Do you have a story to share?

Get in touch by emailing [email protected] .

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How some young Canadians are saving money by embracing the digital nomad lifestyle

Lower cost of living, chance to travel the world can be appealing to remote workers.

Social Sharing

Sitting in a bright, plant-filled coffee shop in the town of Písac, Peru — natural light filtering in from a skylight above — Grayson Allen explains that he's always wanted to work abroad.

The 30-year-old content creator from Vancouver is a self-described digital nomad, a term for people who perform their jobs remotely from anywhere in the world.

For the last two and a half years, he has worked remotely in the U.K., Colombia, Ecuador, Mexico and, most recently, Peru — first for a Canadian company and now for himself.

"It seems like the dream, you know? You get to kind of save money, it's [a] cheaper cost of living, you get to travel on the weekends still," Allen told CBC News via Zoom.

"The country's happy because you're spending money there. Canada's still happy because you're paying taxes even though you're not using any of the services there."

Faced with the high cost of living at home, some travellers are turning to digital nomadism to save money — and countries from Portugal to Japan to Barbados have made this arrangement easier by introducing digital nomad visas intended for hybrid work and travel (Canada has also announced its own digital nomad strategy ).

Since he started "nomading" on temporary visas, Allen said he's repaid most of the student loans he incurred from a master's degree in the U.K. and at one point was saving two-thirds of his paycheque while working remotely.

"A lot of people I know in Vancouver, they're just surviving," he said. "My angle is kind of more like, well, if I do want to live in Vancouver in the future, I better make some good money."

Canadians likely in the U.S., Mexico, says researcher

Digital nomadism exploded in popularity when the COVID-19 pandemic led to a dramatic increase in people working remotely. One study found that 40 million people worldwide identify as digital nomads , most of them from the United States, where a report found that 17.3 per cent of American workers see themselves as digital nomads.

"There's quite a lot of talk about digital nomad visas at the moment, and they're all quite confusing, they're all quite different. But none of those existed before the pandemic," said David Cook, an anthropologist at University College London who researches digital nomads.

Long before the pandemic normalized the arrangement and countries and workplaces started implementing these programs formally, the cost of living was a major consideration for digital nomads, he said.

• Canada wants to woo 'digital nomads.' Can we compete?
• Canada to launch 'digital nomad strategy,' other measures to woo international talent

"Digital nomads are quite a broad group. Not all are very high net-worth individuals who are earning lots of money. Some are, but not everyone is," Cook said.

The combination of remote work and travel has led to growing concerns in some hot spots in Latin America, Europe and Southeast Asia that digital nomads and other tourists are pushing locals out of affordable housing  and driving up prices.

Cook said Canadian digital nomads are more likely to be hunkering down in the U.S. or Mexico than in Southeast Asian or East Asian countries, for example, because the similar time zones make remote work more seamless.

COVID restrictions boosted phenomenon

But it remains unclear how many Canadians have adopted this lifestyle. More than 11 per cent of the Canadian population is currently living abroad, according to  an April 2024 report from the McGill Institute for the Study of Canada, based at McGill University in Montreal.

It's hard to know how many of those are digital nomads who are working remotely for a Canadian company, said Sen. Yuen Pau Woo, who commissioned the McGill report to shed light on Canada's large diaspora.

• Digital nomads want to work from anywhere. Some worry that's creating problems for local communities

"My hunch is that they would constitute a very small proportion of the 4.3 million or more Canadians living overseas," Woo told CBC News. "They will also be a relatively newer phenomenon, given that the ability to work remotely, broadly speaking, is fairly recent [and] obviously amplified by COVID restrictions."

The federal government doesn't directly track Canadians leaving the country, a spokesperson for Immigration, Refugees and Citizenship Canada confirmed in an email to CBC News. Most of the data available is from what Woo refers to as "indirect sources."

Mexico City struggles with wave of remote workers

CBC News reached out to embassies and programs in the Bahamas, Brazil, Costa Rica, Ecuador, Mexico, Croatia, Greece, Hungary, Italy, Spain, Portugal, South Korea, Turkey, the United Arab Emirates and Seychelles.

There were few responses, but Costa Rica's tourism board said seven Canadians were approved for the country's digital nomad visa between Jan. 1 and April 30 this year.

A spokesperson for the Canadian Embassy in Portugal said it is "aware of a growing number of Canadian visa holders in Portugal, particularly among digital nomads in Lisbon over the past two years, although we lack specific quantitative data to contribute."

• Emigration from Canada to the U.S. hits a 10-year high as tens of thousands head south

Iolanda Andrade, an immigration lawyer based in Lisbon, counts about 10 to 15 Canadians among her clients — all of whom are digital nomads entering Portugal either using the designated nomad visa or a passive income visa called the D7.

While it depends on the country issuing them, digital nomad visas have certain restrictions that limit their accessibility, including a minimum income requirement. In Portugal, applicants to the digital nomad visa need to be earning at least four times the country's minimum wage.

"Normally it's very easy for a Canadian resident or citizen to have the requirements that this type of visa asks for," Andrade said.

Housing costs in Canada a factor in going abroad

As for whether it's a concern that Canadians might be leaving on digital nomad visas because of cost-of-living issues, Woo said he doesn't think the phenomenon should be overstated — least of all because it remains unknown how many Canadians are using these visas abroad.

"The fact that they continue to maintain ties with Canada through work says something about their attachment to the country," he said.

Some Canadians feel differently. Azra Kassam, a 34-year-old digital content manager, arrived in Calgary from Kenya when she was young and spent most of her adult life in Toronto.

Kassam used a digital nomad visa in Croatia last year, went back to visit recently and plans to use the visa again when she returns in September.

Originally, cost wasn't a factor in her decision to apply for the visa. But when housing prices started to skyrocket, it became a more important consideration.

"I think there's a lot of that sentiment going around right now ... you know, the country was supposed to take care of me and they haven't. And it's making me want to go find a new life somewhere else, which is pretty sad," Kassam told CBC News.

• First Person What this digital nomad learned during the COVID-19 lockdown
• Where can you afford to rent in Canada?

She estimates that she's saving about $1,000 a month working remotely in Croatia for her Toronto-based company. She's   established a WhatsApp community for digital nomads and expats in Croatia that now has 500 members, including some Canadians.

"I don't plan on really living in Canada any time soon," Kassam said.

"If I could spend $2,200 on a one bedroom in Toronto or if I could spend $2,200 and that gives me flights, a place to live, groceries, fun things to do — why would I not choose the second one?"

ABOUT THE AUTHOR

Jenna Benchetrit is a senior writer with the business content unit at CBC News. She has also covered entertainment and education stories. A Montrealer based in Toronto, Jenna holds a master's degree in journalism from Toronto Metropolitan University. You can reach her at [email protected].

With files from Shawn Benjamin

Related Stories

• Canadian immigration policy luring tech workers should be a warning to U.S., lawyers say

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• Entering and staying in the UK
• Rights of foreign nationals in the UK
• Rights of nationals from outside the EU and EEA
• Right to work checks: an employer's guide
• Immigration Enforcement
• UK Visas and Immigration

Employer's guide to right to work checks: 21 June 2024 (accessible version)

Updated 2 July 2024

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/employers-guide-to-right-to-work-checks-21-june-2024-accessible-version

21 June 2024

About this guidance

This guidance advises an employer how to conduct a right to work check and sets out the specific actions you can take to prevent liability for a civil penalty. This is called ‘establishing a statutory excuse against liability for a penalty’.

This guidance applies to right to work checks conducted on or after 13 June 2024 to establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question.

Previous versions of this guidance

Where the employment commenced on or after 29 February 2008, and a statutory excuse was established for the duration of that person’s employment before 16 May 2014, the document checks set out in the ‘Full guide for employers on preventing illegal working in the UK’ published in October 2013 continue to apply.

Where the employment commenced on or after 16 May 2014, and a statutory excuse was established for the duration of that person’s employment before 28 January 2019, the document checks set out in the ‘Employer’s guide to right to work check’ , last published on 29 June 2018, continue to apply.

For example, since 16 May 2014, for those people in the UK who require permission to work and reside, an immigration endorsement must be in a current passport to demonstrate a right to work. However, if you conducted a check between 29 February 2008 and 15 May 2014 and accepted an immigration endorsement in a passport that had expired or has since expired, your statutory excuse continues because this was an acceptable document at the time you conducted the check. You are only required to conduct follow up checks on an employee if their right to work is time-limited.

Since 28 January 2019, employers have been able to rely on the Home Office online service, ‘Check a job applicant’s right to work: use their share code’ to establish a statutory excuse.

Where the employment commenced on or after 28 January 2019, and a statutory excuse was established for the duration of that person’s employment before 1 January 2021, the document checks set out in the ‘Employer’s guide to right to work checks’ , last published on 28 January 2019, continue to apply.

Where the employment of an EEA citizen or non-EEA family member commenced on or after 1 January 2021, and a statutory excuse was established for the duration of that person’s employment before 1 July 2021, the document checks set out in the ‘Employer’s guide to right to work checks’ , last updated on 17 March 2021, continue to apply.

Applicants to the EU Settlement Scheme (EUSS) have their rights protected whilst their application is determined. Where the employment of an EEA citizen or non-EEA family member commenced on or after 1 July 2021, and a statutory excuse was established for the duration of that person’s employment before 31 August 2021, the document checks set out in ‘An employer’s guide to right to work checks’ continue to apply. Where the employment of an EEA citizen or non-EEA family member commenced on or after 31 August 2021, and a statutory excuse was established for the duration of that person’s employment, the document checks set out in the relevant employer’s guide at the time of the check continue to apply (guidance: 31 August 2021 , 17 January 2022 or 6 April 2022 ).

On 6 April 2022, changes came into force regarding the use of biometric cards. Holders can no longer use their physical card as evidence of a right to work, and are now required to use the Home Office online service. Changes also enabled employers to use Identity Document Validation Technology (IDVT) via the services of an Identity Service Provider (IDSP) to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards). Therefore, where employment commenced on or after 6 April 2022, and a statutory excuse was established for the duration of that person’s employment before 26 January 2023, the document checks set out in the ‘Employer’s guide to right to work checks’ , updated on 6 April 2022, continue to apply

On 26 January 2023, changes were made to enable some individuals with an outstanding, in-time application for permission to stay in the UK, or an appeal, or administrative review (3C leave) to prove their right to work using the Home Office online checking service. Therefore, where employment commenced on or after 26 January 2023, and a statutory excuse was established for the duration of that person’s employment before 17 October 2023, the document checks set out in the ‘ Employer’s guide to right to work checks ’, updated on 28 February 2023, continue to apply.

On 9 August 2023, changes were made to the EU Settlement Scheme (EUSS) to tackle spurious applications and prevent abuse of the EUSS Certificate of Application (CoA). For a late application to the EUSS made from 9 August 2023 to be valid and a CoA issued, the applicant needs to show the Home Office there are reasonable grounds for their delay in making their application.

On 18 October 2023, changes reflected that employers are no longer required to verify a digital Certificate of Application (CoA) with the Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EUSS application made on or after 1 July 2021. Therefore, where the employment of an EEA citizen or non-EEA family member commenced on or after 17 October 2023, and a statutory excuse was established for the duration of that person’s employment before 13 February 2024, the document checks set out in the ‘Employer’s guide to right to work checks’, last updated on 18 October 2023, continue to apply.

On 13 February 2024 changes came into force to reflect that the civil penalty for employers, which was last increased in 2014, will be raised up to £45,000 per illegal worker for a first breach from £15,000, and up to £60,000 for repeat breaches from £20,000.

Summary of changes in this issue of the guidance

This guidance was last updated on 21 June 2024.

The most significant updates contained in this guidance relate to:

Right to work checks involving EEA citizens and their non-EEA family members with presettled status under the EUSS.

Clarification on the role of the Department for Science and Innovation Technology (DSIT), within the accreditation process of IDSPs and holding a certificate against a current version of the UK Digital Identity and Attributes Trust Framework (UKDIATF).

Clarification on follow-up checks involving holders of short-dated Biometric Residence Permits (BRPs) and the Home Office transition to online evidence of immigration status (eVisa).

Application Registration Card (ARC) holders granted permission to work in jobs on the Shortage Occupation List or Immigration Salary List. In addition, clarification on follow-up checks of this cohort via the Home Office Employer Checking Service (ECS).

Clarification that List A, item 6 of the acceptable documents list also includes consular birth certificates.

1. Introduction

All employers in the UK have a responsibility to prevent illegal working. You do this by conducting simple right to work checks before you employ someone, to make sure the individual is not disqualified from carrying out the work in question by reason of their immigration status.

This guidance provides information on how and when to conduct a right to work check. You should also refer to the following documents:

Code of practice on preventing illegal working: Civil penalty scheme for employer

Code of practice for employers: avoiding unlawful discrimination while preventing illegal working

If you conduct the checks as set out in this guide and the code of practice, you will have a statutory excuse against liability for a civil penalty in the event you are found to have employed someone, who is disqualified from carrying out the work in question, by reason of their immigration status. This means that if we find that you have employed someone who does not have the right to do the work in question, but you have correctly conducted right to work checks as required, you will not receive a civil penalty for the illegal worker in question.

In addition to the codes of practice and this guidance, there are a range of tools available on GOV.UK to support you in conducting right to work checks.

Why do we need to prevent illegal working?

The ability to work illegally is a driver of illegal migration. It leaves people vulnerable to exploitation and results in unscrupulous employers undercutting compliant businesses. It can also negatively impact on the wages of lawful workers and is linked to other labour market abuse such as tax evasion, breach of the national minimum wage and exploitative working conditions, including modern slavery in the most serious cases.

Legislation

The law on preventing illegal working is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act), section 24B of the Immigration Act 1971 , and Schedule 6 of the Immigration Act 2016 .

The 2006 Act replaced section 8 of the Asylum and Immigration Act 1996 (the 1996 Act) in respect of employment commencing on or after 29 February 2008.

Under section 15 of the 2006 Act, an employer may be liable for a civil penalty if they employ someone who does not have the right to undertake the work in question if that person commenced employment on or after 29 February 2008.

Who is this guidance relevant for?

Employers, including their Human Resource staff and those staff within the same business with delegated responsibility for the recruitment and employment of individuals, should read this guidance to understand their responsibility to correctly carry out right to work checks, and, therefore, ensure compliance with the law.

This guidance applies to employers who employ staff under a contract of employment, service or apprenticeship, whether express or implied and whether oral or in writing.

As the employer, you (and not the members of your staff carrying out the checks, whether they are your employees or workers engaged by your business) are liable for the civil penalty. Where you have used an Identity Service Provider (IDSP) to carry out digital identity checks on British and Irish citizens who hold a valid passport (including Irish passport cards), you will retain obligations set out in this guidance to ensure compliance under the Scheme. If you choose to use an IDSP, you (rather than the IDSP) are still liable for the civil penalty should the employee later be found to be working without the requisite permission and it is reasonably apparent the check has not been completed correctly. Other than where you use an IDSP for checks on British and Irish citizens who hold a valid passport (including Irish passport cards), you cannot establish a statutory excuse if the check is performed by a third party, such as a recruitment agency or your professional adviser.

Even if you are not the direct employer of the workers involved in your business, there are compelling reasons why you should seek to know that your workers have a right to work. If illegal workers are removed from your business, it may disrupt your operations and result in reputational damage. There could be adverse impacts on your health and safety and safeguarding obligations, as well as the potential invalidation of your insurance if the identity, qualifications, and skill levels of your workers are not as claimed. Accordingly, you may wish to check that your contractors conduct the correct right to work checks on people they employ.

References in this guidance

‘3C leave’ (Section 3C of the Immigration Act 1971) extends existing immigration permission, and any associated conditions, to a person who makes an ‘in-time’ application to extend their stay in the UK. ‘In-time’ means the application was made before the existing permission expired. The individual will continue to hold 3C leave while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.

‘Breach’ means that section 15 of the Immigration, Asylum and Nationality Act 2006 has been contravened by employing someone who is subject to immigration control; and

aged over 16; and

not allowed to carry out the work in question because either they have not been granted immigration permission or because their permission:

(i) is invalid;

(ii) has ceased to have effect (meaning it no longer applies) whether by reason of curtailment, revocation, cancellation, passage of time or otherwise; or

(iii) is subject to a condition preventing them from accepting the employment.

‘Certificate of Application’ (CoA) is a digital, or ’non-digital’, document which individuals can rely on to demonstrate their eligibility to work, rent, and access to benefits and services. This document is issued when a valid application is made to the EU Settlement Scheme.

‘Civil Penalty Notice’ means a notice given under section 15(2) of the Immigration, Asylum and Nationality Act 2006 that requires an employer to pay a penalty of a specified amount.

‘Current document’ means a document that has not expired.

‘Document’ means an original document unless specified that a copy, electronic or screenshot is acceptable.

‘EEA’ means citizens of EEA countries or Switzerland.

The EEA countries are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

‘EUSS’ means the EU Settlement Scheme. The EUSS provides a basis for European Economic Area (EEA) and Swiss citizens resident in the UK by 31 December 2020 and their eligible family members, to apply for the UK immigration status which they require to remain here.

‘eVisa’ refers to a digital visa provided by the Home Office as evidence of a person’s immigration status (permission to enter or stay in the UK).

‘Home Office Employer Checking Service’ refers to the enquiry and advice service operated by the Home Office that employers are required to contact in certain circumstances to check whether a person is allowed to work in the UK and, if so, the nature of any restrictions on that person’s right to do so.

‘Home Office online right to work checking service’ means the online system allowing employers to check whether a person is allowed to work in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so. This system is accessible for employers on the ‘Check a job applicant’s right to work use their share code’ page on GOV.UK. No other online portal relating to immigration status may be used instead for right to work checking purposes.

‘Identity Document Validation Technology’ (IDVT) are forms of technology operated for the purpose of verifying the identity of a person, whereby a digital copy of a physical document relating to that person is produced for verification of the document’s validity, and whether that person is the rightful holder of the document.

An identity service provider (IDSP) is a provider of identity verification services using IDVT. In the context of this guidance, an IDSP may be certified to provide identity verification to specific levels of confidence, specified by government standards. IDSPs are sometimes referred to as ‘identity providers’.

‘Immigration permission’ (also known as ‘leave’) should be read as ‘Permission to Enter / Leave to Enter or Permission to Stay / Leave to Remain.

A ‘Joining Family Member’ is an individual of any nationality (including EEA) who was not themselves resident in the UK by 31 December 2020, but is joining an EEA national or relevant sponsor in the UK who either holds EUSS status or, in limited circumstances, would be eligible for EUSS status if they applied.

‘Leave to Enter’ or ‘Leave to Remain’ see ‘Permission to Enter’ and ‘Permission to Stay’

‘Level of Confidence’ (LoC) is determined through a process required of IDSPs called ‘identity checking’ which is made up of 5 parts. Each step of the identity checking process is scored, and these scores are used to determine the Level of Confidence which has been achieved.

‘Negative Verification Notice’ (NVN) is a negative confirmation that a person does not have the right to work from the Employer Checking Service. If an employer receives an NVN, but continues to employ this person, the employer will not have a statutory excuse and may be liable for a civil penalty or be committing a criminal offence.

‘Non-EEA citizens’ means the citizens of countries outside the EEA.

An ‘online right to work check’ means the response generated by the Home Office online right to work checking service in relation to a person.

‘Permission to Enter’ also known as ‘Leave to Enter’. Immigration documents and guidance may refer to either term, both are appropriate. This means that a person has permission from the Home Office to enter the UK.

‘Permission to Stay’ also known as ‘Leave to Remain’. Immigration documents and guidance may refer to either term, both are acceptable. This means that a person has permission from the Home Office to be in the UK.

‘Positive Verification Notice’ (PVN) is a positive confirmation of a person’s right to work from the Employer Checking Service. This will provide the employer with a statutory excuse for six months from the date specified in the Notice.

‘Pre-settled status (PSS)’ means limited leave to enter or remain issued under the EU Settlement Scheme. Pre-settled status is initially given for five years and will be extended unless the person no longer meets the requirements for it.

‘Right to work’ means allowed to be employed by virtue of qualifying immigration status.

‘Right to work checks’ refer to prescribed manual document checks, prescribed Home Office online right to work checks and prescribed use of an Identity Service Provider (IDSP).

‘Settled status’ means indefinite leave to enter or remain issued under the EU Settlement Scheme. The person will usually have lived in the UK for a continuous five-year period and not have left the UK for more than five years in a row since then. A person with settled status can stay in the UK indefinitely.

‘Statutory excuse’ “refers to an employer’s defence against liability for a civil penalty, which can be obtained where the prescribed right to work checks have been carried out.

‘Valid application’ means individuals who comply with the validation requirements of an application process, including the enrolment of biometrics, if required, and the provision of evidence of nationality and identity.

‘Check a job applicant’s right to work: use their share code’ means the Home Office online checking service on GOV.UK which enables employers to check whether a person has a right to work and, if so, the nature of any restrictions on that person’s right to do so.

‘We’ or ‘us’ in this guidance mean the Home Office.

‘You’ and ‘your’ in the guidance mean the employer.

2. How to establish a statutory excuse for right to work checks

You must conduct a right to work check before you employ a person to ensure they are legally allowed to do the work in question for you. If an individual’s right to work is time-limited, you should conduct a follow-up check shortly before it is due to come to an end.

A statutory excuse is an employer’s defence against a civil penalty. In order to establish a statutory excuse against a civil penalty in the event that an employee is found to be working illegally, employers must do one of the following before the employee commences employment:

a manual right to work check (all)

a right to work check using IDVT via the services of an IDSP (British and Irish citizens only)

a Home Office online right to work check (non-British and non-Irish citizens)

Conducting any of these checks as set out in this guidance and in the code of practice will provide you with a statutory excuse.

You can also use the Employer Checking Service where an individual has an outstanding application, administrative review or appeal and their digital profile is not yet enabled to evidence this, or if their immigration status requires verification by the Home Office, for example in the case of Crown Dependencies.

Conducting a manual document-based right to work check

There are three steps to conducting a manual document-based right to work check. You need to complete all three steps before employment commences to ensure you have conducted a check in the prescribed manner, in order to establish a statutory excuse.

Step 1: Obtain

You must obtain original documents from either List A or B of the acceptable documents at Annex A.

Step 2: Check

You must check that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering. You must check that:

• photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation;
• expiry dates for permission to be in the UK have not passed;
• any work restrictions to determine if they are allowed to do the type of work on offer (for students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed);
• the documents are genuine, have not been tampered with and belong to the holder; and
• the reasons for any difference in names across documents can be explained by providing evidence (for example, original marriage certificate, divorce decree absolute, deed poll). These supporting documents must also be photocopied and a copy retained.

Step 3: Copy

You must make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You must also retain a secure record of the date on which you made the check. Further information can be found under ‘Retaining Evidence’ below.

You must copy and retain copies of:

Passports: any page with the document expiry date, the holder’s nationality, date of birth, signature, immigration permission, expiry date, biometric details, photograph and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question (the front cover no longer has to be copied).

All other documents: the document in full, including both sides of an Immigration Status Document and an Application Registration Card.

All copies of documents taken should be kept securely for the duration of the worker’s employment and for two years afterwards. The copy must then be securely destroyed.

We recommend you use our:

employers’ ‘ Right to Work Checklist ’ to ensure you have correctly carried out all the steps you need to; or

online interactive tool ‘ Check if someone can work in the UK ’, which will take you through the process by asking you a series of questions.

Both will help you to confirm that you have undertaken each step correctly to establish your statutory excuse.

Acceptable documents

The documents you may accept from a person to demonstrate their right to work are set out in two lists – List A and List B as set out in Annex A of this guidance.

List A contains the range of documents you may accept for a person who has a continuous right to work in the UK (including British and Irish citizens). If you conduct the right to work checks correctly before employment begins, you will establish a continuous statutory excuse for the duration of that person’s employment with you. You do not have to conduct any follow-up checks on this individual.

List B contains a range of documents you may accept for a person who has a temporary right to work in the UK. If you conduct the right to work checks correctly, you will establish a time-limited statutory excuse. You will be required to conduct a follow-up check in order to retain your statutory excuse.

Checking the validity of documents

When you are checking the validity of the documents, you should ensure that you do this in the presence of the holder. This can be a physical presence in person or via a live video link. In both cases you must be in physical possession of the original documents. For example, an individual may choose to send their documents to you by post to enable you to conduct the check with them via live video link. You may not rely on the inspection of the document via a live video link or by checking a faxed or scanned copy of the document.

The responsibility for checking the document is yours. Whilst it may be delegated to your members of staff (this includes agency workers engaged by you and working under your control), you will remain liable for the penalty in the event the individual is found to be working illegally and the prescribed check has not been correctly carried out. You may not delegate this responsibility to a third party where you are carrying out a manual check of original documents.

Whilst you may use a third party to provide support in terms of technical knowledge or specialised equipment to prevent the employment of illegal workers, the responsibility for performing the check (in order to obtain a statutory excuse from a civil penalty) will remain with you as the employer.

If you are given a false document, you will only be liable for a civil penalty if it is reasonably apparent that it is false. This means that a person who is untrained in the identification of false documents, examining it carefully, but without the use of technological aids could reasonably be expected to realise that the document in question is not genuine.

You will not obtain a statutory excuse if:

it is reasonably apparent that the person presenting the document is not the person referred to in that document, even if the document itself is genuine.

you know that the individual is not permitted to undertake the work in question.

you know that the documents are false or do not rightfully belong to the holder.

You may wish to read the online guidance about recognising fraudulent identity documents. Guidance on examining identity documents can be found on GOV.UK. You can also compare identity and travel documents against the images published on:

PRADO - Public Register of Authentic travel and Identity Documents Online

These are archives of identity and travel documents.

If you wish to access Home Office online training on document fraud, please contact the Immigration Enforcement Checking & Advice Service training team at: [email protected]

If someone gives you a false document or a genuine document that does not belong to them, you should use this link to report the individual to us or call our Employer Enquiry helpline on 0300 790 6268 (Monday to Thursday, 9am to 4:45pm; Friday 9am to 4:30pm).

Retaining evidence

You must keep a record of every document you have checked. This can be a hardcopy or a scanned copy in a format which cannot be manually altered, such as a jpeg or pdf document. You should keep the copies securely for the duration of the person’s employment and for a further two years after they stop working for you. The file must then be securely destroyed.

You should also be able to produce these document copies quickly in the event that you are requested to show them to demonstrate that you have performed a right to work check and retain a statutory excuse.

You must also make a note of the date on which you conducted the check. This can be by either making a dated declaration on the copy or by holding a separate record, securely, which can be shown to us upon request. This date may be written on the document copy as follows: ‘the date on which this right to work check was made: [insert date]’ or a manual or digital record may be made at the time you conduct and copy the documents which includes this information. You must be able to show this evidence if requested to do so in order to demonstrate that you have established a statutory excuse. You must repeat this process in respect of any follow up check.

You may face a civil penalty if you do not record the date on which the check was performed. Simply writing a date on the copy document does not, in itself, confirm that this is the actual date when the check was undertaken. If you write a date on the copy document, you must also record that this is the date on which you conducted the check.

COVID-19 temporary adjusted checks

The temporary adjustments to right to work checks, introduced on 30 March 2020, ended on 30 September 2022.

Since 1 October 2022, employers must carry out one of the prescribed checks as set out in this guidance before employment begins.

You do not need to carry out retrospective checks on employees who had a COVID-19 adjusted check between 30 March 2020 and 30 September 2022 (inclusive). You will maintain a statutory excuse against liability for a civil penalty if the check undertaken during this period was done in the prescribed standard manner or as set out in the COVID-19 adjusted checks guidance . However, any individual identified with no lawful immigration status in the UK may be liable to immigration enforcement action.

Using an Identity Service Provider (IDSP)

Since 6 April 2022, employers have been able to use IDVT via the services of an IDSP to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards).

Digital identity verification conducted by IDSPs is the process of obtaining evidence of the prospective employee’s identity, checking that it is valid and belongs to the person who is claiming it.

If you use the services of an IDSP for digital identity verification, holders of valid British or Irish passports (or Irish passport cards) can demonstrate their right to work using this method. This will provide you with a continuous statutory excuse. It is your responsibility to obtain evidence of the IDVT check from the IDSP. You will only have a statutory excuse if you reasonably believe that the IDSP has carried out their checks in accordance with this guidance.

You must not treat those who do not hold a valid passport, or do not wish to prove their identity using an IDSP less favourably. You must provide individuals with other ways to prove their right to work and should carry out a manual document-based right to work check in these circumstances.

Prior to the 6 April 2022 changes to right to work checks, employers were already able to use IDSPs to enhance their pre-employment checking processes and minimise the risk of fraud. The Home Office previously published guidance on the use of IDVT for this purpose. You may, therefore, find IDSPs who offer their services in relation to supporting manual checks of physical documents, or checks via the Home Office online right to work checking service.

However, other than where you use an IDSP expressly for right to work checks of British or Irish citizens with a valid passport (or Irish passport card), it is not possible to establish a statutory excuse against liability for a civil penalty if the manual document-based check, or online service right to work check, is performed by an IDSP.

For a detailed guide on how to complete a right to work check using an IDSP, please refer to Annex C of this guidance.

Basic steps to conducting a RTW check using an IDSP:

IDSPs can carry out digital identity verification to a range of standards or levels of confidence. The Home Office recommends that employers only accept checks via an IDSP that satisfy a minimum of a Medium Level of Confidence. A list of certified providers is available for you to choose from on GOV.UK: Digital identity certification for right to work, right to rent and criminal record checks . It is not mandatory for you to use a certified provider: you may use a provider not featured within this list if you are satisfied that they are able to provide the required checks.

Satisfy yourself that the photograph and biographic details (for example, date of birth) on the output from the IDVT check are consistent with the individual presenting themselves for work (i.e., the information provided by the check relates to the individual and they are not an imposter). This can be done in person or by video call.

You must retain a clear copy of the IDVT identity check output for the duration of employment and for two years after the employment has come to an end.

Should you be found to be employing individuals without their identity and eligibility being verified correctly in the prescribed manner, you will not have a statutory excuse in the event the individual is found to be working illegally by reason of their immigration status. The employer remains liable for any civil penalty if there is no statutory excuse.

Conducting a Home Office online right to work check

A Home Office online right to work check will provide you with a statutory excuse against a civil penalty in the event of illegal working involving the subject of the check. You can do an online check by using the online service, entitled ‘Check a job applicant’s right to work: use their share code’ on GOV.UK.

It will not be possible to conduct a Home Office online right to work check in all circumstances, as not all individuals will have an immigration status that can be checked online. The online right to work checking service sets out what information you will need to complete an online check. In circumstances in which an online check is not possible, you should conduct the manual check.

Currently, the Home Office online service supports checks for a range of individuals, depending on the type of immigration documentation they are issued with. The use of digital proof of immigration status forms part of our move towards a UK immigration system that is digital by default. This will be simpler, safer and more convenient.

Some individuals have been issued with an eVisa and can only use the online service to prove their right to work.

Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders are also only able to evidence their right to work using the Home Office online service. This means you cannot accept or check a physical BRC, BRP or FWP as proof of right to work.

How does the service work?

Individuals using the service must select one of the three reasons for sharing their immigration status. For prospective or existing employees, they must select choose to prove their right to work in the UK.

After selecting the correct option, in this case ‘Prove your right to work to an employer: get a share code’ the individual can then generate a 9-character long share code that can be passed on to an employer which, when entered alongside the individual’s date of birth, enables you to access the required information.

The share code will be valid for 90 calendar days from the point it has been issued and can be used as many times as needed within that time.

Share codes can only be used for the purpose they were originally selected for. All share codes begin with a letter denoting the purpose the share code can be used for. Where a share code begins with the letter ‘W’, this will indicate that the share code has been generated by a prospective or existing employee to evidence their right to work. Employers will not be able to accept or use share codes which begin with the letter ‘R’ or ‘S’ as these are designed for other services.

If a share code has expired, or the individual has used a code generated by another service, you must ask them to resend you a new right to work share code.

Where an individual provides you with a share code, you must carry out the check by accessing the employer part of the online service at ‘Check a job applicant’s right to work: use their share code’ page on GOV.UK in order to obtain a statutory excuse against a civil penalty. It is not sufficient to view the details provided by the prospective or existing employee on the migrant part of the service.

The online service allows checks to be carried out by video call. You do not need to see physical documents as the right to work information is provided in real time directly from Home Office systems.

Step 1: Use the Home Office online service

The individual may provide the share code to you directly, or they may choose to send this to you via the service. If they choose to send it to you via the service, you will receive an email from [email protected].

To check the person’s right to work details, you will need to:

access the service Check a job applicant’s right to work: use their share code

enter the ‘share code’ provided to you by the individual, and

enter their date of birth

It is not sufficient to simply view the details provided to the individual on the migrant part of the service and doing so will not provide you with a statutory excuse.

The above image is an example of the message an employer receives when an individual has sent their share code to the employer via the online service.

You must check that the photograph on the online right to work check is of the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in person or by video call.

If the image of the individual on their digital profile is showing incorrectly or is of poor quality, you should advise the individual to update the image on their account. They can do this by visiting: Update your Visas and Immigration account details . Further information and support is also available via the UKVI Resolution Centre .

You must only employ the person (or continue to employ an existing employee, if you are conducting a follow-up check) if the online check confirms they have the right to work and are not subject to a condition preventing them from doing the work in question.

If you employ someone on the basis of the online check, but it is reasonably apparent from the photograph that the individual working is not the individual to whom the information provided in the check relates, you may face a civil penalty in the event of illegal working or risk being found guilty of a criminal offence.

The above image is from the online service and shows the individual has a continuous right to work.

The above image is from the online service and shows the individual has a time-limited right to work and confirms the date that their permission to enter or stay expires.

The above image is from the online service and shows the individual has a restricted, time limited right to work. It confirms the hours they can work and the date that their permission to enter or stay expires.

Step 3: Retain evidence of the online check

You must retain evidence of the online right to work check. This should be the ‘profile’ page confirming the individual’s right to work. This is the page that includes the individual’s photo and date on which the check was conducted. You will have the option of printing the profile or saving it as a PDF or HTML file.

You should store this securely, (electronically or in hardcopy) for the duration of employment and for two years afterwards. The file must then be securely destroyed. You should also be able to produce these document copies quickly in the event that you are requested to show them to demonstrate that you have performed a right to work check and retain a statutory excuse.

You must repeat this process in respect of any follow up check.

Biometric Residence Permits

Biometric Residence Permits (BRPs) provide evidence of the holder’s immigration status in the UK. They contain the holder’s unique biometric identifiers (fingerprints, digital photograph) within the chip. They also display a photograph and biographical information on the face of the document and details of entitlements, such as access to work and/or public funds.

As part of the development of a border and immigration system that is digital by default, physical documents are to be phased out by the end of 2024, replaced with a system of digital immigration status (eVisa) . Therefore, you may see BRP cards with an expiry date of 31 December 2024 where the holder has permission to stay in the UK that ends after that date. This is not an error and the holder’s rights and entitlements are unaffected as the date refers to the expiry of the document only, and not to the holder’s immigration status. When the holder provides you with a share code to prove their right to work, their online profile will display the expiry date of their immigration permission, rather than the card expiry date of 31 December 2024.

A follow up check is not needed until the employee’s permission is due to expire. Where the 31 December 2024 was taken as the expiry date, a follow up check will be required.

Further information about BRPs and the Home Office transition to eVisas is available at:

Biometric residence permits (BRPs): What a BRP is

Online immigration status (eVisa)

For migrants overseas who are granted permission to enter the UK for more than six months, they are issued with a vignette (sticker) in their passport which is valid for 90 calendar days to enable them to travel to the UK. Following their arrival, they will have 10 calendar days or before their vignette expires (whichever is later) to collect their BRP from the Post Office branch detailed in their decision letter.

BRP holders must still collect their card, but they prove their right to work using the Home Office online service rather than showing the physical document. Those permitted to work in the UK are strongly encouraged to collect their BRP before they start work in order to use the information to generate a right to work share code. If they need to start work for you prior to collecting their BRP, they will be able to evidence their right to work by producing the short validity vignette in their passport which they used to travel to the UK. You will need to conduct a manual right to work check on the basis of this vignette, which must be valid at the time of the check. However, as this will expire 90 calendar days from issue, you will have to repeat the check using the online service, for the statutory excuse to continue.

If you employ someone on the basis of the short validity vignette and they are unable to access their BRP information to use the online service when the vignette time expires, you are not required to immediately terminate the employment if you believe the employee continues to have the right to work. However, once the 90 calendar days has expired, you will not be able to establish a statutory excuse if it transpires that the employee is working illegally.

Biometric Residence Permits (BRPs) and National Insurance numbers

Some individuals are automatically issued a National Insurance Number (NiNo) as part of their immigration application. This currently applies to most migrants and dependants who have been granted permission in any skilled worker category or as a refugee, including those granted settled status through a protection route. In such cases, the NINo will appear in the remarks on the reverse of the BRP or on their online profile. In these cases, there is no need for the migrant or the employer to make a separate application to the Department for Work and Pensions to obtain one.

Changes to the way in which biometric cards are used to evidence right to work

The way in which Biometric Residence Card, Biometric Residence Permit and Frontier Worker Permit (“Biometric cards”) holders evidence their right to work has changed.

Since 6 April 2022, biometric card holders are required to evidence their right to work using the Home Office online service only. Employers cannot accept physical cards for the purposes of a right to work check even if it shows a later expiry date. Biometric cards have been removed from the lists of acceptable documents used to conduct a manual right to work check.

Retrospective checks will not be required on biometric card holders who, before 6 April 2022, used their physical card to demonstrate their right to work. Employers will maintain a statutory excuse against a civil penalty if the initial checks were undertaken in line with the guidance that applied at the time the check was made.

If an employer chooses to undertake a retrospective check and identifies an existing employee who no longer has a right to work, they are required to take the appropriate action.

When to contact the Home Office Employer Checking Service to verify right to work

In certain circumstances, you will need to contact the Home Office’s Employer Checking Service (ECS) to establish a statutory excuse. These are when:

You are presented with a document (non-digital CoA or an acknowledgement letter or email) confirming receipt of an application to EUSS on or before 30 June 2021.

You are presented with a non-digital CoA confirming receipt of an application to the EUSS on or after 1 July 2021.

You are presented with a valid Application Registration Card stating that the holder is permitted to undertake the work in question. Any work will be restricted to employment in a shortage occupation.

You are satisfied that you have not been provided with any acceptable documents and are unable to carry out a check using the online service.

The person presents other information indicating that they have an outstanding application for permission to stay in the UK with the Home Office, which was made before their previous permission expired or has an appeal or administrative review pending and, therefore, cannot provide evidence of their right to work.

You consider that you have not been provided with any acceptable documents, but the person presents other information indicating they are a long-term resident of the UK who arrived in the UK before 1988.

In the above circumstances, you will establish a statutory excuse only if you are issued with a Positive Verification Notice (PVN) confirming that the named person is allowed to carry out the type of work in question.

You should not contact the ECS where employment commenced before 29 February 2008 and has been continuous ever since. You will receive a Negative Verification Notice because this employment is out of scope of the civil penalty scheme. This notice does not require you to take action and does not indicate that they do not have the requisite permission to work.

The ECS aims to provide a response within five working days of receiving a valid request. It is your responsibility to inform the person you intend to employ, or continue employing, that you are carrying out this check on them.

To find out if you need to request a verification check from the ECS and to conduct that check, you should use the online tool ‘ Use the Employer Checking Service - GOV.UK (www.gov.uk) ’.

Application Registration Card and asylum seekers

The Application Registration Card (ARC) is the card used by asylum claimants to demonstrate they have made an asylum claim. Since 2017, ARC closely resemble the Biometric Residence Permit, including extra security features, a biometric facial image and an expiry date. Whilst the earlier version of the ARC is no longer being issued, the cards already in circulation will continue to be acceptable until they expire.

Asylum claimants are provided with accommodation and support to meet their essential living needs if they would otherwise be destitute. Asylum claimants can apply for and may be granted permission to work if their claim has been outstanding for more than 12 months through no fault of their own.

Claimants granted permission to work on or before 3 April 2024 are restricted to working in jobs on the shortage occupation list published by the Home Office. Their ARC will state “work permitted shortage OCC”.

You may accept a new biometric style or an old-style ARC, provided you verify the right to work and any work restrictions by obtaining a Positive Verification Notice (PVN) issued by the ECS. This excuse will expire six months from the date of the PVN, when a follow-up check must be undertaken if the statutory excuse is to be retained.

The follow up check must be carried out before the six-month statutory excuse expires. Any permission to work granted will come to an end if their claim is refused and any appeal rights are exhausted. Provided you have obtained a PVN from the ECS, you will continue to have a statutory excuse for the duration stated in the PVN unless you become aware that the worker is working illegally within that six-month period and you continue to employ them in spite of that knowledge.

Anyone who is granted permission to stay in the UK as a refugee, or who is granted humanitarian protection has unrestricted access to the labour market. A refugee may demonstrate their right to work through the Home Office online service (if they have a BRP) or Immigration Status Document, requiring a manual check (an older form of document issued to refugees and certain other categories of migrant prior to the introduction of the BRP).

Outstanding applications, Appeals and Administrative Reviews

If you request verification from the ECS, because the employee or potential employee has an outstanding application with us or appeal or administrative review against a Home Office decision, you should wait at least 14 calendar days after the application, appeal or administrative review has been delivered or posted to us or the court, before requesting a verification check. This is because it takes this amount of time for most cases to be registered with the Home Office.

In order to make the verification request with the ECS, you must obtain confirmation from your employee or potential employee of when the application, appeal or administrative review was made to the Home Office. This information must be included in the request form.

In-time applications (3C leave)

Where an in-time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C of the Immigration Act 1971 extends the person’s existing leave.

An application for further immigration permission to stay in the UK must be made before existing permission expires for it to be deemed ‘in-time’. Upon doing this, any existing rights (including a right to work) will continue until that in-time application (and any appeal or administrative review) has been determined. Where section 3C is triggered, it will extend leave while any appeal or administrative review they are entitled to is pending.

The Home Office online service now supports a range of individuals, who have outstanding, in-time applications for permission to stay in the UK. Where an individual advises you that they have an outstanding, in-time application, and they are an eVisa holder, you should ask them to provide you with a share code. Once in receipt of the share code, you can use the online service to carry out the right to work check as set out in this guidance.

In such circumstances, the online service will provide confirmation of the individual’s right to work and will provide you with a statutory excuse for a period of six months. This is the standard duration when right to work checks are conducted on individuals who have an outstanding, in-time immigration application. Upon any subsequent application to renew the right to work, you must carry out a follow-up check.

Some users may not be supported by the online service at this time as work continues to move to digital by default. In circumstances where the individual is unable to provide you with a share code, yet they have an outstanding, in-time application, please contact the ECS for verification of this.

Appeals and Administrative Reviews

Administrative reviews have replaced some rights of appeal where the applicant believes our decision to refuse their application is incorrect. For decisions made in the UK, the review application must be made within 14 calendar days from notification of the decision. Any previous permission to work continues during the period that an administrative review can be made and, if made, will continue until the administrative review has been determined (decided or withdrawn). This will normally be within 28 calendar days.

Where an application for an administrative review is brought after the period for making an application has expired, we may decide to accept the application as valid. If so, any permission to work will continue from the date that the administrative review is accepted. This will be confirmed by a PVN from the ECS. The individual will not be permitted to work between the date that their previous permission to work expired and the date the administrative review was deemed valid.

Further detail on administrative reviews can be found on GOV.UK.

Windrush generation individuals

The Government has put in place additional safeguards to ensure that those who have lived lawfully in the UK since before 1988 are not denied access to work.

In some circumstances, individuals of the Windrush generation (those who arrived in the UK before 1973) and those non-UK citizens who arrived in the UK between 1973 and 1988, may not be able to provide documentation from the lists of acceptable documents to demonstrate their entitlement to work in the UK. The Home Office has established the Windrush Help Team which is handling applications under the Windrush Scheme for confirmation of indefinite leave to remain, including a biometric residence permit or applications for British citizenship.

In these circumstances, you should contact the Employer Checking Service (ECS).

The ECS will notify the Windrush Help Team, who will contact the individual to confirm their circumstances and arrange for their status to be resolved. Working with the Windrush Help Team, the ECS will be able to confirm an individual’s right to work in these circumstances and will do so by issuing you with a PVN.

A PVN issued by the ECS will provide you with a statutory excuse for six months from the date stated in the PVN. The information provided by the ECS will clearly set out whether a repeat check will be required, and if so, when.

The Windrush Help Team can offer support and guidance about the Windrush Scheme and advise individuals on how to apply. It can also help vulnerable people or those who need additional support. If a prospective or existing employee has been affected, they can contact the Windrush Help Team via the above link or by calling 0800 678 1925.

EEA citizens

Following the UK’s exit from the EU, the Immigration and Social Security Coordination (EU Withdrawal) Act 2020 ended free movement law in the UK on 31 December 2020 at 23:00 (11pm) GMT. There followed a grace period of six-months during which relevant aspects of free movement law were saved to allow eligible EEA citizens and their family members resident in the UK by 31 December 2020 to apply to the EUSS. This period ended on 30 June 2021.

Right to work checks for EEA citizens since 1 July 2021

EEA citizens and their family members are required to have immigration status in the UK. They can no longer rely on an EEA passport or national identity card to prove their right to work as this only confirms their nationality. They are required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals.

There is no requirement for a retrospective check to be undertaken on EEA citizens who entered into employment before 1 July 2021. You will maintain a continuous statutory excuse against liability for a civil penalty if the initial checks were undertaken in line with the guidance that applied at the time you made the check.

If you choose to carry out retrospective checks, you must ensure that you do so in a non-discriminatory manner. The Code of practice for employers: avoiding unlawful discrimination while preventing illegal working provides practical guidance on how to avoid unlawful discrimination when conducting right to work checks.

Irish citizens

Irish citizens continue to have unrestricted access to work in the UK. They can prove their right to work using their Irish passport or Irish passport card (in either case, whether current or expired), or their Irish birth or adoption certificate together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

Eligible Irish citizens may choose to apply to the EUSS (see below for information on how to check the right to work of an EUSS status holder).

Irish citizens can also apply for a frontier worker permit, this permit can be issued digitally or as a physical permit, so they can prove their right to work using the Home Office online right to work service .

How EEA citizens are required to prove their right to work

Eea citizens granted status under the eu settlement scheme (euss).

The majority of EEA citizens now prove their right to work using the Home Office online service.

The Home Office no longer requires employers to carry out repeat checks on holders of presettled status. Accordingly, a right to work check on holders of pre-settled and settled status granted under the EUSS is only required prior to the commencement of employment.

Where initial checks were correctly undertaken prior to the commencement of employment on a holder of pre-settled status, and providing you are not knowingly employing someone without the right to work, the Home Office shall not take civil penalty action against you.

If you choose to carry out follow-up checks, you must ensure that you do so in a nondiscriminatory manner. The Code of practice for employers: avoiding unlawful discrimination while preventing illegal working provides practical guidance on how to avoid unlawful discrimination when conducting right to work checks.

Frontier workers

A ‘frontier worker’ is an EEA citizen who is resident outside the UK but is economically active (employed or self-employed) in the UK. They have rights under the Withdrawal Agreement, the EEA European Free Trade Association (EFTA) Separation Agreement and the Swiss Citizens’ Rights Agreement (‘the Agreements’) to enter the UK and work for as long as they remain a frontier worker.

Frontier workers are issued with a frontier worker permit either digitally or, in a small number of cases, physically. Using the online service, as set out in this guidance, will provide you with a statutory excuse against liability for a civil penalty.

It is mandatory for frontier workers to obtain a frontier worker permit as evidence of their right to enter the UK. However, it is not mandatory for frontier workers, who have rights under the Agreements, to use a frontier worker permit to evidence their rights (including their right to work) in the UK.

Consequently, it is open to any frontier worker protected under the Agreements to demonstrate the existence of their rights in a different way to using the online service. To obtain a statutory excuse against liability for a civil penalty in such cases, if a frontier worker chooses not to provide a share code, or they were issued with a physical permit, you must request a right to work check from the ECS.

In these cases, you must obtain a copy of the employee’s documents which evidence that they were exercising rights as a frontier worker on 31 December 2020 and have continued to do so, as these will form part of your statutory excuse.

Before providing you with a response, the ECS may contact you and ask you to send them a copy of the documents you have checked. The ECS will confirm if the individual has the right to work, and when you need to carry out a follow-up check. Where the ECS can issue a Positive Verification Notice (PVN) in the absence of a frontier worker permit, you will be required to carry out a follow-up ECS check in six months to maintain your statutory excuse.

If you choose to employ the individual as a frontier worker, without checking their frontier worker permit via the online service or securing a PVN from the ECS, you will not establish a statutory excuse against liability for a civil penalty should the individual be found to be working illegally.

Evidence required in the absence of a frontier worker permit:

evidence of the applicant’s own identity and that they are an EEA citizen – such as a passport or national identity card

evidence they are primarily resident outside of the UK, such as utility bills or bank statements which include proof of address outside the UK

evidence they were working in the UK as an employed or self-employed person on 31 December 2020

evidence they have continued to be employed or self-employed in the UK since 31 December 2020

Retained frontier worker status

A frontier worker who has (or had) temporarily stopped working can still be treated as a worker if they can provide proof that they are, or were:

temporarily unable to work because of illness or an accident

in duly recorded involuntary unemployment

involuntarily unemployed and in vocational training

temporarily unable to work following pregnancy or childbirth

voluntarily stopped working to start vocational training related to their previous occupation

Guidance on what is considered sufficient evidence for retaining frontier worker status can be found in the frontier worker permit case working guidance here: Frontier Worker Permit Scheme Guidance .

Service provider from Switzerland

A ‘Service provider from Switzerland’ (SPS) is an individual of any nationality, who is required by their employer (who must be based in Switzerland) or Swiss national who is self-employed, to execute contracts to temporarily provide services for a party based in the UK. The contract to carry out work must have been signed and started before 11pm on 31 December 2020. Eligible companies have rights under the Swiss Citizens’ Rights Agreement to enable employees, or self-employed Swiss nationals to travel to the UK to provide services for up to 90 calendar days per year. An SPS must obtain their visa in advance of travel.

An SPS visa is a hard copy document without an online checking function. The visa will be in the form of a vignette and will identify the individual as a ‘Service Provider from Switzerland’, and can be issued in two ways:

(All nationalities) within a passport

(Swiss citizens only) on an official form (“Form for Affixing a Visa”) - If the individual is a Swiss citizen, they can choose to apply to the immigration route using their Swiss identity card. In this circumstance, the vignette will be attached to an official Home Office form

As an employer you are not required to carry out a right to work check on an individual with an SPS visa, as they are not in your employment. You may, however, be asked to provide a copy of the contract held with the Swiss company for which the visa holder is carrying out work or services.

The SPS visa specifies that an individual is permitted to provide services for up to 90 calendar days per calendar year or less if there is another employee working on the same contract. The 90 days’ work can be spread over the entire calendar year. The visa allows the individual to enter and leave the UK multiple times during the visa period.

Further information is available in the Service Providers from Switzerland Guidance .

Applications submitted to the EU Settlement Scheme (EUSS)

EEA citizens, and their family members, who have made a valid application to the EUSS have temporary protection of rights under the Withdrawal Agreement, the EEA EFTA Separation Agreement or the Swiss Citizens’ Rights Agreement, which gives them a right to work until their application is finally determined. This includes pending the outcome of any administrative review or appeal against a decision to refuse status. Employers should not treat those with an outstanding, valid application less favourably.

Certificate of Application (CoA)

Where an individual has been issued with a CoA, you must first check whether this is a ‘digital’ or ‘non-digital’ CoA. A CoA is evidence that an individual has made a valid application to the EUSS and should be used to evidence their right to work until their application (and any appeal or administrative review) is finally determined.

Digital Certificate of Application

Most individuals with an outstanding valid application made to the EUSS have been issued with a digital CoA. In this instance, you should check with the individual and ask them to provide you with a share code. This means you can check their right to work immediately via the online service and do not need to contact the ECS. The online service will provide confirmation of their right to work and advise when a follow-up check is required.

Previously, where the individual had a digital CoA to evidence a valid application made to the EUSS on or after 1 July 2021, the online service would direct the employer to verify this via the ECS. Since 1 October 2023, employers have no longer been directed to verify such a check with the ECS.

Non-digital Certificate of Application

A ‘non-digital’ CoA is a PDF document attached to an email or a letter, sent to the individual, advising them how prospective employers can verify their right to work. Where a prospective employee provides you with a ‘non-digital’ CoA as evidence of an application made to the EUSS, you should check with the individual and ask them to provide you with a share code to verify their right to work as per the ‘Digital Certificate of Application’ section above.

If they have not been issued a digital version and are unable to provide you with a share code, you should contact the ECS. You must make a copy of the ‘non-digital’ CoA and retain this copy, together with a PVN from the ECS. In doing so, you will have a statutory excuse for six months from the date stated on the PVN.

You can request a right to work check from the ECS using the online form ‘request a Home Office right to work check’ on GOV.UK.

EU Settlement Scheme status granted by a Crown Dependency

The Crown Dependencies (the Bailiwick of Jersey, the Bailiwick of Guernsey, and the Isle of Man) each operate their own equivalents of the EUSS for those eligible to apply. The UK and the Crown Dependencies recognise status granted under each other’s scheme, so an individual granted settled or pre-settled status by a Crown Dependency will be considered to have settled or pre-settled status in the UK.

The Isle of Man and Guernsey issue a letter to those granted EUSS status. Jersey issues a letter and operates an immigration status checker service for individuals to obtain confirmation of their status at any point.

When presented with a letter or email confirmation of EUSS leave from a Crown Dependency, you must request a right to work check from the ECS. You must keep a copy of the Crown Dependency letter or email and retain this with the response from the ECS to have a statutory excuse against liability for a civil penalty.

The Home Office will no longer require employers to carry out repeat checks on holders of presettled status. Accordingly, a right to work check on holders of pre-settled and settled status granted under the EUSS will only be required prior to the commencement of employment. Where initial checks were correctly undertaken prior to the commencement of employment on a presettled status holder, and provided you are not knowingly employing someone without the right to work, the Home Office shall not take civil penalty action against you.

Outstanding EU Settlement Scheme applications in a Crown Dependency

Where an individual has an outstanding application to the EUSS of the Crown Dependencies they will have a letter or email notification confirming their outstanding application. You must request a right to work check from the ECS.

You must retain a copy of the letter or email notification with the response from the ECS to have a statutory excuse against liability for a civil penalty.

EEA citizens with Indefinite Leave to Enter or Remain

EEA citizens with Indefinite Leave to Enter or Remain (ILE/R) are not required to make an application to the EUSS but can do so if they wish.

Since 1 July 2021, EEA citizens with ILE/R are required to prove their right to work in the same way as other foreign nationals who do not have a digital status. You can carry out a manual check of their Home Office documentation such as an endorsement / vignette in a current passport stating ‘Settlement’, ‘Indefinite Leave to Enter or Remain’ or ‘No Time Limit’. Some citizens may have a current Biometric Residence Card (BRC) to confirm their ILE/R and this can be used to access the online right to work service.

Further information:

If you encounter EEA citizens who believe that they have ILE/R but do not have a document to confirm this, please encourage them to:

• apply to the Windrush Scheme to get proof of their ILE/R status
• see if they are eligible to apply to the EU Settlement Scheme , if they have reasonable grounds for the delay in making their application

If they are from Malta or Cyprus, they may also be able to apply for British citizenship through the Windrush Scheme .

Applications for either scheme are free of charge.

Points-Based Immigration System

EEA citizens who come to the UK to live, work or study since 1 January 2021 need to obtain immigration status under the points-based system in the same way as other foreign nationals. The majority of EEA citizens will be provided with an eVisa. However, this will be dependent upon the immigration route and how they made their application. Some EEA citizens will have a Biometric Residence Permit (BRP). Those with a valid BRP must use the online right to work service.

To prove their right to work from 1 July 2021, individuals will provide you with a share code and their date of birth which will enable you to check their Home Office immigration status via the online service, ‘Check a job applicant’s right to work: use their share code’ available on GOV.UK.

EEA citizens and non-EEA family members without lawful immigration status

We recognise that employers wish to have a lawful and stable workforce and maintain compliance with the Right to Work Scheme. You will have a continuous statutory excuse against a civil penalty if you carried out an initial right to work check in the prescribed manner as set out in legislation and guidance that applied at the time you completed the check. For example, where an EEA citizen provided their valid passport or national identity card to you to prove their right to work prior to 30 June 2021.

There may be situations in which you identify an EEA citizen or non-EEA family member in your workforce who has not applied to the EUSS and does not hold any other form of permission to stay in the UK.

You may become aware of this if you have chosen to carry out a retrospective check, completed an internal audit or have been made aware that your employee does not have a lawful status in the UK.

If an employer identifies an existing employee who no longer has a right to work, they are required to take the appropriate action. This may include contacting the Home Office for support or taking steps to terminate employment.

If an EEA citizen, or a non-EEA family member, applies for a job but has not applied to the EUSS and has no alternative immigration status in the UK, then they will not be able to pass a right to work check.

It should be noted that the criminal offence of employing an illegal worker is generally reserved for the most serious cases of non-compliance with the Right to Work Scheme. It is not intended for employers who have employed EEA citizens or non-EEA family members in good faith having completed a right to work check in the prescribed manner.

Family members

Where they were resident in the UK before 11pm GMT on 31 December 2020, non-EEA family members of EEA citizens are required to make an application to the EUSS to continue living in the UK after 30 June 2021. They will provide a share code and their date of birth which will enable you to check their Home Office immigration status via the online service, Check a job applicant’s right to work: use their share code available on GOV.UK.

Eligible family members of persons of Northern Ireland who were resident in the UK by 31 December 2020 can apply for an EUSS family permit to join or visit their family member in the UK. EUSS family permits are valid for six months.

Those with a valid passport will be issued with a EUSS family permit vignette. Where an individual presents a vignette, the employer must take a copy of the passport as well as the vignette and ensure the photographs are of the same person. For more information please see EU Settlement Scheme Family Permit guidance on GOV.UK.

Family members who wish to stay in the UK beyond the validity of their family permit should apply to the EUSS within 3 months of arriving in the UK. Where a joining family member makes a valid application to the EUSS, they will receive a CoA issued by the Home Office. They will be able to use their CoA for the purpose of a right to work check, please see the section above which gives more details regarding CoAs.

Support for employees and employers carrying out a right to work check

Employer enquiry helpline / ukvi resolution centre.

If you need help carrying out a right to work check you should call the Employer Enquiry helpline: Telephone: 0300 790 6268 Monday to Thursday, 9am to 4:45pm Friday 9am to 4:30pm. If you need access to a device or the internet, many local libraries have computers where you can access the internet. Please visit your local library to access these facilities.

If you wish to access Home Office online training on right to work checks, please contact the Immigration Enforcement Checking and Advice Service training team at: [email protected] .

Further support available

If any of your existing or prospective employees require further advice or support with regard to their immigration status, they can access information on ‘ View and prove your immigration status: get a share code ’ on GOV.UK. This also provides further information on how to prove immigration status, how to update personal details, and support available.

If your employee needs help accessing or using their Home Office online immigration status services, they can contact the UKVI Resolution Centre: Telephone: 0300 790 6268, select option 3, Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.

3. Who do you conduct checks on?

You should ask all prospective employees to demonstrate their right to work through a manual document check, using the services of an IDSP, or by using the Home Office online right to work checking service. You cannot mandate how an individual proves their right to work. To ensure that you do not discriminate against anyone, you should provide every opportunity to enable an individual to prove their right to work.

Discrimination

You should not discriminate when conducting right to work checks. You should:

be consistent in how you conduct right to work checks on all prospective employees, including British citizens

ensure job selections are made on the basis of suitability for the post

ensure that no prospective job applicants are discouraged or excluded, either directly or indirectly, because of known or perceived protected characteristics.

You should not:

discriminate when conducting right to work checks

only check the status of those who appear to you likely to be migrants

make assumptions about a person’s right to work in the UK or their immigration status on the basis of their colour, nationality, ethnic or national origins, accent, surname or the length of time they have been resident in the UK.

Otherwise, you may be acting in a discriminatory manner, and it could be used as evidence against you in proceedings under the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997, as amended.

The Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working provides practical guidance on how to avoid unlawful discrimination when employing individuals and conducting right to work checks. We strongly recommend that you refer to this code and the Code of practice on preventing illegal working: Civil penalty scheme for employers when conducting right to work checks.

Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race or a protected characteristic may bring a complaint before an Employment Tribunal, or an Industrial Tribunal in Northern Ireland. If the claim is upheld, the Tribunal will normally order the employer to pay compensation, for which there is no upper limit.

If you need expert advice and support on discrimination, you can call the Equality Advisory Support Service (EASS) on 0808 800 0082.

In Northern Ireland the advisory service is provided by the Equality Commission for Northern Ireland . The telephone helpline number is 028 90 500600.

4. When do you conduct follow up checks?

You need to recheck the right to work of those individuals who have time-limited permission to work in the UK. This should occur when their previous permission comes to an end. The follow-up check is designed to prevent people from overstaying their immigration permission where this is time-limited. The Employer Checking Service (ECS) can confirm the right to work of an individual who has an outstanding application or appeal to the immigration system.

Contacting the Home Office

On the date on which your employee’s permission expires, to continue to employ them you must be reasonably satisfied they:

have submitted an in-time application to extend or vary their permission to be in the UK

have made an appeal or an administrative review against a decision on that application which is outstanding

are unable to provide acceptable documentation but presents other information indicating they are a long-term lawful resident of the UK who arrived here before 1988.

In such cases, your statutory excuse will continue from the expiry date of your employee’s permission for a further period of up to 28 calendar days to enable you to obtain a positive verification from the ECS or carry out a Home Office online check . This ‘grace period’ does not apply to checks carried out before employment commences. In such circumstances, you should delay employing the individual until such time you are able to carry out a prescribed check or you receive a six-month PVN from the ECS.

During either the initial 28 calendar days, or the six-month PVN period your employee provides evidence that their case has been determined with permission to stay granted, you can maintain a statutory excuse for the duration of their immigration permission by conducting a check in the normal way. A letter from a solicitor indicating a successful case outcome or a copy of a successful court judgment will not provide you with a statutory excuse.

You can reasonably satisfy yourself of a pending application through, for example, a Home Office acknowledgment letter or a Home Office or appeal tribunal reference number and proof of date of postage. If your employee cannot provide this evidence, this does not necessarily mean that they have not made an application, appeal or applied for an administrative review.

In the event a follow-up check confirms an employee is working illegally in your workforce, you are advised to take steps to terminate employment and report the circumstances to the Home Office via the UKVI Helpline on 0300 790 6268 select the employer’s option, Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. You must state that you are reporting illegal working in your workforce and request a Unique Reference Number (URN).

Transfer of undertakings

Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 provide that right to work checks carried out by the transferor (the seller) are deemed to have been carried out by the transferee (the buyer). As such, the buyer will obtain the benefit of any statutory excuse established by the seller.

However, if the seller did not conduct the original checks correctly, the buyer would be liable for a penalty if an employee, who commenced work on or after 29 February 2008, is later found to be working illegally. Also, a check by the buyer may be the only way to determine when any follow-up check should be carried out in respect of employees with time-limited permission to work in the UK.

For these reasons, employers who acquire staff in cases of TUPE transfers are advised to undertake a fresh right to work check on those staff they have acquired. Employers are not required to have a statutory excuse in respect of employment which commenced before 29 February 2008, where the individual has been in continuous employment prior to that date. This includes where employment has continued as part of a TUPE transfer.

We recognise that there may be practical problems in undertaking these checks before employment commences for workers acquired as part of a TUPE transfer, and for this reason a grace period has been provided during which you should undertake the check. This period runs for 60 calendar days from the date of the transfer of the business to correctly carry out fresh right to work checks in respect of those TUPE employees acquired. There is no grace period for any subsequent follow-up checks.

This 60-day grace period applies in all situations where there is a “relevant transfer” [footnote 1] , even if the transferring business is subject to “terminal” insolvency proceedings falling within regulation 8(7) of the 2006 TUPE Regulations, such as cases involving compulsory liquidation [footnote 2] .

Changes in the Employer’s legal constitution

Where the employer is a corporate body and there has only been a change in the employer’s legal constitution, for example, a change from a private limited company to a public limited company or change from a partnership to a limited company or a limited liability partnership or a TUPE transfer within the same group of companies, the right to work check does not need to be repeated because of this change. This is only the case when the employer is effectively the same entity and is only changing its legal status. Where there is any doubt, we recommend that the employer checks the person’s right to work, rather than risking liability for a civil penalty should an employee be found to be working illegally.

5. What are the sanctions against illegal working?

Illegal working is tackled through a ‘whole government approach’. Co-ordination across agencies in government, including HMRC, to ensure that illegal working is detected more effectively, is conducted through the sharing of intelligence and joint enforcement operations. When illegal working is identified, a range of sanctions are applied.

If you are found to be employing someone illegally and you have not carried out the prescribed checks, you may face sanctions including:

civil penalty of up to £60,000 per illegal worker

in serious cases, a criminal conviction carrying a prison sentence of up to five years and an unlimited fine

closure of the business and a compliance order issued by the court

disqualification as a director

not being able to sponsor migrants

seizure of earnings made as a result of illegal working

review and possible revocation of a licence in the alcohol and late-night refreshment sector and the private hire vehicle and taxi sector.

You may also appear in the publication of non-compliant employers in Employers: illegal working penalties .

This is a quarterly report showing the total number of civil penalties for illegal working issued to non-compliant employers in each region of the UK. The report shows the number of illegal workers found and the value of the penalty issued.

Employment of illegal workers within the previous three years means you have been issued with a civil penalty or warning notice in respect of a breach of the 2006 Act for one or more workers which occurred within three years of the current breach, and where your liability was maintained following the exercise of any objection and/or appeal, or you have committed an offence under section 21 of the 2006 Act, as amended by the Immigration Act 2016, during the same period.

Civil penalties

The amount of any civil penalty issued is determined on a case-by-case basis. The ‘Code of practice on preventing illegal working’ explains how a penalty is calculated, including mitigating factors which may reduce the penalty amount.

If you are found liable, you will be issued with a Civil Penalty Notice setting out the total penalty amount you are required to pay, and the date by which you must pay it. It will also inform you how you can exercise your right to object, following which you will be able to appeal. The employer must always object against the penalty notice before appealing to the court, except if served with a penalty notice for a higher amount following an objection.

Further information is contained in the ‘Employer’s guide to administration of the civil penalty scheme’ which sets out in more detail the stages of the civil penalty process, how the penalty is calculated, the range of notices you may receive and the deadlines by which you need to take action at each stage.

Receipt of a civil penalty could also affect your ability to sponsor migrants who come to the UK in the future (including those under the points-based immigration system) or your eligibility to hold a Gangmaster’s licence. Being issued with a civil penalty may also affect your ability to hold a licence in the private hire and taxi sector and the alcohol and late-night refreshment sector.

If an employee is undertaking a role which is different from that for which the certificate of sponsorship was issued and permission to enter or stay was granted, you are employing the worker illegally. Further information on sponsoring migrants may be found on Sponsorship: guidance for employers and educators .

If you are an employer who is subject to immigration control, you should also be aware that if you are liable for a civil penalty, this will be recorded on Home Office systems and may be taken into account when we consider any future immigration application that you make.

The offence of employing an illegal worker

You will commit a criminal offence under section 21 of the Immigration, Asylum and Nationality Act 2006, as amended by section 35 of the Immigration Act 2016, if you know or have reasonable cause to believe that you are employing an illegal worker. You may face up to five years’ imprisonment and/or an unlimited fine.

It is illegal to employ someone aged 16 or over who is subject to immigration control and who is not allowed to undertake the work in question (by reason of their immigration status). The civil penalty scheme is the sanction applied in most routine cases involving the employment of illegal workers. If you know that you are employing someone who is not allowed to carry out the work in question, you will not have a statutory excuse, regardless of whether you have conducted right to work checks. However, in more serious cases, prosecution may be considered where it is deemed the appropriate response to the non-compliance encountered.

The offence of illegal working

Working illegally is a criminal offence. Illegal workers face having their wages seized. They may also be prosecuted and can be imprisoned for up to six months.

The Immigration Act 2016 made it an offence to work illegally in the UK. A person commits this offence if they are subject to immigration control, and they work when they are disqualified from working by reason of their immigration status. The offence applies when they know, or have reasonable cause to believe, that they are disqualified from working.

‘Disqualified from working by reason of their immigration status’ means that they:

have not been granted leave to enter or remain in the UK; or

their leave to enter or remain in the UK

is invalid,

has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise), or

is subject to a condition preventing the person from doing work of that kind.

As well as including those working illegally under a contract of employment, the offence also applies to work undertaken by those who are self-employed. The offence covers both informal and formal working arrangements.

The offence carries a maximum penalty of six months’ imprisonment and/or an unlimited fine in England and Wales and six months’ imprisonment and/or a fine of the statutory maximum in Scotland and Northern Ireland. Wages gained from illegal working may be seized as the proceeds of crime and assets may be confiscated.

Closure notices and compliance orders

The 2016 Act (Section 38 and Schedule 6) introduced illegal working closure notice and compliance order provisions to provide a power to deal with those employers who have continued to flout the UK’s laws by using illegal labour where previous civil and/or criminal sanctions have not curbed their non-compliant behaviour. Serious or persistently non-compliant employers may face temporary closure of their business. The employer is then placed under special conditions to support compliance, as directed by the Court, and may be inspected by Immigration Officers.

The provisions commenced on 1 December 2016. The notice prohibits access to the premises and paid or voluntary work on the premises, unless it is authorised in writing by the Home Office. The closure notice does not prevent access to the premises by any person who habitually lives there. In addition to the issue of the notice, consideration will also be given to the service of penalties or prosecution for illegal working and other immigration offences.

Whenever an illegal working closure notice has been issued, and which has not been cancelled, the Home Office must make an application by complaint to a Magistrates’ Court for a compliance order. The application is sent to the Court and served on the respondent before the hearing and forms the basis of the application to the court for the compliance order. The aim of a compliance order is to prevent an employer operating at the premises from employing illegal workers. The employer is placed under special conditions to support compliance, as directed by the Court, and may be inspected by Immigration Officers.

Preventing illegal working in licensed sectors

The Immigration Act 2016 amended existing licensing regimes in high-risk sectors of the economy (private hire vehicles and taxi sector and the alcohol and late-night refreshment sector). Licences will not be issued to those who break the UK’s immigration laws and may be revoked where an existing licence holder commits immigration crime or receives a civil penalty for employing illegal workers.

Licensing authorities carry out right to work checks when considering applications for licences in the taxi and private hire vehicle sector and the alcohol and late-night refreshment sector. Applicants need to provide evidence of their right to work in the UK and licences will not be issued to those who do not have the right to do the work in question.

Where the holder of a licence breaches immigration laws or receives a civil penalty, this will be grounds for licensing authorities to review, suspend or revoke a licence. In the case of licences for sale and supply of alcohol and late-night refreshment, the Home Office as a responsible authority under the Licensing Act 2003 receives a copy of these applications and may make representations to the relevant licensing authority when we believe that to grant a licence will be prejudicial to preventing immigration crime and illegal working in licensed premises.

Immigration Enforcement have the same power of entry as licensing enforcement officers to facilitate joint operations and inspections for immigration offences in relation to the licensable activity. Provisions commenced in April 2017 in England and Wales. Equivalent provisions in regulations will be made for Scotland and Northern Ireland.

6. Do you have any questions?

In the first instance, please refer to the relevant section in this guidance:

The online interactive tool: ‘ Check if someone can work in the UK ’

The online interactive tool: ‘Employer Checking Service Enquiries’

An employer’s ‘Right to Work Checklist’

The code of practice on preventing illegal working: Civil penalty scheme for employers

The code of practice for employers: Avoiding unlawful discrimination while preventing illegal working

Guidance on ‘ An employer’s guide to the administration of the civil penalty scheme ’

If you cannot find the answer to your question, please contact the Employer Enquiry helpline on 0300 790 6268.

7. Annex A: Lists of acceptable documents for manual right to work checks

Where a right to work check has been conducted using the online right to work checking service, the information is provided in real-time directly from Home Office systems and there is no requirement to check any of the documents listed below.

List A – acceptable documents to establish a continuous statutory excuse

A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.

A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK [footnote 3] .

A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer [footnote 4] .

A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 1 – documents where a time-limited statutory excuse lasts until the expiry date of permission to enter or permission to stay

A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question [footnote 5]

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 2 – documents where a time-limited statutory excuse lasts for six months

A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme) on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.

A Certificate of Application (non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.

An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.

A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.

8. Annex B: Employment of specific categories of workers

Sponsored work routes.

You will usually need a sponsor licence to employ someone to work for you from outside the UK. This includes EEA citizens who arrived in the UK after 31 December 2020.

You will not need a sponsor licence to employ certain categories of workers, including:

those with settled or pre-settled status under the EUSS

those with indefinite leave to remain / settlement in the UK

For an overview of the requirements for a sponsor licence, see ‘ UKVI Visa sponsorship for employers on GOV.UK ’.

For detailed information on the requirements, see ‘ Workers and Temporary Workers: guidance for sponsors ’ on GOV.UK.

Supplementary Employment

A worker can take supplementary employment if they have been granted entry clearance or permission on any of the following routes:

• Skilled Worker
• the Intra-Company routes in place before 11 April 2022
• Senior or Specialist Worker (but only if they qualify under a transitional arrangement )
• T2 Minister of Religion
• International Sportsperson
• Creative Worker
• Government Authorised Exchange
• International Agreement (but only if the worker has been granted as an employee of an overseas government or international organisation)
• Religious Worker

In addition to the job specified on the certificate of sponsorship (CoS), workers sponsored on these routes are able to carry out supplementary employment, provided it meets the following conditions:

• in either a job on the Immigration Salary List or a job in the same profession and at the same professional level as the job for which the CoS was assigned; and
• is for no more than 20 hours a week; and
• the individual continues to work for their sponsor and any supplementary work takes place outside of their contracted hours for their sponsored employment.

Overtime with the employer, and in the employment, specified on the worker’s CoS is not considered to be supplementary employment but forms part of the worker’s sponsored employment. Any overtime must comply with the Working Time Regulations and meet the relevant salary criteria of the route on which the worker is being sponsored.

Where you are providing supplementary employment to a sponsored worker, you must carry out a right to work check in accordance with this guidance. The check must confirm they can do supplementary employment.

You should also take steps to ensure the supplementary employment meets the above requirements by, for example, asking the worker to provide a letter or other evidence from their sponsor confirming:

• They’re still working for their sponsor;
• The job description and occupation code of their sponsored employment (if their supplementary employment is not in on the Immigration Salary List ;
• Their normal working hours

You should also ask the worker if they are doing any other supplementary employment with another employer to ensure they will not be doing more than 20 hours a week in total of supplementary employment.

For further information on supplementary employment, see Sponsor a worker: sponsor guidance part 2 - GOV.UK (www.gov.uk) section S8 of Part 2 of the sponsor guidance (sponsor a worker).

Not all international students are entitled to work while they are in the UK, but some are allowed to take limited employment if the conditions of their permission to study permit this.

A student who has been granted permission to be in the UK and is permitted to work may have an endorsement in their passport which states that they are permitted to work and the number of hours of work permitted during term time, for example,10 hours or 20 hours a week. Alternatively, they may have an eVisa or a BRP which will also show this information online, in which case employers can do a check by using the online service, entitled ‘Check a job applicant’s right to work: use their share code’ on GOV.UK.

A week is considered in this context to run from Monday to Sunday. If permission to work is not stated in one of these documents, the student is not permitted to work. Students who have the right to work are permitted to work full-time before their course starts, during vacations or during the period they hold permission for after they have completed their course.

Study term times may end on any day of the week, depending upon the education provider. Therefore, if the educational institution’s term time ends on a Friday, full-time work would be permitted from the next day (in this scenario, a Saturday). Students should confirm with their sponsor what the term end date is and verify this with their employer as part of the right to work checking process when considering working full time hours. This will allow employers to ensure students are not in breach of their visa conditions.

Students are not permitted to fill a permanent full-time vacancy unless they are applying to switch into the Skilled Worker or Graduate routes during their study. Changes to the Immigration Rules allow students with valid applications for these routes to take up permanent, full-time vacancies either, up to three months prior to the course completion date for the Skilled Worker route, or once they have successfully completed their course of study for the Graduate route) or where they have permission under the Doctorate Extension Scheme. Students are not permitted to work as an entertainer or professional sportsperson.

For students who have limited permission to work during term-times, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed.

The dates should be provided by the sponsoring education provider, either directly or indirectly if the student is providing a letter or email, they have received from their sponsoring education provider setting out the required details.

It would be for you, as the employer, to determine if the information provided is sufficient, whether received from the sponsoring education provider directly or via the student. For instance, where information showing course dates on the education provider’s website differs from that in any letter received, you may wish to seek further clarification.

More information about student work entitlements is available in the Student route caseworker guidance .

Work placements

Work placements are intended to enable the student to gain specific experience of working in the field for which they are studying. Work placements are distinct from any employment that a student may (if permitted) take while they are following a course of study.

Students, including child students aged 16 or over, are allowed to undertake work placements where they are integral and related to the course and are assessed as part of the course. Where their student sponsor is a Probationary Sponsor, such courses must be at least RQF level 6 or SCQF level 9. Activity as part of a course-related work placement is restricted to no more than one third of the total length of the course undertaken in the UK unless:

the student is following a course at degree level or above and is sponsored by Higher Education Provider (HEP) with a track record of compliance, or by an overseas HEI to undertake a short-term Study Abroad Programme in the UK, in which case the work placement is restricted to no more than 50 per cent of the total length of the course.

the student is a child student aged 16 or over, in which case the work placement can form no more than 50 per cent of the total length of the course.

there is a statutory requirement for the course to include a specific period of work placement which exceeds this limit.

Student sponsors should provide a letter addressed to you as the work placement provider confirming that the work placement forms an integral and assessed part of the course and does not, by itself or in combination with other periods of work placement, breach the above restrictions. The letter must also include the terms and conditions of the work placement, including the work that the student will be expected to do, and how and when they will be assessed. You are strongly advised to obtain and retain such a letter as evidence of the work placement and that the work placement restrictions have not been breached as you may be liable for a civil penalty if your student employee does not comply with their immigration conditions.

While your student employee is undertaking a work placement as required by their course, this period of placement does not count towards the period of term time employment permitted by their immigration conditions.

Further information on Student visa , including work placements, is available on GOV.UK.

The student route replaced Tier 4 on 5 October 2020. Where a student holds Tier 4 leave, they will be considered to hold the same work rights as someone who holds Student immigration permission.

Impact of a change in circumstances on a student’s right to work

The student has made an application to the Home Office to vary their immigration permission – If the student is in the UK and has made a valid in-time immigration application (one made before their existing immigration permission expired), their existing conditions and work entitlements continue until their application is decided. If the application is approved, their immigration permission will be varied, and they will get new conditions of permission to stay. If the application is refused, their existing conditions continue to apply until their immigration permission expires.

The student has stopped studying or their sponsor has lost its licence – If there has been a significant change in the student’s circumstances which means they no longer qualify for their grant of Student immigration permission, the Home Office will curtail their permission. Any permission to work will expire on the new date that the student’s leave will expire following curtailment. Curtailment can be with immediate effect or take effect 60 calendar days from the date the student was notified that their leave was curtailed.

Voluntary Work

Individuals, including students, who have been granted immigration permission to be in the UK are permitted to volunteer. Visitors can volunteer for a registered charity for a maximum of 30 calendar days during their visit, but volunteering cannot be the main purpose of their visit. Individuals who have limited permission to work in the UK may not carry out any voluntary work.

The legal distinction between volunteering and voluntary work can be quite complex. However, there are some key questions to consider when assessing whether an activity is voluntary work.

It is likely to be voluntary work if:

there is an obligation on the individual to perform the work and in return an obligation on the organisation to provide it. The obligation does not have to be in writing.

the individual is rewarded for that work, either through money or benefits in kind.

An obligation to work or receipt of remuneration is likely to mean that the individual is working under a mutuality of obligation. Where there is mutuality of obligation, it is voluntary work.

However, as the legal distinction is not always clear, we recommend that those involved seek independent legal advice for their specific activity.

An individual who is not permitted to work might commit a criminal offence by engaging in voluntary work when they are subject to contractual obligations. In such circumstances, their employer might also be liable for a civil penalty for employing an illegal worker.

Students, including child students aged 16 and over, can do voluntary work if they are permitted to work, but this work and any other (for example, paid) work must not exceed the total number of hours they are permitted to work during term time. For example, if a student is permitted to work 20 hours a week during term-time and has paid work of 15 hours a week during term time, they cannot do more than 5 hours voluntary work. If they are not permitted to work they cannot do voluntary work.

9. Annex C: Digital identity verification – Guidance for employers and Identity Service Providers (IDSPs)

1.1 This guidance follows the Home Office announcement of 27 December 2021 and updated information available on GOV.UK about digital identity certification for right to work, right to rent and criminal record checks . It sets out how employers can comply with their responsibilities to conduct right to work (RTW) checks, when using Identity Service Providers (IDSPs) to complete the identity verification element of checks involving British and Irish citizens who hold a valid passport (including Irish passport cards).

1.2 ‘Identity Document Validation Technology (IDVT)’ are forms of technology operated for the purpose of verifying the identity of a person, whereby a digital copy of a physical document relating to that person is produced for verification of the document’s validity, and whether that person is the rightful holder of the document.

1.3 ‘Identity Service Provider (IDSP)’ is a provider of identity verification services using IDVT. In the context of this guidance, an IDSP may be certified to provide identity verification to specific levels of confidence, specified by government standards. IDSPs are sometimes referred to as ‘identity providers’.

1.4 ‘IDVT identity check’ means the response generated by an IDSP, using IDVT, when undertaking identity verification with respect to a person.

1.5 The relevant changes to legislation came into force from 6 April 2022.

1.6 IDSPs act on behalf of the employer (with the employer becoming a ‘relying party’ in that transaction).

1.7 This guidance sets out the required steps to verify a person’s identity and eligibility using IDVT, for the purposes of RTW checks in order to obtain a statutory excuse against liability for a civil penalty.

1.8 Employers and IDSPs must discharge their duties in accordance with this guidance and RTW legislation.

1.9 Changes to the RTW regulations permit the use of IDSPs for identity verification, enabling employers to delegate elements of the checking process to IDSPs. This allows employers and IDSPs to utilise IDVT to carry out remote digital checks when using these services. Where the services of an IDSP are used, employers are encouraged to:

Use an IDSP that is a certified provider.

Provide appropriate training and guidance to their staff for example, on what information they must obtain from an IDSP to confirm verification of identity, what the information can be used for, and the additional steps they must take to establish eligibility to work.

1.10 The 2018 Identity Document Validation Technology guidance recognises the role of IDSPs in identity verification and should be read in conjunction with this guidance.

1.11 This guidance makes extensive reference to the UK Digital Identity and Attributes Trust Framework . The UKDIATF will make provision for IDSPs to be certified as providers of identity verification services.

1.12 Certification provides a number of benefits. It is capable of providing reassurance the services can be trusted and are secure. It allows a single identity provider to complete a fully remote pre-employment checking process. It can also provide certainty for employers in an evolving technology and digital identity framework.

1.13 The UKDIATF defines:

the organisational responsibilities of IDSPs that must be met, in order to be certified, and references the Government Good Practice Guide 45 (GPG45) as the standard that is used to define how identities should be verified.

the ‘levels of confidence’ (LoC) in identity verification and ‘identity profiles’ that can meet the aforementioned levels of confidence.

2. A right to work check using IDVT via the services of an IDSP

2.1 The Home Office prescribes the nature of the checks required and the information that must be retained by employers in order to have a statutory excuse against liability for a civil penalty. The responsibility for the check remains with the employer, and they must ensure the IDSP they select to complete the identity verification element of the check carries out a prescribed check prior to the commencement of employment.

2.2 Employers will obtain a statutory excuse where they can demonstrate that they have complied with all the statutory requirements to conduct right to work checks. Where they have used an IDSP, the statutory excuse will only be obtained where that IDSP has also complied with the required steps. Should they be found to be employing an individual without their identity and eligibility being checked correctly in accordance with legislation and this guidance, the employer will not have a statutory excuse in the event the individual is found to be working illegally by reason of their immigration status.

3. Documents

3.1 For the purposes of verifying identity for RTW checks through IDVT, only the following specified documents can be accepted:

valid British passports

valid Irish passports

valid Irish passport cards

3.2 For employers to be able to rely upon the IDVT identity check carried out by an IDSP to prove eligibility for the purpose of a RTW check and obtain a statutory excuse, a valid British or Irish passport (including passport cards) must be provided to the IDSP and checked by them using IDVT for the purposes of identity verification.

3.3 If an individual is reliant upon an expired British or Irish passport (including passport cards) to prove their eligibility for the purpose of a RTW check, an IDVT check is not valid. The employer will need to carry out a manual check of the original document in the prescribed manner to obtain a statutory excuse.

4. Required steps to be taken by the IDSP

4.1 The IDSP must take all reasonable steps to check the validity of the document and take all reasonable steps to verify the prospective employee is the rightful holder of the document. The IDSP must also record in a format that cannot subsequently be altered the date on which the check was carried out.

4.2 For each identity verified by the IDSP using IDVT, the following information must be obtained during the check. This must be provided to the employer (relying party) in a clear, legible format which cannot be altered, and must be stored securely by the relying party in electronic or hard copy for audit and investigation purposes:

5. Required steps to be taken by the employer

5.1 Where an IDSP is used, employers retain obligations that they must comply with under the RTW Scheme. The employer needs to complete the following steps before employment commences to ensure a prescribed check has been undertaken, in order to establish a statutory excuse.

Use an IDSP to check a prospective employee’s valid British or Irish passport (or Irish passport card) using IDVT.

Obtain an output of the IDVT identity check from the IDSP containing a copy of the IDVT identity check, and the document checked, in a clear, legible format that cannot be altered.

Carry out their own due diligence to satisfy themselves to a reasonable belief that their chosen IDSP has completed the check correctly in the prescribed manner.

Satisfy themselves that the photograph and biographic details (for example, date of birth) on the output from the IDVT identity check are consistent with the individual presenting themselves for work (i.e., the information provided by the check relates to the individual and they are not an imposter).

Where names differ between documents, the employer must establish why this is the case and must not employ that individual unless they are satisfied that the documents relate to them. A statutory excuse will not be obtained where it is reasonably apparent that the prospective employee is not the individual linked to the identity which was verified by the IDSP.

Employers must retain this information securely for the duration of employment and for a further two years after the employment has ended. The copy must then be securely destroyed.

The following parts of this guidance set out various recommendations in addition to the requirements set out above.

6. Verifying identities IDSPs

6.1 This guidance recommends that, in order for an IDSP to carry out an identity check, the IDSP should undertake identity verification following GPG45. Verifying an individual’s identity following GPG45 requires IDSPs to follow a process known as ‘identity checking’. This process is made up of 5 parts:

get evidence of the claimed identity

check the evidence is genuine or valid

check the claimed identity has existed over time

check if the claimed identity is at high risk of identity fraud

check that the identity belongs to the person who’s claiming it

6.2 Each step of the process is scored, and these scores are used to determine what Level of Confidence (LoC) has been achieved.

7. Identity profiles

7.1 There are several ways to combine the scores for each part of the identity checking process. These combinations are known as identity profiles. GPG45 has four LoCs. IDSPs can carry out digital identity verification to a range of standards or levels of confidence. The Home Office recommends that employers only accept checks via an IDSP that satisfy a minimum of a Medium LoC.

7.2 This is the minimum LoC recommended for RTW checks. Employers may choose an IDSP who proofs individuals to a higher LoC (i.e., in employment situations, where there may be a requirement for a Standard, Enhanced, or Enhanced with Barred Lists DBS check) if their business needs require, but this is not needed for the purposes of undertaking eligibility checks for RTW.

7.3 An activity history or identity fraud check is not required to meet some identity profiles. The Home Office recommends, where possible, an identity fraud check is undertaken on the claimed identity for all profiles, including those where GPG45 profile does not require it.

7.4 GPG45 treats all profiles within a level of confidence as being equal. The Home Office recommends that the strongest piece of evidence available is used to prove the identity exists, such as a passport, and the strongest method of matching the individual to this evidence.

8. Operational Procedures Manual (OPM) for identity verification

8.1 The OPM (available at Appendix A) details how IDSPs can complete identity verification to the recommended LoC, in relation to GPG45.

9. Certification and audit of IDSPs

9.1 Whilst it is not mandatory for employers to use a certified IDSP for the purposes of right to work checks, the Home Office recommends employers use a certified IDSP. This will provide assurance that their chosen IDSP has been independently assessed as being capable of providing ID verification services in accordance with this guidance and the standards set out in the trust framework. However, as set out above and regardless of whether or not the IDSP is certified, the responsibility for the check remains with the employer, and they must ensure the IDSP they select to complete the identity verification element of the check carries out a prescribed check prior to the commencement of employment.

9.2 The UKDIATF is currently in its ‘beta’ version (v0.3) following two earlier prototypes (or ‘alphas’). IDSPs who choose to become certified, to carry out RTW checks on behalf of employers must have a valid certificate against a current version of the UKDIATF. To remain certified, IDSPs must maintain their UKDIATF certification, including uplifting to any new publications in line with the dates specified within the UKDIATF, IDSPs will be required to undertake annual surveillance audits and biennial recertification against the version of the UKDIATF which is current at the time.

9.4 In addition to this guidance, an Operational Procedures Manual (OPM) is available at Appendix A for IDSPs. The OPM provides additional guidance around how to verify an individual’s identity, alongside how GPG45 should be used to meet government guidance for digital identity verification.

9.5 IDSPs who choose to become certified will be certified by an independent certification body to assure that they are capable of providing identity verification services in accordance with this guidance and meet the standards set out in the UKDIATF. Further information about the certification bodies available to certify IDSPs can be found here .

9.6 This guidance recommends that, in order for an IDSP to carry out an identity check, the IDSP should undertake identity verification following GPG45. The Home Office has adopted specific profiles of GPG45 as the basis of this guidance for IDSPs carrying out RTW checks. This guidance is consistent with the standards set out in the UKDIATF.

9.7 Therefore, IDSPs that are certified and assessed to meet the terms of the UKDIATF, and whose certification includes those specific profiles, will be able to demonstrate to employers that they are capable of complying with this guidance.

9.8 Certified IDSPs carrying out identity verification for RTW checks must be:

9.8.1 Certified they are aware of the purpose of the checks (i.e., to demonstrate they know that the identity checking is to determine eligibility to work in the UK. IDSPs must be aware and acknowledge the sanctions and criminal offences that supplement the RTW Scheme and identity checking in the event of noncompliance.

9.8.2 Certified that the requirements in 9.8.1 are also met by ensuring appropriate training of their employees and members of staff involved in the identity checking process, with appropriate records maintained of such training.

9.8.3 Certified to demonstrate the information security requirements in section 10.1 –10.2 are met.

9.8.4 Certified to demonstrate the identity assurance requirements in 11.1 – 11.3 are met.

10. Certified against industry standards for information security

10.1 Certified IDSPs must have appropriate information security management systems in place to look after people’s data and keep it secure.

10.2 They must be certified to confirm that they meet an industry standard for information security management. This involves demonstrating that they have adequate processes in place to look after information securely and safely, and how they set up, maintain, and continuously improve an information security management system (ISMS). The ISMS must meet the requirements of ISO/IEC 27001:2013 or another recognised standard that includes all the requirements of ISO/IEC 27001:2013.

11. Certified against government standards for identity assurance

11.1 Certified companies also have to be certified by an independent certification body, to assure that their service meets recommended Home Office standards for identity assurance.

11.2 Certification must be conducted by a certification body which is approved by the Department for Science, Innovation and Technology (DSIT). This will require the certification body to be accredited by, or part of the pilot assessment to become accredited by the United Kingdom Accreditation Service (UKAS) against the UKDIATF.

11.3 Certification will confirm the IDSP meets the recommended standards set out in this guidance, for example, that they have reached a medium level of confidence and identify profiles required.

Appendix A: Right to Work Scheme digital identity operational procedures manual (OPM)

1.1 This OPM provides additional guidance for identity service providers (IDSPs) to undertake identity verification, on behalf of employers for the purposes of verifying an individual’s identity, as part of a right to work (RTW) check.

1.2 This OPM references the UK digital identity and attributes trust framework (UKDIATF) and the Government Good Practice Guide 45 (GPG45).

1.3 Therefore, the UKDIATF and GPG45 should be followed as normal unless otherwise specified.

2. Verifying identities

2.1 This section should be read with reference to the guidance in Annex D above.

Choosing an identity profile

2.2 GPG45 treats all profiles within a Level of Confidence (LoC) as being equal. Home Office recommends that the strongest piece of evidence available is used to prove the identity exists (for example, a valid passport), and the strongest method of matching the individual to this evidence.

Medium level of confidence

2.3 To achieve a ‘medium’ level of confidence, the following profiles can be used. A single document is acceptable using digital means, as long as it meets the strength, validity, and verification scores detailed below.

2.4 Profiles marked as ‘M1’ only require a single high-strength document. Profiles marked as ‘M2’ require two documents - the second document is only checked for ‘Strength’ and ‘Genuine / Valid’. Profiles marked ‘M3A’ require three documents.

2.5 Although some identity profiles do not require an activity history or identity fraud check to be completed, the Home Office recommends, where possible, an identity fraud check is undertaken on the claimed identity for all profiles, including those where GPG45 profile does not require it.

3. Scoring identity evidence

3.1 GPG45 provides a detailed explanation of how identity evidence is scored. This document details specific guidelines applicable to Home Office RTW check requirements. Home Office guidance may restrict how evidence is scored or may provide additional guidance where it is considered that GPG45 does not provide sufficient clarity to enable IDSPs to operate as Home Office intends.

3.2 Where an IDSP is certified, they will have a valid certificate against a current version of the UKDIATF, following GPG 45 guidance as specified in a current version of the UKDIATF, and must, therefore, refer to the published versions of both UKDIATF and GPG45.

3.3 IDSPs applying to become certified will be required to undergo a specific audit and certification.

3.4 In so doing, IDSPs must be certified by an independent certification body, which is approved by the Department for Science, Innovation and Technology (DSIT). This will require the certification body to be accredited by, or part of the pilot assessment programme to become accredited by the United Kingdom Accreditation Service (UKAS) against the UKDIATF. Certification will confirm the IDSP has been independently assessed as being capable of providing ID verification services in accordance with this guidance and the standards set out in the UKDIATF.

3.5 The following information provides additional clarity to enable IDSPs to operate as Home Office intends. Please note, headings correlate to those within GPG45.

Get evidence of the claimed identity:

3.6 No amended or supplementary requirements to GPG45.

If the user has changed their name:

3.7 No amended or supplementary requirements to GPG45.

Scoring evidence of the claimed identity:

3.8 score 1.

Evidence that only score 1 are not acceptable.

3.9 Score 2

No amended or supplementary requirements to GPG45.

3.10 Score 3

3.11 score 4, check the evidence is genuine or valid:, 3.12 score 1, 3.13 score 2.

Detailed below are some clarifications to the GPG45 requirements and a number of examples.

If the evidence is being checked by a person, they must:

be trained in how to detect false documents by a specialist trainer; evidence of the trainer’s specialist capability will be required to be presented to the certification auditor

refresh their training at least every 3 years

All other requirements are as documented in GPG45.

3.14 Score 3

The requirement to confirm any physical security features are genuine and assess UV or IR security features is for physical, in person checks only.

Any evidence protected by cryptographic security features will have a score of 3 if it is ensured that these security features are genuine. Therefore, for a mobile-based automated process, mobile chip checking capability must be used to obtain a minimum score of 3.

All requirements are as documented in GPG45.

3.15 Score 4

Document validation technology:.

3.16 Please refer to Identity Document Validation Technology guidance .

Check the claimed identity has existed over time – activity history

3.17 No amended or supplementary requirements to GPG45.

Check if the claimed identity is at higher risk of identity fraud

3.18 The Home Office recommends an identity fraud check is undertaken on the claimed identity for all profiles, including those where GPG45 profile does not require it.

Check that the identity belongs to the person who’s claiming

3.19 The Home Office recommends the highest-strength identity document available is used to prove the identity belongs to the individual claiming it.

This means that biometric verification of an individual should be used where documents containing biometric information have been used to prove the identity is real. Sources such as digital authentication of bank accounts as verification of identity are preferred to knowledge-based verification (KBV) as they present a simpler user journey and are less susceptible to user error. All other requirements are as documented in GPG45.

Reusable Identities

IDSPs or attribute service providers who want to create a reusable digital identity or attribute service, must link the digital identity and/or attributes to an authenticator (such as a password, piece of software, or device).

In addition to GPG45, you must follow the guidance on using authenticators to protect an online service . This is also known as GPG44.

The reusable digital identity must be protected in accordance with GPG44 medium protection and include medium quality authentication factors as a minimum. It is recommended that one of the authentication factors used is biometric information.

Right to work checks and an employer’s statutory excuse against liability for a civil penalty are not transferrable from one employer to another.

The IDSP must be able to assure the employer, at the time the identity is asserted, that there exists in relation to the employee a relevant IDVT document. A relevant IDVT document is a current British or Irish passport (or Irish passport card). If the document has expired the assertion is not valid for the purposes of the Scheme. The check must be completed prior to the commencement of employment.

It is the responsibility of the IDSP to ensure that the asserted identity meets the identity assurance requirements and the prescribed requirements specified in legislation and this guidance at the time the identity is asserted. An employer will only obtain a statutory excuse if they are reasonably satisfied that the IDSP has complied with the requirements of the Scheme at the time the identity is asserted.

Further information on the required steps to be taken by an IDSP and an employer when carrying out the checks in line with the requirements of the Scheme can be found in sections 4 and 5 of Annex C in this guidance.

Appendix B: Glossary

Certification.

Is when an independent auditor checks that organisations follow the rules of the trust framework.

Independent certification builds trust that approved IDSPs will protect an individual’s privacy and keep their data safe and secure.

Certification will be undertaken by an independent certification body to assure their service is capable of providing ID verification services in accordance with this guidance and the standards set out in the UKDIATF.

Disclosure and Barring Service

The Disclosure and Barring Service (DBS delivers disclosure and barring functions on behalf of government. This includes DBS checks for England, Wales, Jersey, Guernsey, and the Isle of Man, and barring functions for England, Wales, and Northern Ireland. More information about DBS and their work to make recruitment safer can be found on the DBS website .

Enhanced DBS check/certificate

An Enhanced DBS certificate is a DBS product that shows spent and unspent convictions, cautions plus any information held by local police that is considered relevant to the role being applied for.

Enhanced with Barred Lists DBS check/certificate

An Enhanced with Barred Lists DBS certificate is a DBS product that shows the same as an Enhanced DBS certificate, alongside whether the applicant is on the Adults’ Barred List, Children’s Barred List, or both.

Good Practice Guide 45

The Good Practice Guide 45 (GPG45) is the government standard for identity verification, against which IDSPs will be certified.

Identity profile

GPG45 has four levels of confidence in terms of proof of identity. These are:

low confidence

medium confidence

high confidence

very high confidence

This guidance document refers to medium confidence and high confidence only.

There are several ways to combine the scores you get for each part of the identity checking process. These combinations are known as ‘ identity profiles ’.

Identity service providers

An identity service provider (IDSP) is a provider of identity verification services. In the context of this Home Office guidance document, they may be certified to provide identity verification to specific levels of confidence, specified by government standards. IDSPs are sometimes referred to as ‘identity providers’.

Identity verification

Identity verification (IDV) refers to the process of proving that an identity exists and that the individual making the claim is the owner of the identity.

Level of confidence

Completion of the identity proofing process will result in a proof that has a ‘level of confidence’ (LoC). The higher the LoC, the stronger the evidence required to support that LoC. The evidence needed to achieve an LoC is defined within GPG45.

Operational procedures manual

The operational procedures manual (OPM) is a document that provides detailed procedures for IDSPs to meet the Home Office guidance. The OPM aims to aid interpretation of GPG45, to allow IDSPs to develop solutions with certainty and provide a simple reference for auditors to certify against.

Relying party

The role of relying party is defined in the UKDIATF as an organisation that receives, interprets, and, depending on the use case, stores information received from other trust framework organisations. Relying parties do not need to be certified against the UKDIATF. The employer is the relying party when a right to work (RTW) check is carried out.

Standard DBS check/certificate

A Standard DBS certificate is a product of DBS that shows spent and unspent convictions, cautions.

UK digital identity and attributes trust framework

The UK digital identity and attributes trust framework (UKDIATF) is published by the Department for DScience, Innovation and Technology. This guidance is being created in line with the UKDIATF.

11. Annex D: Employment of Ukrainian nationals

Introduction.

In response to the evolving conflict in Ukraine, the Home Office has introduced visa schemes to support Ukrainian nationals, and their family members, to come to the UK. Those who are granted a visa under these schemes are able to work, rent a home, and access, benefits and public services, such as medical treatment and education.

On 14 February 2022, changes were made to the Standard Family Visa route to make it easier for dependants of British citizens who were resident in Ukraine to apply. Successful applicants were issued with a visa in their passport. On 1 March 2022, the scheme was extended to include family members who were not living in the Ukraine as a family unit. Where requirements for a Standard Family Visa were not met, visas were issued in some cases stating Leave Outside the Rules (LOTR). These visas allowed travel to the UK, where they then collect a Biometric Residence Permit (BRP). The Standard Family Visa concession then closed on 4 March 2022, as the established Ukraine Schemes were introduced.

The Ukraine Schemes

On the following dates, further visa routes were launched:

4 March 2022 - the Ukraine Family Scheme

18 March 2022 - the Homes for Ukraine Scheme

3 May 2022 - the Ukraine Extension Scheme

These schemes are fee free and do not include salary or language requirements for applicants.

Under these schemes, successful applicants are able to stay in the UK for up to three years.

Under each scheme individuals are able to work, study, rent a home and access benefits in the UK.

Ukrainians with a valid Ukrainian Passport

A concession to the Ukraine Schemes was introduced on 15 March 2022, which allowed those with a valid Ukrainian passport to submit an application, without attending an overseas Visa Application Centre (VAC) to submit biometrics. Those who are assessed without submitting their biometrics are issued with a permission to travel letter. Permission to travel letters are not evidence of immigration rights to access work benefits and services in the UK.

Since 7 December 2023, the Home Office ceased this concession and aligned the Ukraine scheme application processes with those used by other visa nationals to the UK, requiring all new applicants to attend an overseas VAC to provide their full biometrics prior to the consideration of their application.

If their application is approved, they will need to collect their visa before traveling to the UK. Applicants who applied to the schemes before 7 December 2023 will continue the pathway they used to apply. Therefore, those who have already received a Permission to Travel Letter will still be able to use this to travel to the UK.

On arrival, Border Force should stamp the passport with permission to enter the UK, valid for six months with no restrictions on taking employment or recourse to public funds – Leave Outside the Rules (LOTR). This is a Code 1A or Amended Code 1 endorsement.

Where Border Force have granted LOTR for six months, the individual will need to obtain a Biometric Residence Permit (BRP) which will be endorsed with up to 36-month permission to stay. This can be done at any point during the six-months validity of the stamp.

Those with a stamp or a visa in their valid Ukrainian passport, granting permission to stay under the Ukrainian Schemes, have a time-limited right to work. If an employer manually checks this document as outlined in this guidance and records it correctly, this will give them a time-limited statutory excuse. These endorsements are already included in the acceptable documents for a manual check under Annex A of this guidance, List B, Group 1, Number 1.

Employers will need to carry out a follow-up check of those individuals who have time-limited permission to work in the UK. This should occur when their previous permission comes to an end. All Ukrainian nationals arriving under the Schemes should obtain a BRP granting them up to 3 years (36 months) leave. BRP holders will need to use the Home Office online checking service as set out in this guidance to prove their right to work in the UK.

Example Code 1A and Code 1 stamps, endorsed with an Immigration Officer’s date stamp

In a small number of cases, when the Schemes went live, a Code 1A was not available, in place of this a Code 1 was used with the “no recourse to public funds” scored out in ink and possibly initialled by the Officer.

Similarly, a Code1/Code 1A may have been endorsed in Ukrainian passports, if those individuals had entry stamps to Ireland from 25 February 2022. The stamps were manually amended from ‘Leave to enter’ to ‘Leave to remain’ possibly with the Officer’s initials.

There may be situations in which you identify an individual who has an Irish entry stamp in their passport but does not have a Code 1/Code 1A stamp and does not hold any other form of permission to stay in the UK. In these situations, you must point the individual to the Home Office to make an application to stay in the UK.

Any prospective employee who is a Ukrainian national, who has not applied for permission to stay in the UK, will not have a right to work. This means you should not employ them until they have taken action to regularise their status in the UK.

Example Ukraine Scheme Entry Clearance Vignette / Visa

Ukrainian nationals who do not have a valid Ukrainian passport

If an individual does not have a valid Ukrainian passport, they will be required to provide their biometric information at a VAC and will then be provided with an entry clearance vignette attached to a ‘Form for Affixing the Visa’ (FAV). Shortly after arrival, a BRP is available for collection, and this can be used to access the Home Office online checking service as set out in guidance to prove a right to work. Where necessary, individuals can use their FAV document as proof of their right to work, in conjunction with confirmation from the Home Office Employer Checking Service (ECS) in the form of a Positive Verification Notice (PVN).

Therefore, once an individual with an entry clearance vignette attached to a FAV is in the UK, they are expected to collect their BRP urgently, which can be used for right to work checks as normal, and a statutory excuse obtained for the full period of permission to stay. This means, once they have collected their BRP employers are not required to make a check with the ECS. Where employers contact the ECS and Home Office systems show that the individual has a BRP available, employers will receive a response from the ECS directing them to advise the individual to collect their BRP and prove their right to work using the Home Office online checking service. In this scenario ECS will not issue a PVN to provide a statutory excuse and employers should use the online checking service.

Example of a Form for Affixing the Visa (FAV)

as defined by Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “TUPE Regulations”)  ↩

The employment protections set out in Regulations 4 (continuation of employment) and 7 (protection from dismissal) of the TUPE Regulations are dis-applied in Regulation 8(7) cases.  ↩

‘Definition includes those with a document which shows that the holder is entitled to readmission to the UK (RUK endorsement)’.  ↩

Definition includes a full birth certificate issued by a UK diplomatic mission (British Embassy or British High Commission) and consular birth certificates.  ↩

This includes a current passport endorsed with a stamp showing an individual has been granted leave to enter and there are no work-related conditions attached. If, under the conditions of the individual’s leave, work was restricted or prohibited the endorsement placed in the individual’s passport would explicitly set that out as a condition.  ↩

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