CIVIL SERVICE NATIONALITY RULES GUIDANCE ON …

1 1 CIVIL SERVICE NATIONALITY RULES GUIDANCE ON CHECKING ELIGIBILITY Employment Practice Division CIVIL SERVICE Capability Group Cabinet Office November 2007 2 CIVIL SERVICE NATIONALITY RULES GUIDANCE ON CHECKING ELIGIBILITY INDEX Section 1 Eligibility for employment in the CIVIL SERVICE on the grounds of NATIONALITY Paragraph : Checking eligibility - general Paragraph : UK Nationals Paragraph : Commonwealth Citizens Paragraph : British Protected Persons : Eligibility to work in the United Kingdom generally Commonwealth Citizens and British Protected Persons Paragraph : Irish and other EEA Nationals Paragraph : Worker Registration Scheme Paragraph : Worker Authorisation Scheme Romanian and Bulgarian nationals Paragraph : Swiss Nationals Paragraph : Turkish Nationals Paragraph : Family Members of EEA, Swiss and qualifying Turkish Nationals Paragraph : Stateless Persons Paragraph : Refugees Paragraph : Asylum Seekers Paragraph : Dual NATIONALITY Paragraph : Race Relations Act 1976 Section 2 Employment of nationals from countries not covered in Section 1 Paragraph : Overseas Postings Paragraph : Aliens Certificates Section 3 Reserved Posts Paragraph : Reserved Posts Paragraph : Reserved Posts Additional Restrictions 3 CABINET OFFICE GUIDANCE ON THE CIVIL SERVICE NATIONALITY RULES introduction The CIVIL SERVICE NATIONALITY RULES (Annex A) govern eligibility for employment in the CIVIL SERVICE on the grounds of NATIONALITY and must be followed by government departments and other bodies within the Home CIVIL SERVICE and Diplomatic SERVICE in their recruitment and appointment procedures.

2 This GUIDANCE has been prepared by the Cabinet Office and is intended to assist HR practitioners and other administrators in applying the CIVIL SERVICE NATIONALITY RULES in their pre-appointment procedures. In summary, only nationals from the following countries (or associations of countries) are generally eligible for employment in the CIVIL SERVICE : the United Kingdom (and British protected persons), the Republic of Ireland, the Commonwealth, the European Economic Area (EEA), Switzerland and Turkey1. Certain family members of EEA, Swiss and Turkish nationals are also eligible regardless of their NATIONALITY . Section 1 of the GUIDANCE contains detailed provisions on verifying an applicant s NATIONALITY and thus their eligibility for appointment to the CIVIL SERVICE . There are certain very limited exceptions to the general prohibition on the employment of nationals from other countries.

3 These are set out in detail in Section 2 of the GUIDANCE . Additional restrictions apply in relation to certain sensitive CIVIL SERVICE posts. These are known as reserved posts . Section 3 contains GUIDANCE on eligibility for employment in reserved posts. In general, the CIVIL SERVICE NATIONALITY RULES do not affect the law regarding eligibility to work in the United Kingdom. Where an employing department or agency has established that a candidate who is recommended for appointment satisfies the CIVIL SERVICE NATIONALITY RULES , it must, before appointing that candidate, establish in addition that the candidate can work legally in the United Kingdom. This GUIDANCE does not cover the RULES governing eligibility to work in the United Kingdom. Information and assistance on the application of the law regarding eligibility to work in the United Kingdom can be found on the Home Office website at or by contacting the Employers Helpline on: 0845 010 6677.

4 Enquiries arising from the GUIDANCE or the application of the CIVIL SERVICE NATIONALITY RULES can be sent to 1 The countries of the Commonwealth are listed in Annex B. 4 Section 1 - Eligibility for employment in the CIVIL SERVICE on the grounds of NATIONALITY In general, only nationals from the following countries (and associations of countries) are eligible for employment in the CIVIL SERVICE : the United Kingdom, the Republic of Ireland, the Commonwealth, the EEA, Switzerland and Turkey. Certain family members of EEA, Swiss and Turkish nationals are also eligible regardless of their NATIONALITY . The GUIDANCE contains detailed provisions on determining eligibility on the grounds of NATIONALITY . There are certain very limited exceptions which would permit the employment in the CIVIL SERVICE of nationals from other countries.

5 These exceptions are explained in Section 2 of the GUIDANCE . Checking eligibility general The flowchart at Annex C is designed to assist departments and agencies in determining eligibility on the grounds of NATIONALITY . At the application stage, only an initial eligibility check needs to be made. Unless there is any reason for doubt, a candidate s signed declaration on the application form can be accepted as an indication of eligibility on NATIONALITY grounds. Annex F contains suggested NATIONALITY questions for application forms. Documentary evidence is only required if a candidate is recommended for appointment. Documents produced by candidates must be valid and current. In cases of documents of doubtful validity, and for other advice on NATIONALITY status and letters of confirmation, the Home Office s Border and Immigration Agency should be consulted on 0845 601 2298.

6 UK Nationals UK nationals are in principle eligible for employment in all CIVIL SERVICE posts. Only UK nationals are eligible for employment in reserved posts. Additional NATIONALITY and residency requirements may apply in certain reserved posts. These additional requirements are explained in Section 3 of the GUIDANCE . Family members of UK nationals (who are not themselves UK nationals and do not otherwise satisfy the CIVIL SERVICE NATIONALITY RULES ) are not generally eligible to join the CIVIL The definition of UK national is set out in the UK Declaration on NATIONALITY , made with effect from 1 January 1983 and comprises: British citizens, British subjects under Part IV of the British NATIONALITY Act 1981 having the right of abode in the United Kingdom, and British Overseas Territories citizens. 2 Exceptionally, the family members of a UK national who do not themselves meet the NATIONALITY RULES may be eligible to join the CIVIL SERVICE if the UK national has triggered his or her freedom of movement rights under European Community law (normally by working elsewhere in the EEA for a period).

7 Where a department or agency thinks that an individual may be eligible on these grounds, the Cabinet Office must be consulted in the first instance. 5 The following paragraphs set out the documentary evidence which should be provided by candidates who are recommended for appointment. British citizens born in the United Kingdom British passport confirming birth in the United Kingdom and showing national status as either British citizen or Citizen of the United Kingdom and Colonies ; or letter from the Home Office confirming British citizenship. British citizens born abroad British passport showing national status as either British citizen or Citizen of the United Kingdom and Colonies and, if the latter, containing right of abode endorsement; or letter from the Home Office confirming British citizenship. British citizens by registration or naturalisation naturalisation or registration certificate; or British passport showing national status as either British citizen or Citizen of the United Kingdom and Colonies and, if the latter, containing right of abode endorsement; or letter from the Home Office confirming British citizenship.

8 British Overseas citizens, British Overseas Territories citizens, British Nationals (Overseas) and British subjects British passport showing national status as British Overseas Citizen , British Overseas Territories Citizen , British Nationals (Overseas) or British Subject ; or letter from the Home Office confirming citizenship or status. Usually there will be no restrictions on the entitlement of UK nationals to work in the United Kingdom generally. In cases of doubt, however, the Home Office should be consulted before the appointment is made. Commonwealth Citizens Commonwealth citizens are eligible for employment in all non-reserved posts in the CIVIL SERVICE . They are not eligible for employment in reserved posts unless they were in the CIVIL SERVICE at 31 May 1996 or before, or were appointed from a recruitment scheme with a closing date for receipt of applications before 1 June 1996.

9 In this case, they have a right of access to reserved posts for the duration of their careers provided that there is no break in SERVICE . Family members of Commonwealth citizens who are not themselves Commonwealth citizens and do not otherwise satisfy the CIVIL SERVICE NATIONALITY RULES are not eligible to join the CIVIL SERVICE . 6 A Commonwealth citizen is any person who has the status of a Commonwealth citizen under the British NATIONALITY Act 1981. The territories forming part of the Commonwealth are listed in Annex B of the GUIDANCE . A candidate from a Commonwealth country who is recommended for appointment is required to provide as documentary evidence either a passport, or an official letter from the relevant national authority confirming citizenship. Where a Commonwealth citizen has acquired citizenship of another country by a formal act such as naturalisation (and nationals of that country would not satisfy the CIVIL SERVICE NATIONALITY RULES ), departments and agencies should take care to ensure that the documentary evidence provided by candidates indicates that they have retained their status as a Commonwealth citizen.

10 British Protected Persons British protected persons are eligible for employment in all non-reserved posts in the CIVIL SERVICE . They are not eligible for employment in reserved posts. Family members of British protected persons (who are not themselves British protected persons and do not otherwise satisfy the CIVIL SERVICE NATIONALITY RULES ) are not eligible to join the CIVIL SERVICE . The definition of British protected person is determined under the British NATIONALITY Act 1981. Very few candidates will fall into this category. British protected persons who are recommended for appointment are required to provide either a British passport which demonstrates their status as a British protected person or a letter from the Foreign and Commonwealth Office confirming their status. Eligibility to work in the United Kingdom generally Commonwealth Citizens and British Protected Persons Before appointing candidates who are Commonwealth citizens or British protected persons, departments and agencies must be satisfied that the individuals concerned can work legally in the United Kingdom.