Right to Work Check

Overview

Employers in the UK must carry out Right to Work Checks to ensure their employees are legally allowed to work in the UK. Following the prescribed Home Office procedures and maintaining accurate records provides employers with a “statutory excuse”. This protects them from significant civil penalties if an employee is later found to be working illegally.

This guide provides a step-by-step process to help employers comply with current UK immigration laws.

The Checking Methods

Employers must use the appropriate Right to Work checking method based on the individual’s nationality, immigration status, and available documents. There are four main checking pathways. The check must always be completed before employment begins.

1. The Home Office Online Service (For eVisas)

This method must normally be used for individuals who hold a digital immigration status (an eVisa). Physical Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) can no longer be used to establish a statutory excuse through a manual check.

• Obtain a share code: Ask the employee for their valid share code and date of birth.
• Check the portal: Use these details to access their Right to Work information through the official GOV.UK employer checking service.
• Verify identity: Confirm that the photograph shown in the online profile matches the individual presenting themselves for work. This must be completed in person or through a live video connection.
• Retain evidence: Save a secure, dated copy of the online profile as evidence that the check was completed.

2. Digital Checks via IDSPs (For British and Irish Citizens)

Employers can use certified Identity Service Providers (IDSPs) that use Identity Document Validation Technology (IDVT) to digitally verify the identity of British and Irish citizens who hold a valid passport or an Irish passport card.

The employer remains legally responsible for ensuring that the Right to Work check is completed correctly. The employer must also confirm that the photograph matches the individual presenting themselves for work.

3. Manual Document Checks (For Acceptable Physical Documents)

Where a manual check is permitted, employers must request acceptable physical documents from the employee. Only documents included in the official Home Office lists can establish a statutory excuse.

• Obtain Original Documents: Request documents from List A (proving an indefinite right to work, such as a British passport or evidence of indefinite leave to remain) or List B (proving a temporary right to work).
• Check Validity: Examine the original documents carefully in the presence of the applicant. Ensure they are genuine, photographs and dates of birth are consistent, and the documents have not been altered or tampered with. Check that any relevant endorsements allow the individual to perform the work being offered.
• Make and Retain Copies: Make clear, unalterable copies of the required documents (for example, the personal details page of a passport) and store them securely.
• Record the Date: Document the exact date on which the check was completed.

4. The Employer Checking Service (ECS)

Employers may need to use the Employer Checking Service if an individual has an outstanding immigration application, appeal, or administrative review and cannot provide evidence through the usual online or manual methods.

If the Home Office issues a Positive Verification Notice (PVN), the employer must retain it as part of the employee’s records. A PVN usually provides a statutory excuse for six months, after which a further check may be required.

Follow-Up Checks for Time-Limited Visas

For employees with time-limited permission to work, employers must conduct a follow-up check before the employee’s permission expires using the appropriate prescribed method. In many cases, this will involve a new online check.

Important Exception for the EU Settlement Scheme (EUSS): Employers are no longer required to carry out repeat Right to Work checks for employees who hold settled or pre-settled status under the EUSS, provided that the initial check was completed correctly before employment began.

Retention Period

Employers must keep copies of Right to Work documents and related records securely for the duration of the employee’s employment and for two years after employment ends.

Records should include:

• Copies of the documents or online profile used during the check.
• The exact date the check was completed.
• Any relevant correspondence or Positive Verification Notices issued by the Home Office.

Penalties for Non-Compliance

Failing to conduct a compliant Right to Work Check can result in severe penalties, including:

• A civil penalty of up to £45,000 per illegal worker for a first breach.
• A civil penalty of up to £60,000 per illegal worker for a repeat breach within the applicable three-year period.
• Criminal liability under the Immigration, Asylum and Nationality Act 2006 where an employer knowingly employs a person who does not have the right to work, or has reasonable cause to believe that the individual is disqualified from working in the UK. Penalties may include imprisonment and an unlimited fine.
• Suspension or revocation of a sponsor licence.
• Significant damage to the company’s reputation and its ability to recruit and sponsor overseas workers in the future.

Best Practices

• Consistent Processes: Implement a standardized process for conducting and recording checks before employment begins.
• Regular Training: Ensure that staff responsible for recruitment are regularly trained on Right to Work requirements, especially regarding online checking requirements, acceptable documents, and digital immigration status.
• Secure Record-Keeping: Store all Right to Work records securely and ensure they can be produced quickly if requested by immigration enforcement officers.

Written on: 15 August 2026