Guide
Right to Work Check Guide
Ensuring every employee has the legal right to work in the UK is a core duty for all employers. A correctly completed check provides a statutory excuse against civil penalties; a missed or defective check leaves the business exposed.
Right to Work Check Guide
All UK employers are required to check that every person they employ has the legal right to work in the United Kingdom before their employment begins. The framework sits under sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 and the supporting Home Office guidance for employers. A correctly completed check provides a statutory excuse against civil penalties for illegal working, while a missed or defective check leaves the employer exposed even where the worker genuinely had permission. Civil penalties have been set since February 2024 at up to £45,000 per worker for a first breach and up to £60,000 per worker for repeat breaches. This guide explains the three permitted check methods, what to do for time-limited permission, how long records must be kept, and the most common employer mistakes. It also reflects proposed changes to expand right to work checks to wider working arrangements — expected around 1 October 2026 but not yet in force at the time of writing. Always check gov.uk for the latest position before relying on this guide.
The Checklist
- 1
Choose the correct check method for the worker
There are three permitted methods: a manual check of original List A or List B documents, an online check using a Home Office share code (for holders of digital immigration status, including eVisa holders), or an identity check via a certified Identity Document Validation Technology (IDVT) provider (available for British and Irish passport holders). The method depends on the worker's nationality and status, and using the wrong method can mean no statutory excuse is obtained.
- 2
Obtain and verify the worker's evidence
For a manual check, see the original documents in the worker's presence, check they are genuine and belong to the worker, and retain a clear copy. For an online check, ask the worker to generate a share code at gov.uk/prove-right-to-work and verify the resulting profile photo matches the worker. For an IDVT check, follow the provider's verification flow and retain the IDVT output.
- 3
Record the date the check was completed
The check must be carried out and recorded before employment starts. Note the date the check was completed on the copy of the evidence; this date is the anchor for any follow-up checks and for the statutory excuse. Late or back-dated checks do not provide a statutory excuse.
- 4
Diarise follow-up checks for time-limited permission
Where the worker's permission to work is time-limited, a follow-up check is required before that permission expires. Failing to complete the follow-up check on time removes the statutory excuse and exposes the employer to a civil penalty if the worker is then found to be working illegally. Diarise expiry dates centrally rather than relying on individual managers.
- 5
Use the Employer Checking Service where needed
If a worker cannot produce acceptable documents — for example because they have an outstanding application, an appeal, or a pending review with the Home Office — request a Positive Verification Notice from the Employer Checking Service. A valid notice provides a statutory excuse for six months from the date of issue, after which the position must be reviewed.
- 6
Retain records securely for the required period
Records of each check must be retained during the worker's employment and for two years after it ends. Records should be stored securely, be readily retrievable for a Home Office compliance visit, and be protected in line with UK data protection requirements. Incomplete or unretrievable records cannot support a statutory excuse.
Common Employer Mistakes
- Accepting expired or incomplete documents. Expired documents do not establish current right to work and the statutory excuse will not be available.
- Failing to carry out follow-up checks on time. Once time-limited permission expires without a fresh check, the statutory excuse is lost from that date.
- Using the wrong check method for the worker's status. Holders of digital immigration status must be checked online via a share code; a manual document check will not give a statutory excuse.
- Poor record retention. Records that cannot be produced for at least two years after employment ends will not support a defence in penalty proceedings.
- Missing sponsor licence reporting duties. Sponsors must also report relevant changes via the Sponsorship Management System; missing reports can lead to licence action separately from any civil penalty.
Frequently Asked Questions
Do I have to do a right to work check on British citizens?
Yes. Right to work checks must be carried out on every prospective employee before employment starts, regardless of nationality, to avoid discrimination and to secure a statutory excuse. For British and Irish citizens this can be a manual document check or an IDVT check via a certified provider.
What is the current civil penalty for employing someone illegally?
Civil penalties were increased with effect from February 2024 and can reach up to £45,000 per worker for a first breach and up to £60,000 per worker for repeat breaches. Figures are set by the Home Office and may be reviewed; always check gov.uk for the current maximum before relying on this guide.
How long must I keep right to work records?
Records must be kept securely throughout the worker's employment and for a further two years after employment ends. They must be retrievable in a format that can be produced to the Home Office on request during a compliance check.
Are right to work checks changing in 2026?
The government has proposed expanding the duty to carry out right to work checks to cover a wider range of working arrangements, including some contractor and online platform relationships, with an expected commencement around 1 October 2026. At the time of writing this had not yet come into force, so employers should check gov.uk for the latest position.
Need Help?
Visa Professionals assists UK employers with right to work checks, sponsor licence applications, Skilled Worker sponsorship, compliance audits, SMS management and Home Office compliance support.
Phone: 0203 137 8699 · Email: info@visaprofessionals.com · Web: visaprofessionals.com
Visa Professionals Ltd is authorised and regulated by the Immigration Advice Authority (IAA) to provide immigration advice and immigration services. IAA Registration Number: F201000109. This guide provides general information only and does not constitute legal or immigration advice. Immigration rules, fees and Home Office guidance change frequently; this page reflects the position as understood at the time of publication. For advice on your specific circumstances, please contact us directly.
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