Right to Work Check (UK)
A mandatory pre-employment verification process in the United Kingdom requiring employers to confirm that every prospective employee has the legal right to work in the UK before their employment starts, with civil penalties of up to 60,000 GBP per illegal worker for non-compliance.
- What Is a Right to Work Check?
- Three Methods for Conducting Right to Work Checks
- Acceptable Documents for Manual Checks
- Step-by-Step: Conducting a Manual Right to Work Check
- Follow-Up Checks for Time-Limited Permission
- Civil and Criminal Penalties
- Avoiding Discrimination During Right to Work Checks
- Right to Work Check Best Practices for HR Teams
- UK Right to Work Enforcement Statistics [2026]
- Frequently Asked Questions About Right to Work Checks (UK)
What Is a Right to Work Check?
Key Takeaways
- ✓A right to work check is a legal obligation under the Immigration, Asylum and Nationality Act 2006, requiring every UK employer to verify that a prospective employee is legally permitted to work in the United Kingdom before employment begins.
- ✓The check must be completed before the first day of paid work. Conducting it after employment starts means the employer has already committed the offense of hiring an illegal worker, even if the person turns out to have valid immigration status.
- ✓There are three methods: manual document checks, online checks via the Home Office service (using a share code), and Identity Document Validation Technology (IDVT) through a certified Identity Service Provider (IDSP) for British and Irish citizens.
- ✓Employers who conduct checks correctly and on time receive a "statutory excuse," which protects them from civil penalties if the worker is later found to be working illegally.
- ✓The penalty regime increased significantly in February 2024. First-offense penalties rose from 15,000 GBP to 45,000 GBP per illegal worker, and repeat offenses from 20,000 GBP to 60,000 GBP per worker.
Right to work checks exist because UK immigration law makes it a criminal and civil offense for employers to hire people who don't have permission to work in the country. The employer is liable, not just the worker. This creates a compliance obligation that applies to every single hire, from CEOs to temporary cleaners. It doesn't matter if the person is a British citizen born in London or an international worker on a Skilled Worker visa. Every person gets checked. The system serves a dual purpose: it helps enforce immigration law, and it protects employers who do their due diligence. The "statutory excuse" is the key concept. If you conduct the right check, at the right time, in the right way, and keep the right records, you're protected from civil penalties even if you unknowingly hire someone without valid work permission. But the excuse only works if you follow the prescribed process exactly. A sloppy check, a late check, or missing documentation means no statutory excuse and full penalty exposure.
Three Methods for Conducting Right to Work Checks
Since April 2022, the UK has had three distinct methods for verifying right to work. Each applies to different categories of workers, and employers can't simply choose whichever method they prefer.
Manual document check
The traditional method. The employer obtains original documents from the worker (not copies, not photos), checks them in the person's presence, verifies they appear genuine and belong to that person, and makes a clear copy (scan or photograph) of every document with the date of the check recorded. Acceptable documents are specified in the Home Office's published lists. List A documents (British passport, permanent residence card) establish an ongoing right to work with no need for follow-up. List B documents (visa-restricted passports, Biometric Residence Permits with expiry dates) establish a time-limited right requiring a follow-up check before the permission expires. The check must be done no more than 28 days before employment starts.
Home Office online check
Workers with an eVisa, Biometric Residence Permit, status under the EU Settlement Scheme, or a visa issued via the UK's online immigration system can generate a share code at gov.uk/prove-right-to-work. The employer enters the share code and the worker's date of birth on the employer's right to work checking service. The system returns the worker's photo, name, and work entitlement details. The employer must verify the photo matches the person and record the check. This method is mandatory for certain categories. Workers with eVisas who don't hold physical documents can only be checked online. From 2025, the Home Office is migrating all immigration permissions to the eVisa system, making online checks the default for most non-British/Irish workers.
Identity Document Validation Technology (IDVT)
Available only for British and Irish passport holders (including Irish passport card holders). Employers use a certified Identity Service Provider (IDSP) to verify the person's identity remotely by scanning their biometric passport chip. This enables fully remote onboarding without the need for an in-person document check. The IDSP verifies the document is genuine and confirms the person's identity through biometric matching. The employer must retain the IDSP's confirmation as their record of the check. A list of certified IDSPs is published by the Department for Science, Innovation and Technology.
Acceptable Documents for Manual Checks
The Home Office publishes two lists of acceptable documents. Using documents not on these lists won't establish a statutory excuse.
| List | Document Examples | Right to Work | Follow-up Required? |
|---|---|---|---|
| List A | UK/Irish passport (current or expired), Certificate of registration/naturalisation as British citizen, Permanent Residence Card | Ongoing/indefinite | No |
| List A | Irish passport card, UK birth/adoption certificate combined with NI number evidence | Ongoing/indefinite | No |
| List B (Group 1) | Passport with current visa endorsement, Biometric Residence Permit with work permission | Time-limited | Yes, before expiry |
| List B (Group 2) | Positive Verification Notice from the Employer Checking Service (valid 6 months) | Time-limited | Yes, every 6 months |
Step-by-Step: Conducting a Manual Right to Work Check
The three-step process must be followed precisely. Missing any step means no statutory excuse.
Step 1: Obtain original documents
Ask the worker to provide original documents from List A or List B. You need either one document from List A (a UK passport alone is sufficient) or a specified combination from List B (for example, a passport showing work permission plus a document showing the person's NI number). You can't request specific documents. If the worker provides a valid document from the acceptable list, you must accept it. Requesting a passport specifically when the person has offered a birth certificate plus NI number evidence could constitute discrimination under the Equality Act 2010.
Step 2: Check documents in the person's presence
Examine each document with the worker present (video call is acceptable for online checks and IDVT). Verify the photographs and dates of birth are consistent across documents and match the person. Check the documents haven't been tampered with. Confirm names match across all documents (if names differ, ask for supporting evidence such as a marriage certificate). Check expiry dates. For work visas, confirm the type of work and any restrictions. If anything looks wrong or inconsistent, don't accept the documents. Contact the Home Office Employer Checking Service before proceeding.
Step 3: Copy and retain
Make a clear copy of every document: for passports, copy the front cover and the page with personal details and photo. For Biometric Residence Permits and residence cards, copy both sides. For all other documents, copy the entire document. Record the date you made the check on the copy or digital file. Keep copies throughout the person's employment and for two years after employment ends. These records must be available for Home Office inspection. If you used the online checking service, print or save a PDF of the response page with the worker's photo, work entitlement details, and the date of the check.
Follow-Up Checks for Time-Limited Permission
When a worker has time-limited permission to work (List B documents), the employer must conduct a follow-up check before that permission expires. Missing a follow-up check is treated the same as not conducting a check at all.
When to conduct follow-up checks
For List B Group 1 documents (visa-endorsed passports, BRPs), conduct the follow-up before the visa or BRP expiry date. For List B Group 2 documents (Positive Verification Notice), conduct the follow-up every six months. Set calendar reminders at least 60 days before expiry to give yourself time to complete the process. If a worker's visa expires and they've applied for an extension (evidenced by a Certificate of Application or pending application status), use the Employer Checking Service to verify their right to continue working while the application is pending.
What happens if permission expires mid-employment
If a follow-up check reveals the worker no longer has permission to work, the employer must not continue to employ them. Continuing employment after discovering that a worker lacks valid permission is a criminal offense carrying up to 5 years' imprisonment. However, if the worker has applied for an extension before their current permission expired (a "section 3C" continuation), they typically retain the right to work on the same terms until a decision is made. Verify this through the Employer Checking Service.
Civil and Criminal Penalties
The Home Office overhauled the penalty regime in February 2024, tripling the maximum fines. The message was clear: non-compliance is expensive.
| Offense Type | First Offense | Repeat Offense | Notes |
|---|---|---|---|
| Civil penalty (per illegal worker) | Up to 45,000 GBP | Up to 60,000 GBP | Tripled from 15K/20K in Feb 2024 |
| Knowingly employing illegal worker (criminal) | Unlimited fine and/or up to 5 years' imprisonment | Same | Immigration, Asylum and Nationality Act 2006, s.21 |
| Document fraud (worker) | Up to 2 years' imprisonment | Same | Identity Documents Act 2010 |
| Failure to retain records | Loss of statutory excuse | Loss of statutory excuse | No separate fine, but exposed to civil penalty |
Avoiding Discrimination During Right to Work Checks
The right to work check process creates significant discrimination risk if not handled carefully. The Equality Act 2010 prohibits discrimination on the basis of race, nationality, and ethnic origin, and immigration checks sit directly in that danger zone.
Check every person equally
Conduct the same check for every prospective employee regardless of their name, appearance, accent, or perceived nationality. Checking only workers who "look foreign" or have non-British names is direct racial discrimination. The simplest way to avoid this: make right to work checks a standard, documented step in your onboarding process that applies to 100% of hires. The Home Office's own guidance explicitly states that employers must not treat individuals differently based on their appearance, nationality, or ethnic origin.
Accept valid documents without preference
If a worker presents a valid document from the acceptable list, you must accept it. You can't insist on seeing a passport if the worker has provided a birth certificate and NI number combination that appears on List A. Requesting specific document types based on a worker's perceived background can constitute discrimination. Similarly, you can't refuse to accept a document because it's from a country you're unfamiliar with if it appears on the Home Office's acceptable document list.
Pre-employment enquiries
You can ask candidates during recruitment whether they have the right to work in the UK and whether they need visa sponsorship. These are legitimate questions. You can't ask about their nationality, country of birth, or immigration history as screening criteria. Focus on the outcome (can they legally work here?) rather than the characteristics (where are they from?). Document your process to demonstrate consistent treatment across all candidates.
Right to Work Check Best Practices for HR Teams
Building a reliable right to work checking process prevents penalties and protects both the employer and the workers being checked.
- Complete the check before the first day of paid work. Not the first week. Not after induction. Before any work happens. This is the single most important timing requirement.
- Designate trained staff to conduct checks. Don't leave it to hiring managers who may not know what valid documents look like or how to spot inconsistencies.
- Use the Home Office's online checking service wherever possible. It's faster, creates a digital audit trail, and eliminates the risk of accepting forged physical documents.
- Maintain a tracking system for follow-up check dates. Set alerts at 90, 60, and 30 days before visa expiry dates. One missed follow-up eliminates your statutory excuse.
- Store copies of documents securely in compliance with UK GDPR. Right to work records contain sensitive personal data (immigration status, passport details) and must be protected accordingly.
- Keep records for two years after employment ends. Not longer (data minimization under GDPR) and not shorter (Home Office inspection window).
- Audit your checking process annually. Review a sample of personnel files to verify copies are on file, dates are recorded, and follow-up checks were conducted on time.
UK Right to Work Enforcement Statistics [2026]
Home Office enforcement activity shows these aren't theoretical penalties. Businesses across the UK face real consequences for non-compliance.
Frequently Asked Questions
Do I need to conduct a right to work check on British citizens?
Can I conduct a right to work check by video call?
What should I do if a worker's visa expires and they haven't received a decision on their extension application?
Are right to work checks required for contractors and agency workers?
What is a statutory excuse and how long does it last?
Can I be penalized if I didn't know the worker was illegal?
Written by Adithyan RK