Guide to Right to Work Checks

Every UK employer must check that a person has permission to undertake the work in question before employing them. The prescribed right to work check can establish a statutory excuse against a civil penalty for illegal working. But retaining a passport copy or immigration document without following the correct checking process may not provide that protection.

This employer guide explains the available checking methods, when checks must take place, what evidence to retain and where businesses commonly encounter problems. For sponsor licence holders, it also explains why a valid right to work check is only one part of wider Home Office compliance.

What is a right to work check?

A right to work check is the prescribed process used to establish whether an individual is permitted to carry out the proposed work in the UK. The employer must check before employment starts and retain the evidence required for the method used. The appropriate method depends on the person's nationality, immigration status and the evidence available.

The current requirements are set out in the Home Office employer's guide to right to work checks and its right to work checklist. Employers should use the current version of those documents when carrying out checks.

Which right to work checking method should an employer use?

Home Office online right to work checks

For people whose immigration status can be verified online, including many eVisa holders and people with EU Settlement Scheme status, the employer uses the Home Office employer checking service online with the worker's right to work share code and date of birth. Check the Home Office result, confirm that the photograph matches the individual, review any restrictions on the work they can undertake and retain the required evidence showing the date of the check.

Do not treat a share code, screenshot supplied by the worker or their own view of their eVisa as a substitute for the employer completing the prescribed online check.

Manual document checks

Manual checks remain available where the individual can present documents included in the Home Office's prescribed lists. British and Irish citizens can commonly demonstrate their right to work using a British or Irish passport, including an expired passport where accepted by the relevant list. Other permitted documents or combinations may also be acceptable, such as a birth or adoption certificate with the required supporting evidence.

Examine the original documents, check that they relate to the person presenting them and that the documents are genuine and unaltered, and retain copies in the required form with a record of the check date. The exact document requirements depend on the relevant Home Office list; do not rely on a simplified list of examples.

Digital verification for eligible British and Irish citizens

Employers may use an eligible digital verification service provider for checks involving qualifying British or Irish passports or Irish passport cards. The employer remains responsible for satisfying the requirements of the prescribed checking process, including verifying that the individual presenting for work matches the identity verified through the service.

A commercial identity check is not automatically a compliant right to work check. Employers should confirm that the service and process meet the current Home Office requirements.

Employer Checking Service (ECS)

In specified circumstances, including some outstanding in-time immigration applications, appeals or administrative reviews, the employer may need to request verification through the Home Office Employer Checking Service. Where a Positive Verification Notice is issued, retain it and arrange any follow-up check required by the relevant rules.

The ECS is not a general alternative whenever an employer finds a right to work check inconvenient. Some individuals with pending applications can be checked directly through the Home Office online service, so employers must use the correct process for the circumstances.

When should right to work checks and follow-up checks take place?

Complete the initial prescribed check before the person starts employment. If a worker has an ongoing right to work established through the appropriate check, a routine follow-up may not be needed. Where permission is time-limited, the employer may need a further check before the statutory excuse expires. The timing and method depend on the worker's circumstances and the evidence obtained, including any Positive Verification Notice.

Employers should record when follow-up action is required, assign responsibility and test whether reminders lead to completed checks. A calendar entry alone does not establish a statutory excuse.

What evidence must employers retain?

Retain the prescribed evidence for the type of check performed, including the result of an online check or copies of accepted documents, together with the date of the check. Keep records securely for the duration of employment and for the retention period required by the current Home Office guidance after employment ends.

Good record-keeping should allow a manager or compliance officer to identify which checking method was used, when the check was completed, what evidence was relied on and whether a follow-up check was necessary.

Common right to work checking mistakes

• Checking after the start date: completing the process after employment has already begun may leave the employer without the required statutory excuse for the earlier period.
• Keeping a document without completing the check: a passport copy or an eVisa screenshot is not proof that the prescribed process was followed.
• Using the wrong method: accepting a physical Biometric Residence Permit or Residence Card instead of completing an appropriate online check.
• Missing follow-up checks: recording visa expiry dates but failing to carry out the correct further check where required.
• Overlooking work restrictions: confirming immigration status without checking whether the individual is permitted to do the proposed work.
• Inconsistent procedures: different branches, hiring managers or HR teams applying different standards and retaining different evidence.

What are the consequences of getting checks wrong?

Where an employer employs someone who is not permitted to undertake the work, and cannot establish a statutory excuse, a civil penalty may apply. The maximum penalty is currently £45,000 per illegal worker for a first breach and £60,000 for a repeat breach, subject to the applicable code and circumstances. More serious consequences may arise in cases involving knowing employment of illegal workers, and sponsor licence holders can face separate compliance action.

A defective check does not automatically mean the person was working illegally. However, it may leave the business unable to rely on the statutory excuse if illegal working is identified. That distinction is important when assessing historic records and deciding what action is needed.

Right to work checks and sponsor licence compliance are not the same thing

An employee may have valid immigration permission and a properly completed right to work check while the employer is still breaching its sponsor duties. For example, the sponsored worker's actual duties, hours, salary or location may differ from the Certificate of Sponsorship, or a reportable change may not have been reported through SMS.

That is why employers holding a sponsor licence should review right to work processes alongside sponsored-worker records, payroll, reporting and management oversight. Immtell's sponsor compliance support brings these checks together rather than treating right to work as an isolated administrative exercise.

Ewen McKenzie: what a Home Office compliance officer looks for

Ewen McKenzie, Immtell's Head of Sponsor Compliance, is a former Home Office Regional Compliance Manager who led teams carrying out sponsor compliance visits. He leads our mock audits, Desktop Salary Reviews and practical compliance support for employers.

Meet Ewen McKenzie, Head of Sponsor Compliance

How Immtell helps employers strengthen right to work compliance

Immtell reviews how your organisation conducts and records right to work checks, whether follow-up checks are completed, how different teams apply the process and whether the evidence would stand up to Home Office scrutiny. For sponsor licence holders, Ewen can also test worker files, payroll and SMS reporting as part of a wider mock compliance audit, with findings and a prioritised improvement plan.

We provide training for HR teams, managers and sponsor licence key personnel, together with ongoing support to help businesses put workable processes in place. Immtell is led by Gavin Webster, who has 23 years of UK immigration experience, including 13 years with the Home Office.

Frequently asked questions

When must an employer carry out a right to work check?

The prescribed check must normally be completed before employment starts. A further check may be required where the worker has time-limited permission, depending on the evidence and statutory excuse obtained.

What are the main ways to check right to work?

Employers may use the Home Office online service, a prescribed manual document check, or an eligible digital verification service for British and Irish passport holders. The Employer Checking Service is used in specified circumstances where direct evidence is not available.

Can an employer accept a Biometric Residence Permit as proof of right to work?

Physical Biometric Residence Permits and Biometric Residence Cards are not acceptable evidence for prescribed right to work checks. Where appropriate, use the Home Office online service to check digital immigration status.

Do employers need to check British and Irish citizens?

Employers must carry out a prescribed right to work check for all employees before employment begins. British and Irish citizens can generally evidence their status through permitted documents or an eligible digital verification service.

What is a statutory excuse against an illegal working civil penalty?

It is the protection an employer can establish by completing and retaining evidence of the prescribed right to work check correctly, and carrying out required follow-up checks. It is not a general guarantee against other enforcement action.

Is a right to work check enough for a sponsor licence holder?

A right to work check establishes the relevant statutory excuse, but sponsor licence holders must separately meet sponsor duties, including keeping required records, reporting relevant changes and ensuring sponsored work matches the conditions of sponsorship.