Check Right to Work – UK Employers Full Guide

UK employers face strict legal obligations to verify that every new hire holds the legal right to work in the United Kingdom. These checks, mandated under the Immigration Act 2016, must be completed before the first day of employment and can be conducted through manual document verification, digital identity services, or the Home Office online portal. Failure to comply exposes businesses to substantial civil penalties and potential criminal prosecution.

The regulatory framework requires employers to confirm both the validity of identity documents and the holder’s eligibility to perform the specific work offered. Checks can be performed manually with original documents, digitally via certified Identity Service Providers (IDSPs) for British and Irish citizens, or online using the Home Office View & Prove service for visa holders.

Recent shifts toward digital verification, accelerated by post-Brexit immigration changes, have streamlined processes but introduced new compliance layers. Employers must navigate between maintaining statutory excuse protections and adopting emerging digital technologies.

What is a right to work check?

• Civil penalties reach £20,000 per worker for initial breaches, rising to £45,000 for repeat offences
• Statutory excuse protects employers who conduct compliant checks and retain records correctly
• Digital verification via certified IDSPs has been available since April 2022 for British and Irish citizens
• Post-Brexit, EU/EEA citizens must demonstrate settled or pre-settled status through the EU Settlement Scheme
• Employers must retain check records for two years after employment ends
• Online checks via the GOV.UK View & Prove service are free and near-instantaneous
• The Employer Checking Service handles complex cases, with responses within five working days

How do I carry out a right to work check?

Step-by-step process

Employers must obtain original documents or digital verification before the employee’s first working day. For manual checks, this requires examining physical documents in the presence of the holder—either face-to-face or via live video link—to confirm they are genuine, unaltered, and belong to the individual presenting them. The checking employer must verify that photographs and dates of birth are consistent across documents and that any time limits on permission to stay have not expired.

When checking digital status, employers must obtain a share code and date of birth from the candidate. For British and Irish citizens holding valid biometric passports, certified Identity Service Providers (IDSPs) can verify identity remotely using document photos and biometric matching, typically returning results within minutes to four hours. However, employers cannot outsource statutory checks to third parties except when using IDSPs for this specific cohort.

In-person vs digital checks

Manual verification demands original physical documents—photocopies, phone photos, or scanned images are insufficient. The employer must be satisfied that the document reasonably appears genuine and that the individual is the rightful holder. Digital checks, conversely, allow remote hiring by utilising the Home Office online service for those with UKVI eVisas or IDSPs for eligible passport holders. The digital verification process requires the candidate to upload documents and complete a selfie check, generating a report that satisfies statutory requirements.

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What documents are acceptable for right to work checks?

UK passports and biometric cards

British and Irish citizens may present in-date biometric passports for manual checks or utilise IDSPs for digital verification. Non-Irish citizens may present biometric residence permits or cards indicating indefinite leave to remain. The full employers’ right to work checklist provides the definitive list of acceptable documents.

Non-UK documents

For foreign nationals, acceptable evidence includes passports endorsed with visas, biometric immigration documents, and Home Office letters granting permission to work. Employers must check that any time-limited permissions have not expired and that the documents specifically permit the type of work being offered.

EU/EEA specifics

Following Brexit, EU/EEA citizens no longer rely solely on passports or identity cards. They must demonstrate settled or pre-settled status obtained through the EU Settlement Scheme, evidenced via an eVisa and share code. The transitional arrangements allowing 28-day notices for EU nationals have ended.

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What are the consequences of failing a right to work check?

Civil penalties

The Home Office may impose civil penalties reaching £20,000 per illegal worker for first-time breaches. Repeat offences attract escalated fines of £45,000 per worker. These penalties apply whether the failure resulted from negligence or deliberate omission.

Criminal offences

Employers face criminal prosecution if they knowingly employ individuals without the right to work in the UK. This includes circumstances where the employer had reasonable cause to believe the individual was disqualified from employment due to immigration status. Conviction can result in unlimited fines and imprisonment. If you’re unsure about your tax details, you can find your tax file number at $Find your tax file number.

How have right to work checks evolved over time?

1. 2007
   Initial scheme launch under the Immigration, Asylum and Nationality Act, establishing employer verification duties
2. 2012
   Introduction of online checking mechanisms and biometric residence permits
3. 2021
   Post-Brexit transition; EU Settlement Scheme becomes primary route for EU nationals; 28-day notice period provisions end
4. April 2022
   Digital verification via certified IDSPs introduced for British and Irish citizens holding biometric passports
5. June 2024
   Streamlined guidance; digital Certificates of Application for outstanding EUSS applications from 1 July 2021 onwards no longer require Employer Checking Service verification; obsolete EEA notice references removed

What is established and what remains uncertain?

Why do right to work checks matter for UK employers?

Verification protocols serve as the primary defence against illegal working, protecting legitimate businesses from unfair competition and safeguarding vulnerable workers from exploitation. The post-Brexit immigration landscape has complicated verification for EU hires, shifting responsibility to employers to confirm digital status through share codes rather than physical documentation.

The transition toward digital-first verification, accelerated by the 2022 IDSP framework and 2024 eVisa expansions, reflects broader governmental moves toward streamlined immigration control. Employers integrating compliant HR software and monitoring Home Office guidance updates position themselves to maintain statutory excuse while adapting to evolving technological standards.

What do official sources say about compliance?

Employers who follow the correct check processes retain a statutory excuse against a civil penalty if they employ someone who is identified as an illegal worker, provided they carried out the checks properly and retained the necessary records.

— Home Office Right to Work Checks: Employer Guidance

According to specialist verification providers, the shift toward digital solutions has reduced administrative burden while maintaining rigorous compliance standards, though employers must remain vigilant against fraudulent document submissions.

What should employers remember about right to work checks?

Compliance requires completing checks before employment begins, using original documents or approved digital services, and maintaining records for at least two years after the employment relationship ends. Employers should regularly consult the latest GOV.UK guidance to ensure processes reflect current regulations, particularly regarding post-Brexit EU national requirements and digital verification technologies.

Frequently asked questions