Employers in the UK should carry out right to work checks before a new employee starts work. This involves more than simply obtaining a copy of a passport or visa: it means following a prescribed process to establish whether the individual can lawfully undertake the proposed work in the UK and retaining evidence of that check. Employers’ responsibilities to prevent illegal working were introduced on 27 January 1997, and the current civil penalty scheme has been applied since 29 February 2008.

The scheme aims to prevent illegal working and worker exploitation while protecting law-abiding businesses from unfair competition. Small businesses are not exempt. An employer who employs someone without the right to work and has not carried out the appropriate checks may face a civil penalty of up to £60,000 per illegal worker. Businesses applying for a sponsor licence may also be asked by the Home Office to provide right to work records for their existing employees. Inadequate recruitment and HR procedures can lead to an application being refused, so preparation is essential.

What Exactly Does a Right to Work Check Involve?

A right to work check establishes the identity of the person being recruited and whether they are permitted to undertake the proposed work in the UK. Lawful residence in the UK does not necessarily give someone unrestricted permission to work. Depending on their immigration permission, there may be restrictions on working hours or the type of work they can undertake, or they may only be permitted to work for a particular employer. Employers must therefore check not only whether the individual can work, but also any restrictions on their hours or duties and the expiry date of their permission.

Completing the prescribed check and retaining the required evidence can provide a legal defence against a civil penalty if it later emerges that the employee did not, in fact, have the right to work. This is known as a statutory excuse. However, retaining a record of a check will not protect an employer who knew, or had reasonable cause to believe, that the person did not have the right to work.

Do Small Businesses Need to Carry Out Checks? What About British Employees?

Right to work checks are not limited to large businesses or companies recruiting overseas nationals. Small businesses must also have appropriate procedures for checking individuals who fall within the scope of the scheme. This applies whether or not the business holds a sponsor licence, and British and Irish citizens should also be checked.

Employers must not request documents only from people they assume to be foreign nationals because of their name, appearance or accent. Nor should they omit a check simply because someone has lived in the UK for many years or previously worked for another employer. It is important to apply a consistent approach to everyone being recruited.

From 1 October 2026, the scope of the scheme was extended beyond traditional employment relationships to cover certain worker arrangements, individual subcontracting arrangements and work arranged through online matching services. Employers should therefore not assume that someone falls outside the scheme simply because their contract describes them as self-employed or a subcontractor. However, not every self-employed arrangement or business-to-business service agreement is automatically covered: the actual contractual arrangements and the way the work is provided must be considered.

When and How Should a Check Be Conducted?

A right to work check should be completed before the individual starts work. The main methods are a manual check of original documents, a check using the Home Office online service, and, where permitted, a check through a registered digital verification provider. The appropriate method depends on the individual’s immigration status and the documents they hold.

For example, British and Irish citizens can use an acceptable passport or other permitted evidence. For an eVisa holder, the employer must use the Home Office online service to establish a statutory excuse. In certain circumstances where the usual documents or online service cannot establish the individual’s right to work, the employer must use the Employer Checking Service (ECS).

How Can Individuals Prove Their Right to Work Now That BRPs Have Been Decommissioned?

Physical Biometric Residence Permits (BRPs) were previously commonly used as evidence of immigration status. The system has now moved towards eVisas, which provide a digital record of immigration status and its conditions. A copy of an expired BRP is not sufficient to complete a right to work check.

An eVisa holder can use their UK Visas and Immigration (UKVI) account to generate a share code specifically for proving their right to work. The employer must use that code, together with the individual’s date of birth, to access the Home Office online service directly. It is not enough for the individual to display their eVisa on a mobile phone or send the employer a screenshot.

An ordinary online check may not be available in some circumstances, including where an application to extend immigration permission or an appeal is pending. The employer may need to use the ECS. A Positive Verification Notice (PVN) issued through that service confirms the relevant right to work and normally provides the employer with a statutory excuse for six months.

What Should Employers Do When Checking Original Documents?

For a manual check, the employer must first obtain original documents accepted by the Home Office. The check must not be completed solely by looking at a scanned passport sent by email or a photograph stored on the individual’s phone. If the identity check is conducted by video call, the employer must still be in physical possession of the original documents. Separate rules allow certain supporting evidence, such as some National Insurance number documents, to be provided in an accepted digital format.

The employer should check that the photograph matches the individual, that personal details such as the date of birth are consistent, and that there are no apparent signs of forgery or alteration. They must also establish whether the individual’s immigration Status permits the proposed work and remains valid where required. If names differ between documents, the employer should obtain and retain evidence explaining the difference, such as a marriage certificate.

Once the check has been completed, the employer must make clear copies or electronic copies of the relevant documents and record the actual date of the check. For a passport, copying only the photograph page will not always be sufficient: the copy must include the relevant pages needed to establish the individual’s identity and right to work. Rather than simply adding an unexplained date to the copy, employers should clearly label it, for example: “The date on which this right to work check was made: [date]”.

Which Documents Can Be Used for a Manual Check?

Acceptable documents are set out in the Home Office’s List A and List B. Documents in List A generally provide a continuous statutory excuse for the duration of employment when checked correctly. Documents in List B provide a time-limited statutory excuse.

Common examples include a British passport showing that the holder is a British citizen, or an Irish passport or passport card showing that the holder is an Irish citizen. For a manual check, these documents may be acceptable even if they have expired, but cancelled documents, such as a passport with its corners cut off, cannot be used. A UK birth or adoption certificate, or a certificate of registration or naturalisation as a British citizen, is not sufficient on its own. It must be accompanied by a specified official document showing the individual’s name and permanent National Insurance number.

Certain endorsements in current passports and specified Immigration Status Documents may also be acceptable, subject to the relevant conditions. However, not every passport or immigration-related document is acceptable, and some documents must be supported by a PVN from the ECS. Employers must therefore check whether the document is permitted and whether any additional evidence is required, rather than treating receipt of a document as completion of the check.

Is It Enough to Keep Copies of the Employee’s Passport and eVisa?

No. The important point is not simply that the employer holds documents, but that there is evidence of a right to work check carried out in the prescribed way. For an eVisa holder, the employer must access the online service directly, check that the photograph matches the individual and establish that they are permitted to undertake the work in question.

Keeping a passport copy, an eVisa screenshot, a visa approval email or the share code alone is therefore insufficient. The employer must retain the result of the online check they have carried out, including the date of the check. Following the correct process and retaining evidence of it matters more than collecting a large number of documents.

What Should Employers Check and Save When Using the Home Office Online Service?

The employer must use the individual’s right to work share code and date of birth to access the Home Office service, “Check a job applicant’s right to work: use their share code”. The employer or business name should be entered accurately. The employer must then check whether the individual is permitted to undertake the work in question, whether any restrictions apply to their working hours or duties, and how long their permission remains valid.

The employer must also check that the photograph displayed in the result is of the person being recruited, using an accepted method such as an in-person meeting or video call. The result page, including the photograph and the date of the check, should then be saved securely in PDF or HTML format.

For individuals whose working hours are restricted, such as Student visa holders, saving the online result is not the end of the process. The employer must also obtain the relevant term and vacation dates from the educational institution and ensure that the individual’s actual working hours remain within the permitted limits.

What Is Digital Identity Document Verification and How Can Employers Use It?

Identity Document Validation Technology (IDVT) uses digital technology to check whether an identity document, such as a passport, is genuine and whether it belongs to the person presenting it. Employers can use specialist providers offering this technology for right to work checks, but only for the documents and individuals permitted under the scheme.

Using an ordinary online identity-checking service does not, by itself, satisfy the legal requirements. Under the framework applying from 1 October 2026, employers must use a provider registered to provide right to work services on the register maintained by the Office for Digital Identities and Attributes (OfDIA). These providers are referred to as Right to Work Digital Verification Service Providers (RtW DVSPs).

Registered providers can verify permitted documents, including British and Irish passports and Irish passport cards. Subject to the prescribed requirements, documents that expired no more than six months previously may also be used. These rules differ from those governing manual checks of original documents, so employers should not confuse the two methods.

Using a specialist provider does not remove the employer’s responsibilities. The employer must check that the photograph and personal details in the verification result match the person being recruited and retain the result containing the required information. In particular, a general digital identity check must not be used as a substitute for the Home Office online right to work check required for an eVisa holder.

How Long Must Employers Keep the Documents and Check Results?

Right to work records must be retained securely throughout the individual’s employment and for two years after their employment ends, after which they should be securely destroyed. For a manual check, the employer must retain the relevant document copies and a record of the check date. For an online check, they must retain the result page containing the photograph and the date of the check. Where a digital verification provider is used, the employer must retain the verification result containing the required information.

The requirement to inspect original documents does not mean that the employer should keep the employee’s original passport indefinitely. The purpose is to retain properly checked copies and evidence of the check. Records should be organised so that they can be retrieved when needed, while protecting personal information from unnecessary disclosure.

Is One Check at the Start of Employment Enough?

This depends on the individual’s immigration permission and right to work. Where permission to work is time-limited, a follow-up check will generally be required before that permission expires. Where the employer has obtained a PVN through the ECS, they should normally monitor its six-month validity period. By contrast, a correctly completed List A check generally provides a continuous statutory excuse, so routine repeat checks are not normally required.

Rather than asking every employee to provide the same documents each year, employers should monitor follow-up dates according to the outcome of each individual’s check. Separate guidance applies to certain categories, including holders of pre-settled status under the EU Settlement Scheme (EUSS). Employers should therefore not apply the same approach to everyone simply because an expiry date appears on their immigration record.

What Are the Consequences of Failing to Conduct a Check?

An employer who employs someone without the right to work and has not carried out the appropriate checks may face a civil penalty of up to £60,000 per illegal worker. If the employer knew, or had reasonable cause to believe, that the individual did not have the right to work, they may also face a prison sentence of up to five years and an unlimited fine.

However, the absence of a check record does not automatically mean that a civil penalty will be imposed where the employee actually has the right to work. Liability for illegal working and deficiencies in record-keeping must be distinguished. Nevertheless, without records, it may be difficult to demonstrate that a compliant check was carried out, and the deficiency may create separate difficulties in a sponsor licence application or subsequent compliance assessment.

Why Are These Checks Particularly Important When Applying for a Sponsor Licence?

The Home Office assesses whether a business applying for a sponsor licence has appropriate HR systems to fulfil its sponsorship responsibilities. This may include considering whether the business has carried out appropriate right to work checks on existing employees, retained the relevant records and put arrangements in place to manage follow-up checks. During the assessment, the Home Office may request employee records or additional information and may, in some cases, conduct a compliance visit.

Businesses should therefore not assume that preparing the visa arrangements for a future overseas recruit is enough. They should also review their existing employees’ records and recruitment procedures. Failure to demonstrate appropriate systems can lead to a sponsor licence application being refused. Businesses that already hold a licence may also face action, including downgrading, suspension or revocation, depending on the breach.

What Should Employers Do First?

The essential steps are to carry out the appropriate right to work check before work begins, retain the result and the date of the check, and complete any required follow-up check at the correct time. Simply collecting copies of a passport or eVisa is not sufficient. Businesses preparing to apply for a sponsor licence should first review their existing records and ensure that those responsible for recruitment understand which checking method to use and what evidence to retain. Making these procedures part of everyday recruitment and HR management helps reduce the risk of illegal working and enables the business to respond more systematically to Home Office requests.

For expert advice and assistance on right to work checks, including what they involve, how to carry them out and the associated compliance requirements, or on any other UK immigration matter, contact us on 020 8365 6219 or leave us a message.