Every UK employer must verify that employees have legal permission to work before employment begins. These checks protect businesses from significant penalties whilst ensuring compliance with immigration law. Getting right to work procedures wrong can result in civil penalties reaching £60,000 per illegal worker. 

What Are Right to Work Checks in UK Law 

Right to work checks verify an individual's legal entitlement to work in the UK. The Immigration, Asylum and Nationality Act 2006 requires all employers to conduct these checks before employment starts, regardless of the employee's nationality or perceived immigration status. 

The system aims to prevent illegal working whilst protecting individuals from discrimination. Employers must check everyone's right to work using the same process, avoiding assumptions based on accent, appearance, or nationality. Since 1 October 2026 the scheme also covers people engaged under a worker's contract, individual sub-contractors and online matching services. 

Three main categories exist for right to work status: permanent right to work for British and Irish citizens, time-limited permission requiring follow-up checks, and no right to work requiring immediate action to prevent illegal employment. 

Right to Work Check Penalties and Consequences 

An employer that employs an illegal worker without having carried out a correct check faces a civil penalty of up to £60,000 per illegal worker. Multiple illegal workers multiply that exposure rapidly. 

An employer commits a criminal offence where it knows, or has reasonable cause to believe, that it is employing an illegal worker. Prison sentences up to five years apply alongside unlimited fines and business closure orders. 

Reputational damage extends beyond financial penalties. Home Office compliance visits, media coverage, and customer concerns create lasting business impacts. Professional services firms risk regulatory sanctions, whilst government contractors face exclusion from public sector work. 

These risks highlight the importance of compliant employment contracts and documentation practices across the workforce.

Understanding Acceptable Right to Work Documents 

List A documents provide permanent right to work evidence. These include British passports and Irish passports or passport cards, current or expired. Holders of these documents require no follow-up checks. Biometric Residence Permits are no longer accepted: their holders now have an eVisa and must be checked online. 

List B documents show time-limited right to work requiring repeat verification before expiry. Examples include a current passport endorsed to show the holder may stay in the UK and do the work in question. Visa holders with an eVisa, including Student and Skilled Worker visa holders, can only prove their right to work through the Home Office online service. Employers must diarise follow-up check dates to maintain compliance. 

Combination documents allow verification using multiple pieces of evidence. A UK birth or adoption certificate, together with an official document giving the person's permanent National Insurance number and name, can establish right to work for British citizens without passports. A driving licence is not an acceptable document. 

Conducting Right to Work Checks Properly 

There are three ways to check: a manual check of original documents, a Home Office online check using a share code, or a digital check through a certified identity service provider. For a manual check, employers must see original documents, not photocopies or scanned images. Check documents in the individual's presence, examining security features, photographs, and expiry dates carefully. 

Online checks are mandatory for eVisa holders and others with digital immigration status, through the Home Office online service. Use the individual's share code to access their immigration status digitally. This system provides real-time information about work restrictions and expiry dates. 

Document verification requires careful attention to authenticity markers. Check watermarks, holograms, and security features against Home Office guidance. Suspicious documents require further investigation before employment begins. 

Right to Work Check Timing Requirements 

Pre-employment verification must occur before work starts. Conditional job offers can proceed whilst awaiting right to work confirmation, but employment cannot begin until checks complete successfully. 

Follow-up checks for time-limited permissions require careful timing. Conduct repeat checks before current permission expires, typically within the final few weeks of validity. Late checks create gaps in compliance coverage. 

New document presentation triggers fresh verification requirements. When employees provide updated immigration documents, treat these as new right to work checks requiring full documentation and records. 

Preventing Right to Work Check Discrimination 

Apply identical processes to all employees regardless of nationality, accent, or appearance. Discrimination claims arise when employers apply different standards or make assumptions about immigration status based on protected characteristics. 

Reasonable adjustments may be required for disabled applicants during document presentation. Provide alternative arrangements whilst maintaining security requirements and compliance standards. 

Document requirements cannot exceed legal minimums. Requesting additional evidence beyond statutory lists creates discrimination risks, particularly where this disproportionately affects certain nationality groups. 

This is especially relevant for subcontractors. Since 1 October 2026 individual sub-contractors need a right to work check too, and their working arrangements may differ, so review employment status when verifying documents.

Digital Right to Work Service Updates 

The online right to work service covers people with digital immigration status, including eVisa holders. British and Irish citizens cannot get a share code, so check their original documents or use a certified identity service provider. 

Share codes provide secure access to immigration status information. Individuals generate these codes through the government website, allowing employers to verify work rights without handling physical documents. 

System limitations still apply to certain immigration categories. Some visa types require physical document checks until digital coverage expands further. Check Home Office guidance for current digital service scope. 

Record Keeping for Right to Work Compliance 

Maintain copies of all right to work documents for every employee. Store these securely with appropriate access controls and data protection measures. Records must be retained throughout employment and for two years after employment ends. 

Document dating proves compliance timing. Clearly record when checks occurred, which documents were verified, and any follow-up check requirements. These records provide crucial evidence during compliance inspections. 

Audit trails help demonstrate systematic compliance. Regular reviews of right to work records, follow-up check completion, and process adherence show commitment to legal requirements. 

Right to Work Compliance Best Practices 

Systematic procedures ensure consistent application across all recruitment. Create checklists, train hiring managers, and establish clear escalation routes for complex cases. Regular training updates keep teams current with legal changes, especially annual law changes.

Technology solutions help manage follow-up requirements. Calendar systems, HR databases, and compliance software prevent missed deadlines for time-limited permission renewals. 

Professional advice proves valuable for complex immigration cases. Student visa restrictions, skilled worker requirements, and family visa conditions create intricate compliance scenarios requiring specialist knowledge. 

Many businesses find that outsourcing human resources functions, particularly compliance-heavy tasks like right to work verification, reduces risk whilst ensuring expert handling of complex immigration requirements. 

Recent Changes to Right to Work Rules 

EU Settlement Scheme holders now use digital status verification through share codes. Physical documents for EU citizens gradually phase out as digital systems replace traditional documentation methods. 

Post-Brexit changes continue affecting right to work requirements. EU citizens' rights depend on their settlement status, arrival dates, and visa types. Stay current with evolving guidance as systems develop. 

Biometric technology integration expands verification options. Some immigration documents now include biometric chips requiring compatible reading equipment for full verification. 

Managing Right to Work Compliance Risks 

Regular compliance audits identify potential issues before enforcement visits. Review employee files, check follow-up deadlines, and assess process adherence systematically. Early identification enables correction without penalty risks. 

Insurance coverage may help with compliance costs, but prevention remains more effective than mitigation. Professional indemnity and employment practices insurance can provide some protection, though penalties and prosecution risks persist. 

Legal support proves essential when compliance issues arise. Immigration law specialists, employment lawyers, and HR consultants provide guidance for complex situations and enforcement responses. 

Some businesses address these challenges through outsourcing human resources compliance activities to specialists who maintain current knowledge of immigration law and manage verification processes systematically. 

Right to work compliance demands systematic attention and regular review. The legal requirements apply universally, but implementation requires understanding of immigration law complexities and individual circumstances. 

Businesses that establish robust compliance systems, train staff effectively, and maintain current knowledge avoid most right to work pitfalls. The investment in proper procedures proves far less costly than penalties, prosecutions, or reputational damage from non-compliance. 

The HR Doctor provides comprehensive guidance on right to work compliance, from policy development to staff training and support.  

Our specialists help businesses navigate immigration law requirements whilst maintaining efficient recruitment processes.  

Frequently asked questions

What is a right to work check?

A right to work check confirms a person is legally allowed to do the work in question in the UK. The Immigration, Asylum and Nationality Act 2006 sets the regime, and the check is done before work starts. It now covers workers and individual sub-contractors as well as employees. Check everyone the same way, whatever their nationality.

Are right to work checks a legal requirement?

Yes. The Immigration, Asylum and Nationality Act 2006 requires employers to check right to work before employment starts. If you employ an illegal worker without a correct check, you face a civil penalty of up to £60,000 per worker, and employing someone you know, or have reasonable cause to believe, has no right to work is a criminal offence.

When should a right to work check be carried out?

Before work starts. You can make a conditional job offer while the check is pending, and employment cannot begin until the check is complete and successful. Record the date the check took place and which documents you verified, because those records are your evidence of timing during a Home Office compliance inspection.

How often do right to work checks need to be done?

Someone with a permanent right to work, such as a British or Irish citizen, needs no follow-up check. Time-limited permission, such as a Skilled Worker or student visa, needs a repeat check before the current permission expires, so diarise the date. When an employee presents new immigration documents, treat it as a fresh check with full records.

Can right to work checks be done online?

Yes. People with digital immigration status, including eVisa holders, generate a share code and you use it in the Home Office online service to see their status, work restrictions and expiry dates. British and Irish citizens cannot get a share code, so check their original documents or use a certified identity service provider for a digital check.

What documents are acceptable for a right to work check?

Two statutory lists set the documents for a manual check. List A shows a permanent right to work, such as a British or Irish passport. List B shows time-limited permission, such as an endorsed passport. Most visa holders now have an eVisa and must be checked online. Never ask for more than the rules require: it creates a discrimination risk.

Contact us for expert advice on protecting your business from right to work compliance risks.