Right to Work Checks in the UK: Complete Employer Guide (Updated for 2026)

A right to work check UK employers carry out is the process used to confirm that a person has permission to work before they start. If you work in HR, recruitment, payroll, line management or small business ownership, you need to understand which check applies, what evidence to keep and when another check may be needed.

This guide explains the current rules and the changes due from 1 October 2026. It covers manual checks, the Home Office online service, digital verification, the Employer Checking Service, record retention and common mistakes. It also explains how to apply the process fairly to every job applicant.

The rules matter because a compliant check can give an employer a statutory excuse against a civil penalty if a person is later found to be working illegally. The Home Office sets out the prescribed process in its employer guidance.

Key Takeaways

• Employers must complete right to work checks before employment starts.
• A right to work check can be manual or online. Eligible British and Irish citizens can also use an approved digital verification route.
• Employers must retain right to work records for two years post-employment, as well as throughout the person's employment.
• A Positive Verification Notice from the Employer Checking Service provides a six-month statutory excuse.
• Manual checks require original documents, not copies or scans.
• British or Irish passports can prove right to work, even if expired, when used through the prescribed manual route and accepted under the current document list.
• Physical biometric residence permit and biometric residence card documents cannot be relied on as standalone evidence for a prescribed check where the Home Office online route applies.
• As at 17 September 2026, the current civil penalty code sets a starting penalty of £45,000 per worker for a first breach and £60,000 per worker for a repeat breach within three years. See the civil penalty code.
• From 1 October 2026, the Right to Work Scheme expands to cover additional working arrangements, including workers' contracts, individual subcontractors and certain online matching services.

What Is a Right to Work Check and Why Does It Matter?

A right to work check confirms whether a person is allowed to work in the UK and whether any restrictions apply to the role you want them to do.

Under the Immigration Act framework, specifically the Immigration, Asylum and Nationality Act 2006, employers have duties designed to prevent illegal working. The prescribed check should take place before employment begins. If you follow the correct process, you can establish a statutory excuse against liability for certain civil penalties. The UK protects employers from civil penalties through compliance with immigration laws, specifically where the prescribed process establishes that statutory excuse.

The current penalty framework can reach £45,000 per illegal worker for a first breach and £60,000 per worker for a repeat breach within three years. Consequences of non-compliance include civil penalties, criminal prosecution, and reputational damage. Serious cases may also involve criminal consequences where an employer knowingly employs, or has reasonable cause to believe it is employing, someone who is not allowed to do the work.

You should also conduct checks consistently. Do not make assumptions based on accent, nationality, surname or appearance. Employers must conduct checks uniformly to avoid unlawful discrimination. The Home Office publishes a separate discrimination code for this purpose.

If you work in HR, understanding these legal requirements helps you build a fairer recruitment process, reduce compliance risks and protect your organisation.

The Three Main Right to Work Checking Routes

The correct route depends on the person's nationality and how their immigration status is held. The main routes are:

• Home Office online right to work check
• Manual document check
• Digital verification for eligible British and Irish citizens

The Employer Checking Service acts as a separate route in specific cases where the person's right to work cannot be established through the normal prescribed methods.

1. Home Office Online Check

2. Manual Document Check

3. Digital Verification

Step-by-Step: How to Carry Out a Compliant Right to Work Check

The exact steps vary by route, but the core verification process is straightforward.

1. Use the Correct Route

2. Obtain the Correct Evidence

3. Confirm Identity and Work Permission

4. Check the Proposed Job

5. Keep Evidence

Online Right to Work Checks for Digital Immigration Status

The Home Office provides a digital right to work check service for individuals with digital immigration status. This is the prescribed route for many eVisa holders.

In practice:

• The worker generates a share code.
• You enter the code and their date of birth into the official service.
• The service displays the person's photograph, immigration permission and work conditions.
• You confirm that the person matches the online profile.
• You save or print the profile page and record the date of the check.

A share code is needed for online right to work checks where the Home Office service is the prescribed route. You should use the official service yourself rather than accept a screenshot or forwarded result.

People with pre-settled status or settled status under the EU Settlement Scheme normally prove their right to work through the online service. Since June 2024, employers are not required to carry out a further check solely because a person's pre-settled status end date is approaching, provided the original check was completed correctly, and the person remains in the same employment.

A biometric residence permit or biometric residence card should not be accepted as standalone evidence when an online check is required. The online record is used to confirm the person's current status and work conditions.

Manual Right to Work Checks Using Acceptable Documents

Manual checks require original documents from the prescribed Home Office list. Employers must check that documents appear genuine during manual checks.

The process is:

• Obtain the applicant's original documents.
• Check the holder's identity and the documents presented.
• Make sure names, dates of birth and photographs are consistent.
• Check any work restrictions or end dates.
• Make a clear copy and record the date of the check.
• Store the copy securely.

A current or expired British passport can be accepted under the manual List A route if it shows that the holder is a British citizen. A current or expired Irish passport or passport card can also be accepted for an Irish citizen.

If a British or Irish citizen does not have a passport, other combinations may be acceptable. A National Insurance number is not proof on its own, but it can form part of a prescribed document combination. For example, a UK or Irish birth or adoption certificate can be used with an official document from a government agency or previous employer showing the person's name and permanent National Insurance number.

A marriage certificate or divorce decree may help explain a difference in names. You should keep copies of relevant supporting documents showing why the names differ.

Some non-British or non-Irish nationals may still have an eligible immigration status document or another physical document listed by the Home Office. Always check the current list before relying on physical documents.

Digital Verification for British and Irish Citizens

Using an accredited identity service provider can facilitate digital right to work checks for eligible British and Irish citizens.

Under the current system, the provider checks identity evidence and gives the employer an output that can form part of the prescribed check. You still need to confirm that the person who starts work is the person shown in that output.

A valid passport has traditionally been used for this digital route. New 2026 supplementary rules also allow qualifying expired British or Irish passports or Irish passport cards within defined limits when the relevant digital verification rules are in force. Employers should check the current provider requirements before relying on an expired document digitally.

The digital route does not replace the Home Office immigration-status system. It is an identity-checking route for eligible British and Irish citizens, not a way to check an eVisa holder's immigration permission.

Using the Employer Checking Service When Evidence Is Not Available

The Employer Checking Service is used in specific cases where a normal prescribed checking service route cannot confirm the person's right to work.

Typical examples include a person who:

• has an outstanding appeal
• has an outstanding administrative review
• has a pending in-time application
• has certain certificates of application
• holds an Application Registration Card that requires Home Office verification

If the Home Office confirms permission, it issues a Positive Verification Notice. A Positive Verification Notice provides a six-month statutory excuse.

This is a time-limited statutory excuse, so you must complete follow-up checks before it expires if the person's employment continues.

Do not use the Employer Checking Service simply because a candidate has forgotten to generate a share code. Use it only in the circumstances set out in Home Office guidance.

What Exactly Must Employers Check?

There are four key aspects to a compliant check.

• Identity: Is the evidence linked to the correct person?
• Permission: Does the person have the right to work?
• Role: Are they allowed to do the particular work, hours and role you are offering?
• Duration: Is their permission permanent or time-limited?

For students, you may need to check term-time working limits and retain evidence of course term and vacation dates. These checks form part of the employer's wider duty to check the individual's permission for the role. For sponsored workers, you need to understand the conditions shown by the Home Office check.

If you are checking a potential employee, do not treat a positive immigration status as proof that every type of work is allowed. The conditions shown in the check matter.

Time-Limited Permissions and Follow-Up Checks

Understanding whether you have a continuous or time-limited statutory excuse helps you maintain compliance efficiently.

Continuous Statutory Excuse

A continuous statutory excuse normally arises where the prescribed evidence shows an unlimited right to work. If the check is completed correctly, you do not need another right to work check for that person solely to maintain the excuse.

Time-Limited Statutory Excuse

A time-limited excuse applies where the evidence shows time-limited work permissions, or where the Employer Checking Service provides a Positive Verification Notice.

To manage this properly:

• Record the relevant expiry date.
• Schedule a reminder before the excuse or permission ends.
• Carry out the correct follow-up method in force at that time.
• Keep the new evidence with the earlier record.

If an existing employee makes a valid in-time application to extend their permission, do not assume that they must stop work immediately when the previous expiry date passes. You may need to use the Employer Checking Service to confirm whether their permission continues.

Recording, Storing and Protecting Right to Work Evidence

Employers must retain right to work records for two years post-employment. You should also keep them throughout the individual's employment.

The type of evidence depends on the route:

• Online checks: keep the profile page generated through the Home Office service and the date of the check.
• Manual checks: keep a clear copy of the prescribed document pages and the date of the check.
• Digital verification: retain the required provider output and your own evidence that you matched the individual to it.

Keep accurate records in a secure system. Your applicant dates should include the date on which you carried out the prescribed check, rather than an informal note that documents were "seen".

Good storage supports operational efficiency, but it must also respect data protection requirements. Only keep the necessary documentation for the required period and restrict access to staff who need it.

Special Scenarios: Students, EU Settlement Scheme and Commonwealth Citizens

Some cases need extra care.

Students

EU Settlement Scheme

Commonwealth Citizens and Right of Abode

Common Right to Work Mistakes and How to Avoid Them

The most common problems are often simple process failures.

• Carrying out a check after the person starts rather than before.
• Accepting copies or scans where the manual route requires originals.
• Using a document that is not on the current acceptable list.
• Failing to use the Home Office service when an eVisa or other digital status requires it.
• Treating a BRP or BRC as standalone evidence.
• Missing a follow-up deadline.
• Failing to check work restrictions.
• Keeping incomplete or unreadable records.
• Checking some nationalities more closely than others.

To ensure compliance, build the check into the hiring process before the start date. Use standard checklists, assign clear responsibility and audit your records regularly.

The work process should also include a route for cases that need escalation. If you are unsure whether evidence is acceptable, use current Home Office guidance or obtain specialist legal advice.

Upcoming Changes From 1 October 2026

Right to work checks expand on 1 October 2026.

A June 2026 UK Parliament statement confirms that the Right to Work Scheme will extend beyond traditional employment arrangements from October 2026. The Home Office also published draft employer guidance on GOV.UK on 16 July 2026 to prepare employers for the change.

From 1 October 2026, the Right to Work Scheme will also cover people engaged:

• under a worker's contract
• as an individual subcontractor
• through an online matching service that provides details of individual service providers to potential clients or customers

In practical terms, new checks will cover subcontractors and gig workers where their arrangements fall within the new legal categories. However, "gig worker" is not itself the legal test. You need to look at the working arrangement defined by the legislation and guidance.

The changes also introduce extended liability in certain contractual chains. Employers must adapt systems for expanded right to work checks and review who is responsible for checking workers before the new rules take effect.

Digital verification methods will also change after 1 October 2026. Where employers use a right to work digital verification service to obtain a statutory excuse, the service must meet the relevant certification and registration requirements under the 2026 framework.

For HR teams, this is a good reason to review onboarding systems now rather than wait until the rules change.

Practical Tips for HR, Hiring Managers and Small Businesses

You can make the process easier without overcomplicating it.

• Create a written policy. State who carries out checks, which routes are used and where evidence is stored.
• Check before day one. Employers must complete right to work checks before employment starts.
• Use the official route. Do not substitute another immigration portal for the prescribed Home Office service.
• Track time-limited cases. Set reminders well before the end of the statutory excuse.
• Apply the same process fairly. Do not select people for extra checks based on nationality or appearance.
• Keep evidence securely. Retain the required records throughout employment and for two years afterwards.
• Review changes. Right to work guidance changes over time, so check the Home Office guidance before making policy decisions.

These steps help UK employers reduce mistakes while keeping recruitment practical and fair.

How e-Careers Can Support Your HR Knowledge

Right to work checks sit within the wider responsibilities that HR and people professionals manage across recruitment, employee records, people practice and employment relationships.

If you are building your HR knowledge, e-Careers offers flexible HR courses and a dedicated range of CIPD courses.

For people starting or developing a career in HR, the CIPD Level 3 Foundation Certificate in People Practice includes core people-practice learning relevant to recruitment and the employee lifecycle.

If you already have HR experience or a Level 3 qualification, the CIPD Level 5 Associate Diploma in People Management develops broader people-management knowledge, including employment relationship management and workforce planning.

These qualifications can strengthen your wider HR capability, but this article should not replace current Home Office guidance or specialist immigration advice.

Frequently Asked Questions About Right to Work