What are right to work checks?

How to conduct right to work checks

Employers in the UK are required to verify that all new employees have the legal right to work in the UK. This process involves checking acceptable documents before employment begins and conducting follow-up checks if necessary.

Employers can use a few different methods for right to work checks, including manual checks, digital checks, or online services provided by the Home Office.

Key steps include examining the prospective employee’s documents; verifying their information and expiry dates; retaining records of the documents as required by the Home Office; and getting further proof of the employee’s right to work or a follow-up check if needed. In some cases, employers need to verify employees’ visa details (for example, if they hire an employee on a Skilled Worker visa). They may also need to check the right to work for employees’ family members in certain circumstances.

In all cases, employers must follow the latest Home Office guidance on right to work checks. Below, find an employer’s guide on how to conduct the different types of right to work checks.

Manual right to work checks

Manual checks involve physically checking the employee's original documents. Employers must make sure (to the best of their ability) that the document is genuine and belongs to the person presenting it. This includes checking the expiry date and making sure it’s not out of date. Employers must retain a copy of the document for their records to establish a manual check.

Digital right to work checks

Digital right to work checks allow employers to verify an employee's identity using technology. Employers can use an identity service provider (IDSP) that offers Identity Document Validation Technology (IDVT) to carry out the checking process. When done correctly, digital checks provide a statutory excuse, which means the employer has fulfilled their legal obligation in verifying the employee's right to work.

Online right to work checks

For certain employees, employers can use the online service provided by the Home Office Employer Checking Service (ECS) and verify the employee’s right to work via an online portal. Employees provide a share code and their date of birth, which the employer can use to complete an online check.

Follow up right to work checks

Follow-up checks are necessary when an employee has time-limited permission to work in the UK. Employers are required to conduct follow-up checks before the previous permission expires to confirm that the employee can continue to work. Failing to do so can result in penalties if the job applicant does not have the right to work.

Acceptable right to work documents

To confirm an employee’s eligibility to work in the UK, employers must review acceptable documents as part of their document checks. The documents required depend on the individual’s immigration status and can be divided into List A and List B categories, which outline different sets of documentation that employers must verify before hiring.

Employers must inspect original documents, such as a British passport, Irish passport, or other acceptable forms of ID. For digital checks, biometric residence cards, biometric residence permits (BRP), and evisas can be used. The employee’s type of work, such as time-limited employment, will influence which documents are needed.

List A: Continuous right to work in the UK

List A documents confirm that an individual has an ongoing right to work in the UK, and no follow-up checks are required. Some acceptable documents from List A include:

• British passport or Irish passport, which prove an individual’s right to work without time limits
• A biometric residence permit (BRP) or biometric residence card issued under the EU Settlement Scheme (EUSS), indicating settled status or indefinite leave to remain
• An Irish citizen's passport card or other physical documents proving nationality and the right to work
• A certificate of application showing that the applicant has made a valid immigration application under the EU Settlement Scheme
• A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name (issued by a government agency or previous employer)

Employers must keep copies of the documents for their records as evidence of the check.

List B: Time-limited right to work in the UK

List B documents indicate a time-limited right to work in the UK, meaning employers must carry out follow-up checks. Examples of List B documents include:

• A valid biometric residence permit (BRP) or certificate of application showing a time-limited right to work, which may require a renewal after the expiry date
• A passport or travel document endorsed to show that the person is allowed to stay in the UK for a specified period and undertake a specific type of work
• An Application Registration Card confirming the individual's right to work in the UK as verified by the Home Office, together with a Positive Verification Notice from the Home Office Employer Checking Service, confirming that the individual has an outstanding immigration application or appeal, which allows them to work for a limited time

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Right to work checks for EU workers

Since the UK’s departure from the EU, right to work checks for EEA, Swiss, and EU nationals have changed. EU workers who were living in the UK before December 31, 2020, can prove their right to work via the EU Settlement Scheme (EUSS). Under this scheme, individuals can hold either settled or pre-settled status, depending on how long they have been living in the UK.

New EU workers arriving after this date will need to provide alternative proof of their right to work in the UK, such as a biometric residence permit or a visa issued under the UK’s immigration system.

To conduct right to work checks for these individuals, employers must use the Home Office online right checking service, using the worker's share code and date of birth. This process replaces the need for physical documents in many cases and allows employers to ensure that the individual has the necessary permission to work in the UK.

Penalties for right to work noncompliance

Failing to properly verify an individual’s right to work in the UK can result in serious consequences for employers. Civil penalties may be imposed if an employer is found to have hired an illegal worker, with fines up to £20,000 per worker. Employers could also face sanctions, such as:

• Sponsor licence penalties
• Hiring restrictions
• Criminal charges

To avoid these risks, employers must follow correct procedures when conducting right to work checks to avoid knowingly or unknowingly allowing illegal working in the UK.

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Frequently asked questions

Are there national resources for employers doing right to work checks?

Employers can find a number of resources at gov.uk, including:

• UK Points-Based Immigration System
• EU Settlement Scheme (EUSS)
• Home Office Employer Checking Service
• Home Office Online Right to Work Checking Service

What should employers do if an applicant fails a right to work check?

If the Work Checking Service indicates no applicant’s right to work, employers should not proceed with employment until further evidence of their legal status is provided or confirmed. You can contact the Home Office for additional support or clarification.

How often should follow-up right to work checks be conducted?

Follow-up checks are required when an employee has a time-limited right to work. These checks should be conducted before the employee's permission to work expires to ensure continued compliance.

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