Right to Work Checks

Every UK employer must check that each person it employs has the right to do the work in question before their employment begins. This applies to everyone, including British and Irish citizens.

The way checks are carried out has changed significantly. The UK has moved to digital immigration status (eVisas), biometric residence permits are no longer issued, and most people who are not British or Irish now prove their right to work online. Checks carried out using old methods may no longer protect the employer.

Why the check matters

• Statutory excuse: a correct check, carried out and recorded in the prescribed way, gives the employer a statutory excuse against a civil penalty of up to £45,000 per worker for a first breach.
• Sponsor duties: for sponsors, right to work checks are a core duty, and failures can lead to downgrading, suspension or revocation.

The three prescribed types of check

1. Home Office online check

People with an eVisa or other digital status can prove their right to work only through the Home Office online service. The individual obtains a share code from their UKVI account and gives it to the employer, who uses the GOV.UK service "Check a job applicant's right to work: use their share code". Share codes for right to work start with the letter W, are 9 characters long and are valid for 90 days. Codes beginning with other letters cannot be used for this purpose, and viewing the worker's own screen is not enough. British and Irish citizens cannot get a share code.

Since vignettes stopped being issued for all entry clearance grants from 1 July 2026, new arrivals receive an eVisa rather than a sticker in their passport.

2. Manual document check

Manual checks remain available for British and Irish citizens and for certain other documents. For example, a British passport or an Irish passport or passport card (current or expired) can be used. The original document must be checked in the holder's presence, in person or by live video, with the original in the employer's possession, and a dated copy kept.

Biometric residence permits stopped being issued on 31 October 2024. A manual check of an original, expired BRP is not acceptable proof of right to work. An expired BRP may still help a person access their UKVI account, but only an online check gives a statutory excuse.

3. Digital identity check

Employers can use a certified identity service provider to carry out digital checks for British and Irish citizens who hold a valid passport or Irish passport card.

Employer Checking Service

Where someone cannot provide a share code because they have an outstanding in-time application, appeal or administrative review, or holds certain other documents, the employer may use the Employer Checking Service. A Positive Verification Notice gives a statutory excuse for 6 months. Employers should generally wait at least 14 days after the person's application before making a request.

Follow-up checks

Where the check shows the person has no time limit on their right to work (for example a List A document), it gives a continuous statutory excuse and no follow-up is needed. Where a person's permission is time-limited, the statutory excuse is also time-limited, and a follow-up check must be carried out before it expires. A diary system for follow-up checks is essential.

Keeping records

Employers must keep a copy of the check for the duration of the employment and for 2 years afterwards. The record should show the date of the check. Sponsors have additional record-keeping duties under Appendix D; see sponsor licence compliance.

Changes from 1 October 2026

From 1 October 2026, under the Border Security, Asylum and Immigration Act 2025, illegal working rules are extended beyond employees to cover people engaged under worker contracts, individual sub-contractors and people matched with work through online platforms. Businesses in these arrangements will need to carry out checks to obtain a statutory excuse for work starting on or after that date. A new employer's guide and code of practice have been published in draft to take effect from the same date.

Common problems we help with

• Continuing to accept BRPs or physical documents instead of carrying out online checks.
• Using the worker's own view of their status rather than the employer service.
• Missed follow-up checks for time-limited permission.
• Incomplete or undated records.
• Preparing for the extension of checks to contractors and platform workers.

How Stonebridge can help

• Right to work audits of existing staff files.
• Written procedures and practical training for HR and hiring managers.
• Advice on difficult cases, including pending applications and appeals.
• Advice if an illegal working concern or penalty arises.

To review your right to work processes, book a consultation.