Right to Work Checks: The Complete UK Employer Guide

If you employ anyone in the UK, you must check they have the right to work before they start. No exceptions.

Get it wrong and you face a civil penalty of up to £60,000 per illegal worker. Get it right, and you have a "statutory excuse" that protects you from liability even if it later turns out the worker was not entitled to work.

This guide tells you exactly what you must check, how to check it, and how to avoid the most common mistakes.

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Why Right to Work Checks Matter

The UK's illegal working rules require every employer to carry out document checks on every employee before they start work. The purpose is to verify that the person has the legal right to work in the UK.

Penalties for non-compliance:

• Civil penalty up to £60,000 per illegal worker (increased from £45,000 in January 2024 for first-time offenders, and from £45,000 to £60,000 for repeat offenders)
• Criminal conviction if you knowingly employ someone with no right to work: up to five years' imprisonment and an unlimited fine
• Reputational damage: the Home Office publishes a list of employers who receive civil penalties

If you carry out the check correctly and document it, you have a statutory excuse. Even if the worker later turns out to be working illegally (for example, because they provided forged documents), you are protected from the civil penalty.

The protection only applies if the check was done before employment started. A check done after someone has been working is not a statutory excuse.

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Who Must Be Checked?

Every employee, without exception. This includes:

• Full-time employees
• Part-time employees
• Zero hours workers
• Temporary staff
• Contractors and freelancers who work directly for you (not via a genuine agency)
• Family members employed in the business

You cannot select which employees to check based on nationality or appearance. Checking some employees and not others is discriminatory and does not provide a statutory excuse. You must have a consistent process applied to everyone.

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Which Documents Are Acceptable?

The Home Office divides acceptable documents into two lists.

List A: Documents Providing an Ongoing Statutory Excuse

These documents demonstrate an unrestricted right to work in the UK. You only need to check them once (at the start of employment).

Most common List A documents:

• UK or Irish passport (current or expired)
• UK passport (expired) combined with evidence of British citizenship
• Current passport from an EEA country with Settled Status confirmation from the UKVI online service
• Biometric Residence Permit (BRP) confirming permanent right to remain or no time limit
• UK birth certificate (Long form, original) combined with National Insurance evidence and official proof of name
• Certificate of Registration or Naturalisation as a British citizen

For British and Irish citizens, a passport is the simplest document. If they do not have a passport, a long-form birth certificate plus a National Insurance letter from HMRC (or similar official document) is acceptable.

List B: Documents Providing a Time-Limited Statutory Excuse

These documents show that the person currently has the right to work, but that right has a time limit. You get a statutory excuse for as long as the document's validity allows, but you must carry out a follow-up check before it expires.

Common List B documents:

• Current passport with a time-limited visa or entry clearance
• BRP showing a time-limited right to remain
• Share Code from the online right to work checking service (for non-UK/Irish nationals)

For time-limited workers, set a calendar reminder to carry out the follow-up check before the document or visa expires. If the worker's right to work lapses and you did not check, you lose your statutory excuse.

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How to Do a Right to Work Check: Three Methods

Method 1: Manual Document Check

For British and Irish citizens, and anyone with a physical document (BRP, passport), a manual check is straightforward.

The three steps:

1. Obtain the original document from the list above
2. Check it is genuine, the photo matches the person, the dates are current, and any work restrictions are noted
3. Copy the document (in a format that cannot be altered) and write the date the check was conducted on the copy. Keep the copy securely.

For a passport: open it to the photo page and to any relevant visa pages. Check the expiry date. Check the photo matches the person standing in front of you. Make a clear scan or photocopy.

You do not need to verify that the document is genuine to HMRC standards. If you take reasonable steps to check the document is genuine (not an obvious fake) and it turns out to be forged, you are protected as long as you followed the process.

Method 2: Online Right to Work Service (Share Codes)

The online check is the primary method for:

• EU, EEA, and Swiss nationals who have Settled or Pre-Settled Status under the EU Settlement Scheme
• Non-EEA nationals with a BRP or Biometric Residence Card
• Anyone with an eVisa

The worker generates a share code via the Home Office online service (gov.uk/prove-right-to-work). The share code lasts 90 days.

How to carry out the check:

1. Ask the worker to generate a share code at gov.uk/prove-right-to-work
2. Go to gov.uk/view-right-to-work with the share code and the worker's date of birth
3. The service confirms the right to work and any time limits
4. Print or save the confirmation page, note the date, and retain it securely

Important: You cannot accept a screenshot from the worker. You must conduct the check yourself using the share code they provide. This is the only way to get the statutory excuse.

Method 3: Certified Identity Service Provider (IDSP)

For British and Irish citizens, you can use a certified identity service provider (IDSP) to carry out a digital identity check. The Home Office has certified a number of commercial providers for this purpose.

This is useful for remote onboarding where the new employee cannot attend in person. The IDSP verifies the identity document digitally to IDVT (Identity Document Verification Technology) standards.

If you use a certified IDSP, you still get the statutory excuse. If you use a non-certified provider, you do not.

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Remote Right to Work Checks

Since 2022, employers have been able to carry out right to work checks remotely using video calls for manual document checks (the previous COVID-adjusted concession was made permanent from April 2022).

For a remote manual check:

1. Ask the worker to hold their document up to the camera during a video call
2. Check the document while they are on the call (photo, dates, validity)
3. Ask them to send a copy or photograph of the document separately
4. Note the date of the check on the copy you retain

Alternatively, use the online share code method or an IDSP for fully digital onboarding.

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Right to Work for EU Citizens After Brexit

EU, EEA, and Swiss nationals who were in the UK before 31 December 2020 and applied for the EU Settlement Scheme (EUSS) have either Settled Status (indefinite leave to remain) or Pre-Settled Status (time-limited leave to remain).

You cannot accept an EU passport alone as evidence of the right to work. The right to work must be verified using the online check service with a share code.

An EU national with Settled Status: the online check will confirm they have an unrestricted right to work. This is a List A equivalent check. No follow-up required.

An EU national with Pre-Settled Status: the online check will confirm their current right to work and the expiry date of their status. This is a List B equivalent check. You must carry out a follow-up check before the Pre-Settled Status expires.

EU nationals without EUSS status (those who arrived after 31 December 2020 and have not been granted leave to remain): must have a current visa or entry clearance that permits work.

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Common Right to Work Check Mistakes

Mistake 1: Checking after employment starts

The check must be done before the employee starts work. A check conducted on day one (during induction, after they have worked even a day) does not give you a statutory excuse. The check must happen before they begin working.

Mistake 2: Only checking some employees

If you have a practice of only checking employees who "look like" they might not have the right to work, you are discriminating on grounds of race and national origin, and you do not have a statutory excuse for employees you did not check.

Mistake 3: Accepting a photocopy

For manual checks, you must see the original document. A photocopy or scan provided by the employee is not acceptable for a manual check (it is only acceptable as your retained copy).

Mistake 4: Not setting follow-up reminders for time-limited documents

If you carry out a List B check or an online check that shows a time-limited right to work, you must check again before the right expires. Failure to do so means your statutory excuse lapses.

Mistake 5: Retaining documents insecurely

Right to work documents contain personal data. Retain copies securely in line with your GDPR obligations. Do not leave physical copies unsecured. Keep them for at least the duration of employment plus two years after employment ends.

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How Long Must You Keep Right to Work Records?

Keep records for the duration of employment plus two years after the employment ends. This ensures you can demonstrate compliance if the Home Office investigates.

Records to keep:

• The document copy (or the share code check confirmation)
• The date the check was conducted
• The name of the person who conducted the check

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A Right to Work Checklist

• [ ] Check is carried out before the employee starts work (not on day one, before day one)
• [ ] Same process applied to every employee (no selective checking)
• [ ] Original document seen (not a copy provided by the employee)
• [ ] Photo matches the person, dates are valid
• [ ] Clear copy made and retained
• [ ] Date of check written on the retained copy
• [ ] For online checks: check conducted by employer using share code (not accepted from a screenshot)
• [ ] For time-limited documents: follow-up check reminder set before expiry
• [ ] Records retained securely for duration of employment plus two years

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FAQ: Right to Work Checks UK

Do I need to do a right to work check for a British citizen?

Yes. The rules require you to check every employee. British citizens can be verified using a UK passport (current or expired), a long-form birth certificate with accompanying documentation, or via an IDSP digital check.

What if a new employee does not have their passport yet?

Do not let them start work until you have confirmed their right to work. If they have applied for a BRP or have other documents, check what is available. You cannot accept a verbal assurance or a promise to provide documents later.

Can I keep a photo of the document on my phone?

No. You must retain the copy in a secure system. A photo on a personal phone is not secure and creates a data protection risk. Use a secure HR system, a password-protected folder, or physical secured records.

What happens if the Home Office audits me?

The Home Office (through its Employer Compliance team) can audit your right to work records. They will want to see a copy of the document checked and the date of the check for every current and recent employee. If you cannot produce records, you do not have a statutory excuse and can face a civil penalty.

What is the civil penalty for employing an illegal worker?

Up to £60,000 per illegal worker. First-time offenders may receive a lower penalty. Repeat offenders face the maximum. The Home Office publishes a register of employers who receive civil penalties.

Do agency workers need a right to work check?

If you hire staff through a genuine employment agency or umbrella company, the legal obligation to check right to work typically rests with the agency. However, you should confirm this in your contract with the agency. Do not assume. If the worker is deemed to be your employee rather than the agency's, the obligation is yours.

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Get Your Onboarding Process Checked

A compliant right to work process is one of the basics of hiring, and one of the most commonly done wrong. Get your onboarding documentation and process checked.

EmployerKit Audit from £49. We check your employment contract and onboarding process against current legal requirements.

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Last updated: April 2026