How to Check Right To Work: Employers’ Guide 2026

What is a Right to Work Check

UK employers are legally required to conduct Right to Work Checks to verify that prospective employees have valid permission to work in the United Kingdom. This requirement is set out under the Immigration, Asylum and Nationality Act 2006, specifically Sections 15 to 25, with the most recent guidance updated by the Home Office in June 2025.

By conducting a Right to Work Check in accordance with current government guidelines, employers establish a ‘statutory excuse’ against civil penalties. This protection means that if an individual is later found not to have correct work permissions, the employer can avoid fines—provided they completed the checks accurately and before employment began.

The process involves confirming an individual’s identity and immigration status, ensuring compliance with UK employment laws and safeguarding businesses against enforcement actions. Checks can be conducted through various methods, including physical document verification, online digital checks, or using certified Identity Service Providers.

Is it Mandatory to Run Right to Work Checks as an Employer?

Yes, Right to Work Checks are mandatory in the UK. All employers must conduct these checks to prevent illegal working and comply with immigration laws. The government provides detailed protocols on documenting and maintaining records of these checks, with the latest guidance emphasizing digital verification methods wherever possible.

Critical Changes for 2026: What Employers Need to Know

Expansion of Right to Work Obligations

The Border Security, Asylum and Immigration Act 2025, which received Royal Assent in December 2025, introduces the most significant expansion of Right to Work requirements in recent history. While implementation dates are still being finalized, employers must prepare for substantial changes affecting:

• Workers (not just employees): This includes individuals on casual or irregular working arrangements, zero-hours contracts, and those who fall outside traditional employment definitions but still provide services.
• Online matching services: Platforms that connect service providers with clients or customers for remuneration will trigger Right to Work obligations.
• Subcontractors: When businesses engage contractors who subsequently subcontract work to others, verification obligations may extend down the contractual chain.

This expansion targets sectors perceived as high-risk for illegal working, including construction, delivery services, hospitality, and the gig economy. However, the practical implications will affect virtually all UK employers who engage any form of non-employee labour.

Digital ID Scheme Scaled Back

In a significant policy reversal announced in January 2026, the UK government scaled back its mandatory digital ID scheme. Originally announced in September 2025, the scheme would have required all individuals to hold a digital ID by 2029 to prove their Right to Work.

Following concerns over data security, privacy, and compliance burden, the government confirmed the scheme will now proceed on a voluntary basis only. This means:

• Individuals will not be legally required to hold a digital ID card
• Physical document verification remains a valid checking method
• British and Irish nationals can continue using traditional documents unless employers opt for digital verification services
• The government maintains its commitment to digitising all Right to Work checks by 2029, but through gradual expansion rather than mandatory implementation

Employers should note that while the mandatory requirement has been removed, the government continues expanding digital checking capabilities, and using approved Identity Service Providers remains an option for streamlining verification processes.

eVisas Replace Physical Documents

As of January 1, 2025, the UK Home Office transitioned from issuing physical Biometric Residence Permits (BRPs) to digital eVisas. An eVisa serves as an online record of an individual’s immigration status, detailing their identity and any conditions attached to their stay in the UK.

Critical points for employers:

• Expired BRPs are no longer acceptable proof of Right to Work, even if they show a future expiry date
• All individuals with BRPs must now use the online checking service via share codes
• Existing BRPs remain valid as identity documents but do not prove current immigration status
• Employers relying on physical BRPs without conducting online checks risk civil penalties

Consequences of Failing to Comply with Right to Work Regulations

Non-compliance with Right to Work regulations carries severe repercussions for UK businesses:

Civil Penalties

Employers can face fines of up to £60,000 per illegal worker, with higher penalties for repeated offences. These penalties apply even when employers had no knowledge of the illegal working, underscoring the importance of robust verification procedures.

Criminal Prosecution

In cases where employers knowingly hire individuals without Right to Work, criminal charges may result in unlimited fines or imprisonment of up to 5 years. The Home Office has intensified enforcement activities in 2026, with a marked increase in compliance raids and arrests.

Sponsor Licence Implications

Non-compliance can lead to suspension or revocation of a Sponsor Licence, causing visas for sponsored workers to be curtailed and resulting in significant operational disruption. For businesses relying on international talent, losing sponsor status can be catastrophic.

Reputational Damage

Failing to comply with Right to Work laws can severely damage a company’s reputation. Inclusion on the Home Office’s civil penalty offender list leads to negative publicity, loss of customer trust, and potential long-term market impacts.

Operational Disruption

Non-compliance disrupts business operations through loss of key employees found working illegally and diversion of resources to address legal issues arising from breaches.

Who Needs a Right to Work Check?

Right to Work Checks apply to all UK employers and must be conducted before employment begins. Every worker—whether permanent, temporary, part-time, casual, or engaged through non-traditional arrangements—must have their Right to Work verified.

Current Requirements (Pre-2026 Expansion)

The following individuals currently require Right to Work verification:

• Permanent Employees: All individuals hired on a permanent basis
• Temporary and Seasonal Workers: Including those employed for short-term projects
• Part-Time Workers: Irrespective of weekly hours worked
• Casual Workers and Zero-Hours Contracts: All individuals on casual or zero-hours arrangements
• Contractors and Freelancers: When the employer controls how work is performed
• Volunteers: In certain cases where contractual obligations exist similar to paid employment

Complex Scenarios Requiring Verification

• EU, EEA, and Swiss Citizens: Post-Brexit, these individuals require EU Settlement Scheme status or valid visas
• Student Visa Holders: International students with restrictions on work hours during term time
• Seasonal Agricultural Workers: Requiring specific visas such as the Seasonal Worker Visa
• Sponsored Workers: Including Skilled Worker visa holders and their sponsorship conditions
• Family Members of Migrants: Eligible for employment but requiring visa condition verification
• Asylum Seekers and Refugees: Asylum seekers may have limited work rights requiring Home Office permission; refugees have the same work rights as UK citizens

Upcoming Changes: Expanded Obligations

Once the Border Security, Asylum and Immigration Act 2025 is implemented, employers will need to verify Right to Work for:

• All workers (not just employees) under their engagement
• Individuals sourced through online matching platforms
• Subcontractors engaged to perform work on the company’s behalf

Employers should begin auditing their workforce arrangements now to identify all individuals who will fall under these expanded requirements.

Types of Right to Work Checks

Employers in the UK have several approved methods for verifying an individual’s Right to Work. The appropriate method depends on the employee’s circumstances and immigration status.

Manual Right to Work Checks

This traditional method involves physically verifying the employee’s original documents. Employers must meet with the employee in person (or via video link for remote checks) to inspect documents such as passports or residence permits. The document holder must be present to validate authenticity, and copies should be made and securely stored as proof of compliance.

Online Right to Work Checks

For individuals with biometric residence permits, EU Settlement Scheme status, or eVisas, the UK government’s online checking service provides digital verification. This system requires the employee to generate a share code, which the employer uses to verify their Right to Work through a secure government portal.

Digital Verification via Identity Service Providers (IDSPs)

Employers can use certified digital verification services for British and Irish nationals. This process involves ID validation technology facilitated by approved Identity Service Providers, streamlining the verification process while maintaining accuracy and compliance.

Employer Checking Service

When an employee cannot present required documents—possibly due to an ongoing Home Office application or appeal—employers must use the Employer Checking Service. This service provides essential verification for situations outside standard checking procedures, offering a statutory excuse when conducted properly.

How to Conduct Manual Right to Work Checks

To properly conduct a manual Right to Work Check and establish a statutory excuse, employers must follow these essential steps:

Step 1: Obtain Original Documents

Request original documents proving Right to Work from either List A or List B of acceptable documentation (see below). List A documents prove permanent Right to Work; List B documents indicate time-limited permission requiring follow-up checks.

Step 2: Meet the Individual

The employee must present original documents either in person or via live video call. Verify that documents are authentic and belong to the individual presenting them. For non-British or Irish nationals, ensure visa or permission details match job requirements.

Step 3: Verify Document Details

Carefully examine documents for authenticity:

• Ensure photographs match the individual
• Feel the document texture to detect alterations or forgeries
• Confirm document details (name, date of birth) are consistent across all documents
• Check expiry dates to verify permissions remain valid
• For passports, examine all pages for completeness

Step 4: Check Work Restrictions

If the individual holds a visa with specific restrictions (e.g., limited hours for students), verify that the role offered complies with those conditions. For students, this may involve verifying term dates to understand allowable working hours.

Step 5: Take and Retain Copies

Keep legible copies of all documents used to verify Right to Work. Copies must include all relevant information—photographs, expiration dates, visa endorsements—to ensure full compliance. Clearly note the date when the check was conducted on each document copy.

Step 6: Secure Storage

Store records securely for the duration of employment plus two years after the individual leaves. Records must be easily accessible for Home Office inspections or compliance audits.

Acceptable Right to Work Documents

Acceptable documents for verifying Right to Work are categorized into List A and List B, each with specific subcategories based on the type of immigration permission.

List A: Permanent Right to Work

List A documents prove permanent Right to Work in the UK. Once verified, no follow-up checks are required. Acceptable documents include:

List A – Group 1

• A passport (current or expired) showing the holder is a British citizen or UK and Colonies citizen with right of abode
• A passport or passport card confirming Irish citizenship
• A certificate of registration or naturalization as a British citizen

List A – Group 2

• Birth or adoption certificates issued in the UK, Channel Islands, Isle of Man, or Ireland
• Must be paired with an official document showing the NI number and individual’s name
• A document issued by the Home Office showing indefinite leave to remain or no time limit on stay

List B: Time-Limited Right to Work

List B documents indicate time-limited Right to Work, requiring follow-up checks before permission expires.

List B – Group 1

Permission granted for longer than 12 months. Follow-up checks required before expiry:

• A current passport with valid UK visa and work permission endorsement
• An Immigration Status Document confirming permission to stay and work
• A Biometric Residence Permit showing permission to stay (note: BRPs alone no longer prove current status; online verification required)

List B – Group 2

Permission granted for 12 months or less, or no extension of stay. Follow-up checks required:

• A Certificate of Application for EU Settlement Scheme status with a Positive Verification Notice from the Home Office
• Positive Verification Notice from the Employer Checking Service
• Application Registration Card verified through the Home Office

Important: Employers must retain clear copies of all documents for the duration of employment and two years thereafter.

Online Right to Work Checks Using Share Codes

The Home Office online checking service allows employers to verify Right to Work digitally for individuals with:

• Biometric Residence Permits (BRPs)
• Biometric Residence Cards (BRCs)
• Pre-settled or settled status under the EU Settlement Scheme
• Frontier Worker Permits (FWP)
• eVisas

Critical: Since April 6, 2022, holders of BRPs, BRCs, and FWPs must prove Right to Work exclusively through the online service. Physical documents are no longer acceptable proof, even if showing valid expiry dates.

How to Conduct an Online Check

Step 1: Obtain a Share Code

The prospective employee generates a unique 9-character share code via the gov.uk website or app. The code is valid for 30 days and authorizes employer access to immigration status. Share codes for Right to Work checks begin with the letter ‘W’. Codes starting with other letters (e.g., ‘S’ or ‘R’) are not valid for Right to Work purposes.

Step 2: Access the Online Service

Visit the Home Office online system and select “View a job applicant’s right to work details.” Enter the share code and individual’s date of birth to access their profile.

Step 3: Verify Details

The online check generates a profile page including:

• Photograph: Verify the photo matches the person presenting for work
• Permission to Work: Confirms whether the individual has UK work permission and any restrictions (e.g., limited hours for students)
• Expiry Date: Shows when permission expires, if applicable

Step 4: In-Person Verification

Meet the individual in person on their first day of employment to verify they match the photograph shown online. This step confirms identity authenticity.

Step 5: Retain Evidence

Download and save a copy of the profile page as proof the check was conducted correctly. The record must include:

• The date of the check
• The name of the person conducting the check
• The time and date of meeting the individual in person

Store records securely (electronically or in hard copy) for the duration of employment and two years after the individual leaves.

Key Compliance Points

• Statutory Excuse: Only established by accessing details through the official “View a job applicant’s right to work details” service. Partial verification is insufficient
• Verification and Security: Verify the share code starts with ‘W’ and matches identity details. Discrepancies require investigation
• Record Retention: Maintain results securely for audit purposes

Important: BRP Expiry Updates

Even if a BRP shows an expiry date of December 31, 2024 (or later), employers must rely on the visa expiry date displayed in the online system. This ensures individuals whose visas extend beyond BRP expiry dates are not incorrectly barred from employment.

Right to Work Checks for eVisa Holders

As of January 1, 2025, the UK fully transitioned to digital eVisas, replacing physical Biometric Residence Permits. eVisa holders use the Home Office share code system to prove Right to Work.

Who Can Use eVisa Share Codes

According to February 2023 Home Office guidance, eVisa holders can generate share codes under specific conditions:

• Making an in-country eVisa application to remain in the UK
• Using the UK Immigration: ID Check app as part of their application
• Not already holding settled or pre-settled status or a frontier worker permit
• Application submitted after January 26, 2023, but before current permission expires
• Awaiting a decision on their application, administrative review, or appeal

Conducting eVisa Right to Work Checks

1. Obtain Share Code: The eVisa holder generates and provides a share code authorizing verification
2. Access Online Service: Use “View a job applicant’s right to work details” on the Home Office website with the share code and date of birth
3. Verify Identity: Confirm photograph and details match the individual presenting for employment
4. Statutory Excuse Validity: If conducted correctly, establishes a statutory excuse for six months after the initial check date
5. Follow-Up Checks: Conduct repeat checks if immigration status remains pending or as permission reaches expiry
6. Key Considerations
   • No ECS Required: eVisa holders meeting the above conditions don’t require the Employer Checking Service, simplifying verification
   • Retain Evidence: Keep share code, check date, and documentation securely for employment duration plus two years
   • Stay Updated: eVisa regulations continue evolving; monitor Home Office guidance for changes

Digital ID Verification Technology (IDSPs)

Employers can use Identity Document Validation Technology (IDVT) through approved Identity Service Providers (IDSPs) to conduct Right to Work Checks for British and Irish citizens. This method offers streamlined verification while maintaining Home Office compliance standards.

Role of Identity Service Providers

IDSPs facilitate digital identity checks using ID validation technology. The process verifies British and Irish nationals holding valid passports or Irish passport cards. IDSPs authenticate documentation on behalf of employers, ensuring statutory compliance.

To establish statutory excuse against civil penalties, IDVT must meet a ‘Medium Level of Confidence’ as the minimum standard defined by Home Office guidance.

Employer Responsibilities

While IDSPs conduct digital checks, ultimate compliance responsibility remains with employers. Employers must:

• Use Approved IDSPs: Only certified providers meeting Home Office standards may conduct checks
• Verify Results: Review check outcomes to confirm the individual has valid Right to Work
• Retain Documentation: Obtain and securely store evidence of IDVT checks for employment duration plus two years
• Understand Limitations: IDSPs can only perform digital checks, not manual document verification or online share code checks

Compliance with Home Office Guidance

Updated guidance issued in 2023 specifies that IDSPs may only conduct digital Right to Work Checks for British and Irish citizens with valid passports or passport cards. Employers cannot delegate manual checks or Employer Checking Service verifications to IDSPs.

Compliance with this guidance is essential to maintain statutory protection against civil penalties if a worker later lacks proper work authorization.

Current Status: Voluntary Digital ID Scheme

Following January 2026’s policy announcement, the UK government confirmed that digital ID will remain voluntary rather than mandatory. This means:

• Employers may choose to use IDSPs but are not required to do so
• Traditional manual checks remain fully acceptable
• The government continues expanding digital infrastructure while maintaining flexibility for employers and individuals

Record Keeping and Document Retention Guide

Proper record keeping and document retention are critical for establishing and maintaining statutory excuse against civil penalties.

Creating Compliant Records

1. Make Legible Copies

Create clear, legible copies of all documents provided as part of Right to Work Checks. For passports, copy pages with expiry dates, personal details (nationality, date of birth, photograph), and visa endorsements. For two-sided documents, copy both sides if information appears on the reverse.

2. Date Documentation

Every document copy must clearly show the date the Right to Work Check was conducted. Write or stamp the date directly on the copy. This notation is crucial for proving checks occurred before employment commenced, as required for statutory excuse.

3. Retention Duration

Retain documents for the entire employment period plus two years after employment ends. This ensures records remain available for Home Office inspections or compliance audits.

4. Secure Format

Store copies in tamper-proof formats such as PDF scans or photocopies. Digital files must be secured with access restricted to authorized personnel only.

Data Protection Compliance

Comply with GDPR when handling personal information. Inform employees how their data is used, stored, and protected through privacy notices or data protection policies.

• Secure Storage: Prevent unauthorized access by encrypting digital files and keeping physical copies in locked cabinets
• Document Destruction: After the two-year post-employment retention period, securely destroy copies by shredding physical documents and permanently deleting digital records

Maintaining Current Records

Update records when conducting follow-up checks for employees with time-limited leave. Each follow-up check should be documented with new copies and updated check dates.

Accessibility for Inspections

In Home Office inspections, employers must provide Right to Work Check records promptly. Organize records for quick retrieval using digital systems or well-structured filing systems.

Follow-Up Right to Work Checks

Right to Work Checks are not one-time obligations. Employers must conduct follow-up checks for employees with time-limited UK work permission before their current leave expires.

Who Requires Follow-Up Checks?

Limited Leave to Remain Holders

Employees with time-limited visas (e.g., Skilled Worker visas) who haven’t yet applied for settled status require follow-up checks shortly before their leave expires to maintain statutory excuse.

Positive Verification Notice (PVN) Recipients

Employers relying on a PVN from the Employer Checking Service must conduct follow-up checks within six months, as PVNs provide time-limited statutory excuse requiring vigilance as immigration status evolves.

Grace Period and Special Cases

For employees applying to extend leave to remain, employers have a 28-day grace period after leave expiry to retain statutory excuse while awaiting decisions. During this period, employees can continue working provided their extension application was submitted before previous visa expiry.

Important: The 28-day grace period does not apply to new employees awaiting initial application decisions. For new hires, employers must wait for Employer Checking Service confirmation, typically a six-month PVN, before employment begins.

When to Stop Employment

If an employee’s work permission expires and they haven’t applied for further leave or their application was refused, continuing employment is illegal. Consequences include:

• Civil Penalties: Fines up to £60,000 per illegal worker
• Criminal Prosecution: Employers knowingly employing unauthorized workers may face criminal charges resulting in unlimited fines or up to 5 years’ imprisonment
• Sponsor Licence Loss: Non-compliance can trigger sponsor licence suspension or revocation, affecting all sponsored workers and severely impacting operations
• Reputational Damage: Non-compliance leads to negative publicity, Home Office civil penalty register listing, and stakeholder trust loss

Maintaining Compliance

Develop robust systems for monitoring visa expiry dates and scheduling follow-up checks:

• Automated Alerts: Use HR software or tracking systems alerting personnel well before visa expiry dates, allowing sufficient time for follow-up checks
• Regular Staff Training: Ensure HR staff and recruitment personnel receive regular training on latest Right to Work regulations and understand follow-up check importance
• Accurate Record Maintenance: Document all follow-up checks thoroughly, retaining records for employment duration plus two years for Home Office audit evidence

Preparing for 2026 and Beyond

Right to Work compliance in 2026 demands heightened vigilance as the regulatory landscape continues evolving. The expansion of obligations to workers, contractors, and platform-based arrangements represents the most significant change to the system since its inception.

Employers should take proactive steps now:

• Audit current workforce arrangements to identify all individuals who will fall under expanded requirements
• Review and update onboarding policies to incorporate new checking obligations
• Consider voluntary expansion of Right to Work checks to all service providers and consultants
• Review contracts with agencies and suppliers to allocate responsibility for compliance
• Train relevant staff on new requirements and processes
• Respond to government consultations to help shape practical implementation
• Implement digital systems for tracking check dates and automating renewal reminders

With civil penalties reaching £60,000 per breach, criminal prosecution risks, and potential sponsor licence revocation, investing in robust Right to Work compliance systems is essential for protecting your organization and maintaining lawful operations.

As regulations continue evolving throughout 2026, staying informed of Home Office guidance updates and maintaining flexible compliance systems will position your organization for success in an increasingly complex regulatory environment.