Right to Work Check
A right to work check is the mandatory verification that every UK employer must carry out — for every employee, regardless of nationality — to confirm the worker has legal authorisation to work in the UK before they start their role.
In This Article
- What is a right to work check?
- Who must be checked?
- Manual document checks
- Digital and online checks
- Repeat checks for time-limited workers
- What counts as a statutory excuse?
- Penalties for non-compliance
- Common mistakes to avoid
- Frequently asked questions
- Related terms
What is a Right to Work Check?
Every employer in the UK has a legal obligation under the Immigration, Asylum and Nationality Act 2006 to check that each employee has the right to work in the UK before employment begins. This check applies to all workers — British, EU, and non-EU — without exception.
The check creates a statutory excuse for the employer: if an employee is later found to be working illegally, an employer who carried out the check correctly is protected from civil penalties. An employer who fails to check, or checks incorrectly, is liable regardless of whether they knew the worker was illegal.
Who Must Be Checked?
Every employee, without exception. Carrying out checks only on people who appear to be foreign nationals — or who have an accent, name, or appearance that suggests non-British origin — is race discrimination and is itself illegal. All checks must be applied uniformly.
The check must be done before the first day of work. Retrospective checks do not create a statutory excuse.
Manual Document Checks
Manual checks involve the employer physically examining original documents from one of the Home Office's Lists A and B:
List A — Unlimited right to work (check only once):
- UK/Irish passport (or expired passport + birth certificate + NI number evidence)
- UK birth certificate + NI number evidence
- EEA passport/ID card (only for those with EU Settlement Scheme status)
- Biometric Residence Permit showing unlimited leave (e.g., indefinite leave to remain)
List B — Time-limited right to work (must be re-checked before expiry):
- Biometric Residence Permit with an expiry date (sponsored workers)
- A current passport with a visa vignette
- A Home Office document confirming leave (e.g., a visa approval email, digital status)
The employer must:
- Obtain the original document
- Check it is genuine and the photo matches
- Make a clear copy
- Record the date the check was made
Digital and Online Checks
Since 2022, many workers can prove their right to work using the Home Office online right to work checking service at gov.uk/prove-right-to-work. This applies to:
- Workers with a Biometric Residence Permit (BRP)
- Workers with status under the EU Settlement Scheme
- Workers who have a digital immigration status (eVisa)
The worker shares a "share code" with the employer. The employer enters the code into the online service along with the worker's date of birth to instantly verify current status. Online checks are as legally valid as manual checks.
From late 2024, BRP holders migrated to eVisa status, meaning physical BRPs are no longer the primary document — online checks are now the default for most non-EEA workers.
Repeat Checks for Time-Limited Workers
Workers with time-limited leave (e.g., Skilled Worker visa holders) must have their right to work re-checked before their leave expires. This is a continuing employer obligation throughout the employment relationship, not just a one-off on day one.
Sponsors who fail to re-check before expiry lose their statutory excuse. A compliance audit will look for evidence of timely follow-up checks.
Best practice: maintain a central register of all employees with time-limited leave and the dates their documents must be re-checked, with automated reminders at 3 and 1 months before expiry.
What Counts as a Statutory Excuse?
A statutory excuse means that even if an employee is later found to be an illegal worker, the employer is protected from civil penalties — provided the check was done correctly.
A statutory excuse is established when:
- The check was done before employment started (or before the original leave expired for repeat checks)
- The employer obtained and checked the correct document or used the online service
- The employer retained a legible copy and recorded the date
If the check was done correctly but the worker presented false documents, the employer has the excuse. If the employer failed to check, or accepted a document that obviously couldn't be valid, there is no excuse.
Penalties for Non-Compliance
| Violation | Maximum penalty |
|---|---|
| Civil penalty per illegal worker (first offence) | £45,000 per worker |
| Civil penalty per illegal worker (repeat offence) | £60,000 per worker |
| Criminal offence (knowingly employing illegal worker) | Unlimited fine + up to 5 years imprisonment |
| Sponsor duty breach (failing checks for sponsored workers) | Licence suspension or revocation |
Civil penalties were significantly increased in February 2024 — tripling from the previous maximums of £15,000 and £20,000.
Common Mistakes to Avoid
- Checking only non-British-looking applicants. This is race discrimination and gives no protection anyway.
- Accepting copies instead of originals. Original documents must be physically examined (or online checks done for digital-status holders).
- Not keeping a copy. Without a retained copy, there is no evidence the check was done.
- Not recording the check date. The date determines whether a repeat check was timely.
- Failing to re-check time-limited workers. The employer's statutory excuse for time-limited workers lasts only until the original leave expiry — not indefinitely.
- Assuming online share codes are infallible. If the system returns a "cannot confirm" result, stop and investigate rather than proceeding.
Frequently Asked Questions
Does the right to work check apply to contractors and self-employed workers?
No — the statutory obligation applies to employees (including workers under employment contracts). Contractors working through their own company are not directly employed and the standard obligations don't apply in the same way. However, many businesses extend similar checks for risk management.
Can a worker provide a share code if they only have a physical BRP?
Most BRP holders who haven't yet migrated to eVisa status can use the online service. Workers should check at gov.uk/prove-right-to-work whether they can generate a share code.
What if a worker's visa is being renewed and they have no current documents?
Workers with a pending in-time application have "3C leave" — their right to work continues until a decision is made. The employer should use the Employer Checking Service to verify status and obtain a "Positive Verification Notice" — this creates a statutory excuse for the duration of the PVN.
Do I need to re-check British workers?
No. British citizens have a permanent, unlimited right to work. Once checked (via passport or birth certificate + NI evidence), no repeat check is required regardless of how long they remain employed.
Related Terms
- Sponsor Compliance Visit
- Sponsor Licence Suspension & Revocation
- Sponsor Licence
- Changing Visa Sponsors
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