Sponsor licence advice for employers hiring international talent Employer’s Guide to Right to Work Checks
UK employers must carry out compliant right to work checks before allowing an individual to begin employment.
An incomplete, late or incorrectly conducted check can expose an organisation to substantial civil penalties, criminal sanctions, sponsor licence action and significant reputational damage.
This guide explains how employers should conduct manual, online and digital right to work checks, establish a statutory excuse and manage employees whose permission to work is time-limited.
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Right to Work Checks: Key Facts
Key Takeaways
- Every new employee should undergo a prescribed right to work check.
- The check must be completed before the individual starts work.
- Employers must use the correct manual, online or digital checking method.
- A properly completed check can provide a statutory excuse against a civil penalty.
- Civil penalties can reach £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach.
- Follow-up checks may be required where an employee has time-limited immigration permission.
- Physical Biometric Residence Permits should not be accepted as evidence through a manual check.
- Right to work checks must be conducted fairly and consistently to avoid unlawful discrimination.
- Sponsor licence holders may face additional Home Office action where their compliance systems are inadequate.
The Home Office confirms that all UK employers are responsible for preventing illegal working by carrying out prescribed checks before employment begins.
Contents
What Is a Right to Work Check?
A right to work check is the process through which an employer confirms that a prospective or existing employee is legally permitted to work in the UK.
The check must also establish that the individual is permitted to perform the particular work being offered. Some individuals have a general right to work but remain subject to restrictions concerning:
- The type of work they may perform.
- The number of hours they may work.
- The employer for whom they may work.
- Whether they may take supplementary or secondary employment.
- Whether they may work in a permanent full-time vacancy.
Right to work checks should be completed for all new employees, including British and Irish citizens. Employers should not make assumptions about a person’s immigration status based on their nationality, appearance, accent or name.
The legal framework is principally contained in the Immigration, Asylum and Nationality Act 2006 and the accompanying Home Office codes of practice.
When Must a Right to Work Check Be Completed?
A prescribed right to work check must be completed before the individual starts employment.
This timing requirement is critical. Completing a check after the individual has already started work will not ordinarily provide a statutory excuse for the earlier period of employment.
Employers should ensure that the check is completed before the individual:
- Performs productive work.
- Begins a paid trial shift.
- Is activated on payroll.
- Receives unrestricted access to company systems.
- Starts an induction involving substantive work.
- Begins performing duties remotely.
An offer of employment may be made conditional upon the applicant demonstrating an acceptable right to work.
The Home Office checklist confirms that the check must be carried out before employment commences for the employer to obtain a statutory excuse.
What about remote onboarding?
Right to work checks can be completed remotely in certain circumstances, but employers must still use one of the prescribed methods.
For an online check, the employer may compare the Home Office profile photograph with the individual during a live video call.
For a manual check, the employer must be in possession of the original documents when completing the identity comparison. An emailed or scanned copy alone is not sufficient.
What Are the Different Types of Right to Work Check?
There are four principal routes through which an employer may verify an individual’s right to work:
- Manual document check
This involves examining acceptable original documents from the Home Office’s prescribed document lists.
- Home Office online check
This involves using a right to work share code and the individual’s date of birth to access their immigration status through the employer section of the government service.
- Digital identity check
A certified digital provider may be used for eligible British and Irish citizens.
- Employer Checking Service check
This service may be required where the individual has an outstanding immigration application or cannot otherwise demonstrate their status through the normal checking routes.
Employers must determine which checking method is appropriate for each individual. The employee cannot necessarily choose a manual check where the Home Office requires their status to be verified online.
How to Conduct a Manual Right to Work Check
Manual checks remain available where an individual holds an acceptable original document listed within List A or List B of the prescribed documents.
They may be used, for example, for:
- A British citizen presenting a British passport.
- An Irish citizen presenting an Irish passport or passport card.
- A British citizen presenting a UK birth or adoption certificate together with acceptable evidence of their permanent National Insurance number.
- A British citizen presenting a certificate of registration or naturalisation together with acceptable National Insurance evidence.
- Certain individuals holding an eligible passport endorsement or other qualifying immigration document.
An expired British or Irish passport may remain acceptable for a manual right to work check, provided that the document is genuine, belongs to the holder and establishes the relevant nationality.
A physical Biometric Residence Permit must not be accepted as evidence through the manual checking process. Individuals with digital immigration status should normally be checked through the Home Office online service.
Step 1: Obtain the original documents
The employer must obtain the original document or prescribed combination of documents.
A photograph, emailed copy or ordinary scanned copy is not sufficient for a prescribed manual check.
Step 2: Check the documents
The employer must check the documents in the presence of the holder. This may take place face to face or through a live video call, provided the employer is physically in possession of the original documents.
The employer should check that:
- The photograph is consistent with the person presenting themselves for work.
- The date of birth is consistent with the individual’s appearance.
- The documents appear genuine.
- There are no obvious signs of alteration or tampering.
- The names and personal details are consistent across the documents.
- Any differences in name are explained by supporting evidence.
- The immigration permission has not expired.
- The individual is permitted to perform the proposed work.
- Any restrictions on working hours or occupation are compatible with the role.
Employers are not expected to be document-forensic experts. However, they are expected to identify reasonably apparent discrepancies, alterations or inconsistencies.
Step 3: Copy the documents
The employer must make a clear and legible copy of the relevant documents in a format that cannot subsequently be altered.
For passports, the retained copy should include the pages showing the holder’s:
- Photograph.
- Personal details.
- Nationality.
- Date of birth.
- Signature.
- Passport expiry date.
- Relevant immigration endorsements or work conditions.
Other documents should generally be copied in full, including both sides where relevant.
Step 4: Record the date of the check
The employer should make a clear record stating:
“The date on which this right to work check was made was [insert date].”
The record should identify the person who conducted the check and the method used.
The copied evidence must be retained securely for the duration of employment and for a further two years after employment ends.
How to Conduct an Online Right to Work Check
The Home Office online checking service must be used where an individual holds digital immigration status.
This will commonly include individuals with:
- An eVisa.
- Settled status under the EU Settlement Scheme.
- Pre-settled status under the EU Settlement Scheme.
- Digital permission under a work, study, family or other immigration route.
- A digital Frontier Worker Permit.
- Certain outstanding immigration applications, appeals or administrative reviews.
An individual with an eVisa must normally prove their right to work by generating a share code. The employer must then use the dedicated employer service to view the individual’s status.
How does the share code work?
The individual generates a share code through their UK Visas and Immigration account.
They must select the option to prove their right to work. This should generate a nine-character code beginning with the letter W.
The employer will need:
- The right to work share code.
- The individual’s date of birth.
Share codes beginning with other letters may have been generated for a different purpose and should not be used to conduct the employment check.
What must the employer do?
The employer must:
- Access the employer section of the Home Office online checking service.
- Enter the share code and the individual’s date of birth.
- Review the Home Office-generated profile.
- confirm that the profile photograph matches the individual.
- Check the type and expiry date of the person’s permission.
- Confirm that the person is permitted to undertake the proposed role.
- Review any restrictions on working hours or occupation.
- Save or print the profile page.
- Record the date on which the check was completed.
The employer must access the status through the official employer service. It is not sufficient for the employee simply to show the employer their personal UKVI status screen.
The Home Office guidance confirms that the employer must use the employer-facing online service to establish a statutory excuse.
What evidence should be retained?
The employer should retain the Home Office profile page showing:
- The individual’s photograph.
- Their immigration status.
- Their right to work.
- Any applicable restrictions.
- The date on which the check was conducted.
The evidence should be retained securely throughout employment and for two years afterwards.
Digital Checks for British and Irish Citizens
Employers may use a certified identity provider to carry out the digital identity-verification element of a right to work check for eligible British and Irish citizens.
This route is currently associated primarily with individuals holding:
- A valid British passport.
- A valid Irish passport.
- A valid Irish passport card.
The provider uses digital identity-verification technology to confirm the authenticity of the document and the identity of its holder.
Does using a digital provider transfer responsibility?
No.
The employer remains legally responsible for ensuring that the prescribed check has been completed correctly.
The employer should:
- Use an appropriately certified provider.
- Obtain and retain the provider’s identity-check output.
- Check that the report relates to an eligible British or Irish citizen.
- Compare the verified photograph with the person presenting themselves for work.
- Satisfy itself that the individual is not an impostor.
- Complete the process before employment starts.
- Retain the evidence throughout employment and for two years afterwards.
An employer should not reject an applicant simply because they do not hold a valid passport, cannot use the digital process or prefer to establish their right to work through another prescribed method.
Changes from 1 October 2026
Further changes to digital verification are scheduled to take effect from 1 October 2026.
The new framework will use registered right to work Digital Verification Service Providers and will expand the range of documents that may be verified digitally in prescribed circumstances. The relevant legislation also provides for certain British and Irish passports or passport cards that expired no more than six months earlier to be verified through the digital provider route.
Employers should review their provider arrangements and internal policies before the new framework takes effect.
When to Use the Employer Checking Service
The Employer Checking Service may be required where an individual cannot establish their right to work through an acceptable manual document or the online share code service.
It may be appropriate where the individual:
- Has an outstanding immigration application.
- Has a pending appeal or administrative review.
- Has an Application Registration Card permitting specified employment.
- Holds a non-digital Certificate of Application.
- Has an eVisa or UKVI account containing an error.
- Is experiencing a technical problem with the online service.
- Is a long-term UK resident without conventional immigration documentation.
The service is not normally required where the individual can demonstrate their right to work using a British or Irish passport, an acceptable immigration document or an accessible digital status.
What is a Positive Verification Notice?
Where the Home Office confirms that the individual has permission to work, it will issue the employer with a Positive Verification Notice.
A Positive Verification Notice will normally establish a time-limited statutory excuse, commonly lasting for six months.
The employer should:
- Retain the notice.
- Record its expiry date.
- Set a reminder for a follow-up check.
- Complete another prescribed check before the statutory excuse expires.
An employer should not automatically reject, suspend or dismiss an individual merely because they cannot immediately produce a share code. The employer should establish whether another checking route is available.
The Obtain, Check, Copy and Record Process
A reliable compliance process can be summarised as:
Obtain → Check → Copy → Record
Obtain
Identify the correct checking route and obtain:
- Original prescribed documents.
- A right to work share code and date of birth.
- A digital identity-verification report.
- A Positive Verification Notice.
Check
Confirm that:
- The evidence belongs to the person presenting themselves for work.
- The photograph matches the individual.
- The evidence appears genuine.
- The permission remains valid.
- The person is permitted to perform the proposed role.
- Any restrictions are understood and can be observed.
Copy
Retain the prescribed evidence:
- Relevant passport or document pages.
- The complete Home Office online profile.
- The digital provider’s identity report.
- The Positive Verification Notice.
Record
Record:
- The date of the check.
- The checking method used.
- The person who completed the check.
- The immigration permission expiry date.
- Any restrictions on work.
- The date on which a follow-up check is required.
A well-designed checklist should be used consistently for every new starter.
What Is a Statutory Excuse?
A statutory excuse is an employer’s legal defence against liability for a civil penalty if an employee is subsequently found not to have had permission to perform the work in question.
To obtain a statutory excuse, the employer must normally:
- Use a prescribed checking method.
- Complete all required stages of the check.
- Conduct the check before employment begins.
- Retain the prescribed evidence.
- Complete any required follow-up checks.
Where the employer follows the Home Office process correctly, it will ordinarily be protected from a civil penalty even if the individual is later found to have been working illegally.
However, a statutory excuse will not protect an employer that knew, or had reasonable cause to believe, that the individual was working illegally.
Continuous statutory excuse
A continuous statutory excuse generally applies where the initial check establishes a permanent or unrestricted right to work.
This may include:
- British citizens.
- Irish citizens.
- Individuals with indefinite leave to enter or remain.
- Individuals with settled status.
- Other individuals evidenced through a List A document.
No routine follow-up check is normally required during continuous employment.
Time-limited statutory excuse
A time-limited statutory excuse applies where the employee’s permission to work is temporary.
The excuse will usually last until:
- The expiry date of the immigration permission.
- The date stated on the Home Office online profile.
- The expiry of a Positive Verification Notice.
- Another specified follow-up date.
The employer must conduct a further prescribed check before the time-limited excuse expires.
When Must Employers Repeat a Right to Work Check?
Follow-up checks are generally required for employees with time-limited permission to work.
Employers should maintain a reliable immigration-expiry monitoring system and should not rely solely on employees to remind HR that their permission is approaching expiry.
A practical reminder schedule may include alerts:
- 90 days before expiry.
- 60 days before expiry.
- 30 days before expiry.
- Seven days before expiry.
The employer should contact the employee early enough to establish whether they:
- Have obtained further permission.
- Have submitted an in-time immigration application.
- Are awaiting a Home Office decision.
- Need to generate a new share code.
- Require an Employer Checking Service referral.
What if the employee has applied to extend their visa?
An employee who submits a valid application before their existing permission expires may benefit from continuing immigration permission under section 3C of the Immigration Act 1971.
Where the continuing right to work is not immediately visible through the online service, the employer may need to request verification through the Employer Checking Service.
The expiry of the employee’s original visa does not automatically mean that their right to work has ended.
Employers should investigate the position carefully before taking disciplinary action, suspending the employee or terminating employment.
How Have eVisas Changed Right to Work Checks?
The UK immigration system is now digital by default.
An eVisa is a digital record of an individual’s identity and immigration status. Most individuals granted immigration permission are expected to access and prove their status through a UKVI account.
Physical Biometric Residence Permits are no longer an acceptable basis for a prescribed manual right to work check. Employers should normally request a share code and complete the Home Office online check.
Common eVisa problems
Employers may encounter situations where:
- The employee has not created or accessed their UKVI account.
- A new passport has not been linked to the account.
- The profile displays an incorrect photograph.
- The immigration conditions are inaccurate.
- A recent extension application is not displayed.
- The employee generates a share code for the wrong purpose.
- The Home Office service is temporarily unavailable.
These issues do not necessarily mean that the person has no right to work.
The employer should consider:
- Asking the employee to update their UKVI account.
- Requesting a new right to work share code.
- Retaining evidence of attempts to resolve the problem.
- Using the Employer Checking Service where appropriate.
- Obtaining legal advice before suspending or dismissing the employee.
Employers should update any onboarding materials that continue to instruct applicants to provide a physical BRP as their principal evidence of status.
What Are the Penalties for Employing an Illegal Worker?
An employer that employs an individual who does not have permission to perform the work may receive a substantial civil penalty.
The maximum penalties are:
- £45,000 per illegal worker for a first breach.
- £60,000 per illegal worker for a repeat breach.
The Home Office may impose a penalty where an employer failed to complete the correct check or did not complete the check properly.
Criminal liability
An employer may commit a criminal offence where it knows, or has reasonable cause to believe, that an individual is working illegally.
Potential consequences include:
- An unlimited fine.
- Imprisonment for responsible individuals.
- Confiscation of the proceeds of crime.
- Director disqualification.
- Business closure or compliance orders.
Sponsor licence consequences
For sponsor licence holders, illegal-working concerns may also result in:
- A Home Office compliance visit.
- Suspension of the sponsor licence.
- Downgrading of the licence.
- Revocation of the licence.
- Curtailment or cancellation of sponsored workers’ permission.
- Restrictions on future sponsorship.
- Significant disruption to recruitment and workforce planning.
Reputational and commercial consequences
The organisation may also face:
- Publication of its details by Immigration Enforcement.
- Adverse press coverage.
- Loss of client or supplier confidence.
- Regulatory scrutiny.
- Difficulties in tenders and commercial due diligence.
- Operational disruption following the loss of workers.
Right to work compliance should therefore form part of the organisation’s wider governance, risk and workforce-management framework.
How Can Employers Avoid Discrimination?
Employers must balance their responsibility to prevent illegal working with their obligations under equality legislation.
Right to work checks should be applied consistently to all applicants, including British and Irish citizens.
The Home Office publishes a statutory code explaining how employers can avoid unlawful discrimination while complying with the right to work scheme.
Employers should not:
- Check only applicants who appear to be foreign nationals.
- Make assumptions based on an applicant’s name, appearance or accent.
- Insist that a worker must hold a British passport.
- Refuse an acceptable alternative document.
- Reject an applicant solely because their permission is time-limited.
- Refuse to consider a person with an outstanding immigration application.
- Insist on use of a digital identity provider where another prescribed route is available.
- automatically dismiss an employee because an eVisa cannot immediately be accessed.
- Apply different standards to different nationalities.
All applicants should be given a reasonable opportunity to establish their right to work through one of the prescribed checking routes.
Recruitment decisions should be based on whether the individual can lawfully perform the role and whether they meet the organisation’s legitimate selection criteria.
Employer Right to Work Best-Practice Checklist
Employers should consider implementing the following controls:
- Adopt a written right to work policy.
- Use a standard checklist for every new starter.
- Train all HR, recruitment and onboarding staff.
- Centralise responsibility for checks where possible.
- Complete the check before employment begins.
- Prevent payroll activation until the check is complete.
- Retain clear and complete evidence.
- Record the date and method of every check.
- Maintain a central immigration-expiry tracker.
- Set multiple reminders for time-limited permission.
- Record student term and vacation dates.
- Monitor restrictions on sponsored and temporary workers.
- Establish an escalation process for unclear cases.
- Develop a procedure for eVisa and share-code errors.
- Audit right to work files periodically.
- Review agency and labour-supply arrangements.
- Review contractor and subcontractor procedures.
- Restrict access to immigration records in accordance with data-protection requirements.
- Keep policies under review as Home Office guidance changes.
Additional considerations for sponsor licence holders
Sponsor licence holders should also ensure that:
- Sponsored workers are performing the role described in their Certificate of Sponsorship.
- Salary, working hours and work location remain compliant.
- Changes are reported through the Sponsor Management System where required.
- Absences are monitored.
- Contact details are kept up to date.
- Sponsor records can be produced promptly during a compliance visit.
- Right to work records are consistent with payroll and sponsorship records.
Frequently Asked Questions
Do employers need to conduct right to work checks on British citizens?
Yes. Employers should conduct a prescribed check for every new employee, including British and Irish citizens.
Checking only individuals who appear to be foreign nationals could create a risk of unlawful discrimination.
Can an employer accept an expired British passport?
An expired British passport may be accepted for a prescribed manual check, provided it is genuine, belongs to the holder and confirms that the individual is a British citizen.
The same principle may apply to an expired Irish passport or Irish passport card.
Can an employer accept an expired BRP?
No. A physical Biometric Residence Permit should not be accepted as proof through a manual right to work check.
The employer should normally use the Home Office online service with a share code.
Can an employer accept a photograph or scanned copy of a passport?
Not for a prescribed manual check.
The employer must obtain and examine the original document. A digital check or Home Office online check may be available in appropriate cases.
How long is a right to work share code valid?
A right to work share code is time-limited. Employers should use it promptly and confirm that it was generated specifically for a right to work check.
The employer must access the official employer service rather than relying on a screenshot provided by the individual.
What happens if an employee cannot generate a share code?
The employer should establish why the employee cannot access the service.
The employee may need to update their UKVI account, link a new passport or correct an error. In other cases, the employer may need to use the Employer Checking Service.
How long must right to work records be retained?
The evidence should be retained securely throughout employment and for two years after the employment ends.
Does a right to work check need to be repeated?
A follow-up check may be required where the employee has time-limited permission.
A routine follow-up check is not normally required where the original check established a continuous statutory excuse.
Can an employee start work while a check is pending?
The employer should not allow the individual to start work until the prescribed check has been completed and their right to perform the role has been established.
What if an employee’s visa expires while an extension application is pending?
The employee may retain permission to work where they submitted a valid application before their previous permission expired.
The employer should complete the appropriate online or Employer Checking Service check rather than assuming that the employee must stop work.
Is the employer responsible when a digital provider conducts the check?
Yes. Using a digital provider does not remove the employer’s responsibility.
The employer must still confirm that the provider’s report relates to the individual presenting themselves for work and retain the prescribed evidence.
Are right to work checks required for contractors?
The existing civil penalty scheme has traditionally focused on employment relationships. However, employers should still conduct appropriate due diligence where individuals are supplied through agencies, subcontractors or other labour arrangements.
The right to work framework is due to expand to additional working arrangements from 1 October 2026. Organisations using casual workers, individual subcontractors or online labour-matching services should review their processes in advance.
What should an employer do if it discovers that a check was completed incorrectly?
The employer should take immediate advice and conduct a compliant check as soon as possible.
A late check may not provide a statutory excuse for the earlier period, but prompt corrective action may reduce ongoing risk and demonstrate a commitment to compliance.
How Templeton Can Help Employers
Right to work compliance is becoming increasingly technical.
A procedural error, such as using the wrong share code, accepting an expired BRP, retaining an incomplete profile page or completing the check after employment begins, may prevent the employer from establishing a statutory excuse.
Templeton’s business immigration and employment solicitors provide practical, commercially focused support to UK employers.
We can assist with:
- Right to work compliance audits.
- Reviews of employee personnel files.
- Immigration-expiry monitoring procedures.
- Drafting and updating right to work policies.
- Training for HR and talent-acquisition teams.
- Training for directors and operational managers.
- Sponsor licence applications.
- Sponsor licence compliance audits.
- Preparation for Home Office compliance visits.
- eVisa and UKVI account problems.
- Employer Checking Service cases.
- Advice concerning section 3C leave.
- Sponsored-worker compliance.
- Student working restrictions.
- Agency and subcontractor due diligence.
- Illegal-working investigations.
- Civil penalty objections and appeals.
- Advice on suspension and dismissal.
- Discrimination and employment-law risks.
Our advice is tailored to your organisation’s size, sector, workforce and existing compliance systems.
Arrange a Right to Work Compliance Audit
A proactive audit can identify weaknesses before they result in a civil penalty, sponsor licence action or disruption to your workforce.
Contact Templeton today to arrange a confidential right to work compliance review or tailored training session for your organisation.
Speak to a solicitor
About the Author
Written by: Templeton Business Immigration and Employment Team
Reviewed by: Bianca Ndirika, Senior Business Immigration Solicitor
Last reviewed: 29 July 2026
Templeton is a London-based law firm advising businesses, entrepreneurs and professionals on UK business immigration, employment law and workforce compliance.
Our solicitors help employers recruit and retain international talent while meeting their sponsor licence, right to work and wider employment-law obligations.
Legal Disclaimer
This guide is provided for general information only. It does not constitute legal advice and should not be relied upon as a substitute for advice on the facts of a particular matter.
Immigration law, Home Office guidance and right to work procedures change frequently. Employers should ensure that they are using the version of the Home Office guidance in force on the date of the check and should obtain legal advice where an employee’s position is unclear.
