UK right to work checks require employers to verify and record approved documents. British and Irish citizens can use a valid or expired passport, or two documents showing name and NI number. EU, EEA and Swiss nationals use a digital share code. BRPs, BRCs and Frontier Worker Permits may evidence status. Keep clear, dated copies for employment plus two years. Use the Employer Checking Service for pending cases. Do follow-up checks before visa expiry. The next sections explain each document and process.
Why Right to Work Documentation Matters for UK Employers
Compliance underpins every lawful hire: right to work documentation allows UK employers to confirm a candidate’s legal entitlement to work and meet statutory duties under the Immigration, Asylum and Nationality Act 2006.
Right to work checks protect organisations by evidencing legal authorisation before day one, using specified documentation such as passports or approved immigration status records. This diligence supports compliance, deters illegal employment, and upholds fairness across the UK labour market.
It also mitigates financial and reputational risk; civil penalties can reach £20,000 per illegal worker.
Processes differ by immigration status, so employers must apply the correct route and record-keeping. Retaining clear copies of right to work documentation for the duration of employment plus two years provides an audit trail if authorities inspect.
Accurate verification is non-negotiable.
Accepted Documents for British and Irish Citizens
Accepted Documents for British and Irish Citizens
For most hires, verifying British and Irish citizens’ right to work is straightforward: a British passport (including an expired one) or an Irish passport or passport card is sufficient evidence and confirms unrestricted permission to work in the UK. Where no valid British passport exists, employers may accept two separate documents that display the individual’s name and National Insurance number as alternative proof of right to work. Irish citizens can also present a passport card. Both groups can work without restrictions, supporting compliance when onboarding.
| Item | Key points |
|---|---|
| British passport | Valid or expired accepted |
| Irish passport/card | Either document is acceptable |
| No passport route | Two documents display name and National Insurance number |
| Record-keeping | Employers must retain copies for employment plus two years |
Proving Status Under the EU Settlement Scheme
Where British and Irish citizens often evidence status with a passport, EU, EEA and Swiss nationals with status under the EU Settlement Scheme must prove their right to work digitally. They generate a share code via the Home Office online service and provide it with their date of birth so employers can carry out checks and verify immigration status.
The share code remains valid for 90 days, enabling quick, secure verification without physical documents.
Applicants should keep relevant documentation, including any biometric residence card previously issued, as supplementary evidence of their EU Settlement Scheme status.
Employers should request a share code only when necessary, respecting privacy and avoiding unnecessary data handling. The online process streamlines right to work checks while maintaining compliance and auditability.
Biometric Residence Permits, Biometric Residence Cards and Frontier Worker Permits
Several key immigration documents determine how non-UK nationals evidence their right to work: Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and Frontier Worker Permits.
BRPs provide confirmation of immigration status and work authorisation and can be presented for right to work checks. By contrast, biometric residence cards, typically held by family members of EU/EEA citizens, do not by themselves prove work entitlement; alternative documentation or online status must be used.
Frontier Worker Permits confirm eligibility for EU citizens who live outside the UK but work within it.
- BRPs: acceptable documentation and strong proof of residence and permission.
- BRCs: not sufficient alone; follow employer requirements for alternative evidence.
- Frontier Worker Permits: valid route to demonstrate work authorisation.
- Compliance: copy documents, date the check, and replace lost cards promptly.
Immigration Status Documents and Indefinite Leave to Remain
Immigration status documents and evidence of Indefinite Leave to Remain (ILR) serve different purposes in right to work checks.
Immigration status documents may confirm status, but individuals with ILR should present a valid passport clearly endorsing ILR with no time limit. Employers must check that the passport explicitly confirms the right to work without restriction.
A share code can be obtained via the Home Office for online verification of ILR. A Biometric Residence Permit is not acceptable evidence for ILR status.
For those with limited leave to remain, employers should schedule follow-up checks before permission expires. No repeat checks are required once ILR is confirmed through acceptable documents or an online record.
Share Codes and the Home Office Online Right to Work Service
Share Codes and the Home Office Online Right to Work Service
The Home Office online Right to Work service uses time‑limited share codes to let candidates show their immigration status to prospective employers. Applicants can generate share codes—valid for 90 days—so employers can verify status and any permission or restrictions before employment begins, meeting UK immigration regulations without handling original documents unnecessarily.
1) Applicants visit the Home Office portal, enter personal details, and receive a unique share code to present with their date of birth.
2) Employers input the code online to view the individual’s right to work, type of permission, and conditions (for example, role or hours limits).
3) Checks must be completed before the start date to establish a statutory excuse against penalties.
4) Records of the online check should be retained in line with compliance expectations.
Manual Checks: List a and List B Document Groups
Alongside the Home Office online service and share codes, many employers still carry out manual right to work checks using prescribed document lists.
List A covers documents that evidence indefinite leave to remain, meaning no repeat employer checks are required. Typical List A items include a current or expired British passport, an Irish passport, or a UK birth or adoption certificate paired with a National Insurance number, which together verify an unlimited right to work.
List B covers time‑limited permission. Group 1 documents show limited leave to remain, such as a current passport with a visa or an immigration status document, and require follow‑up before expiry.
Group 2 documents, generally valid for six months, include passports with stricter work limits; employers must re‑verify in line with immigration laws.
Statutory Excuse, Copy Retention and Data Protection
Statutory excuse, copy retention and data protection
A statutory excuse depends on completing right to work checks correctly and keeping clear, legible copies of the evidence. Employers should keep documentation for the duration of employment plus two years to preserve this statutory excuse, shifting the burden to the Home Office if questions arise.
Copy retention must align with data protection principles: limit access, store securely, and use secure disposal once retention ends. All personal data processed for right to work checks must meet GDPR requirements, including purpose limitation and storage minimisation.
- Keep documentation for employment duration plus two years to evidence right to work checks.
- Restrict access to personal data and keep records secure.
- Review retention schedules and apply secure disposal promptly.
- Record processes to demonstrate compliance to the Home Office.
Handling Pending Applications and the Employer Checking Service
Use the Home Office Employer Checking Service (ECS) and the online right to work check to stay compliant and avoid discriminatory decisions where an individual has a pending immigration application.
If a share code is available, use it; if not, contact the ECS to confirm the person’s right to work and current immigration status.
The ECS confirms whether work can continue, including for applicants under the EU Settlement Scheme. A certificate of application can show that an extension or new status has been applied for; when paired with a Positive Verification Notice (PVN) from the ECS, it preserves permission to work.
Employers must keep required records: ECS request details, PVN results, share code outputs, and dates checked, showing compliance with immigration law and continuity of follow‑up checks.
Common Pitfalls and How to Avoid Civil Penalties
Common Pitfalls and How to Avoid Civil Penalties
Too often, civil penalties stem from basic missteps in right to work checks rather than deliberate non-compliance. An employer can avoid fines by applying consistent processes, documenting every step, and making sure staff understand Home Office guidance. The priority is to verify original documents correctly, store clear copies, and schedule follow-up checks where permission is time-limited.
- Verify documents thoroughly: confirm authenticity, names, dates, and restrictions; never accept expired List B evidence unless specifically endorsed.
- Recordkeeping: keep legible copies of checks for employment duration plus two years; timestamp and note who conducted the checks for compliance.
- Track List B follow-ups: diarise visa end dates and conduct repeat checks before expiry to prevent civil penalties.
- Provide regular training: equip HR and managers to run compliant checks, recognise risk, and escalate uncertainties.
Frequently Asked Questions
What Documents Are Required for a Right to Work Check?
Acceptable evidence follows Home Office Lists A or B. Common examples:
- A valid or expired British or Irish passport
- A passport showing permission to work, or a Biometric Residence Permit (BRP)
- An online share code result from the Home Office service
National Insurance documents can support but are not standalone proof. For time‑limited permission, carry out follow‑up checks before the permission expires.
What Documents Are Acceptable for the Right to Work?
Acceptable documents include:
- UK or Irish passports, current or expired
- For citizens without passports: National Insurance evidence plus an identity document (such as a birth certificate)
- EU Settlement Scheme status provided via a share code
- Non‑UK passports containing valid visas, or a Biometric Residence Permit (BRP)
- Passports showing a right of abode for Commonwealth citizens
Employers must take and date copies and, where required, check status using the Home Office online service.
What to Write on a Right to Work Check?
Record the date of the check, the name of the person who carried it out, the documents reviewed (type, reference numbers, issuing authority), any expiry dates, the result of any online share code check, a true-copy certification statement, and keep clear copies in line with Home Office guidance.
What Documentation Is Required to Work in the UK?
They need acceptable Right to Work evidence: British or Irish passport (valid or expired); non-UK passport with visa or BRP; EU/EEA share code; Indefinite Leave to Remain proof. Time-limited visas require follow-up checks. Employers must verify online where applicable and securely retain copies.
Conclusion
In closing, clear Right to Work documentation keeps hiring compliant and fair across UK operations. The stakes are high: the civil penalty rose to up to £60,000 per illegal worker in 2024. By applying List A/B rules consistently, using online share codes, BRP checks, or certified IDSP routes where appropriate, and retaining copies to secure a statutory excuse, HR teams minimise risk. A disciplined process also speeds onboarding—one survey found streamlined checks cut time-to-hire by nearly 30% for large employers.
