Right to Work checks confirm a person’s legal permission to work in the UK before employment starts. Employers verify identity and immigration status via manual document checks, the Home Office online service with share codes, IDVT for British/Irish passports, or the Employer Checking Service. Copies must be kept for the duration of employment plus two years, with follow-up checks before visa expiry or if the role changes. Offers and start dates pause until verification is secured. The essentials below outline method, timing, records, and escalation.
What a Right to Work Check Covers and Why It Matters
A Right to Work (RTW) check is a statutory process under the Immigration, Asylum and Nationality Act 2006 that confirms an individual’s legal entitlement to work in the UK.
It establishes nationality and immigration status in line with Home Office guidance. Employers carry out checks using original documents or approved digital routes. For British or Irish nationals, documents must prove identity and citizenship.
For other nationalities, an immigration status document or share code shows time‑limited permission.
RTW checks must be completed before employment starts to create a continuous statutory excuse against civil penalties for employing illegal workers.
Employers must keep records of checks and copies of documents for the duration of employment and for two years after it ends.
When Employers Must Complete Checks
Before any individual begins paid or unpaid work, employers must complete a right to work check to establish a statutory excuse under the Immigration, Asylum and Nationality Act 2006.
Timing matters: checks must occur before issuing an unconditional contract and before any start date.
Employers must verify the applicant’s right to work using approved routes—manual checks, identity service providers, or the Home Office online system—and may use the employer checking service where immigration status is pending.
New checks are required when a worker changes roles or takes a second role, as eligibility must match the new position.
For time‑limited permissions, repeat checks must be completed before document expiry to maintain compliance with immigration laws.
Manual Checks: Obtain, Examine and Retain
A compliant manual right to work check starts with obtaining original documents from the Home Office’s prescribed List A or List B under the Immigration (Restrictions on Employment) Order 2007.
The employer conducts a manual check in person, comparing photographs, dates of birth, and permission details against the individual’s appearance and the Immigration Rules. They verify that documents are genuine, unaltered, and current, recording the verification date.
Clear, legible copies of the original documents must be taken, marked with the date, and retained for the duration of employment plus two years thereafter. Copies should be securely stored for audit and compliance, and local duplicates must not be kept once HR Services has received them.
Document validation technology may support checks but does not replace the statutory excuse.
Online Home Office Checks Using Share Codes
Online Home Office Checks Using Share Codes
Right to work verification can be completed via the Home Office online service using share codes, providing a secure, real-time check for many overseas nationals. This route applies to holders of biometric residence permits and frontier worker permits.
The individual generates a share code, allowing checks that display their immigration status and any work restrictions. The employer must verify identity by comparing the person’s appearance to the online photograph and complete the check before the employment start date to obtain a statutory excuse.
1) Obtain a valid share code, access the Home Office service, and review immigration status and permissions.
2) Match the individual to the online photograph to verify identity and record any restrictions.
3) Meet record-keeping requirements by securely retaining the online response for two years after employment ends.
Digital Checks With IDVT and Certified Identity Service Providers
Digital checks using Identification Document Validation Technology (IDVT) allow compliant remote Right to Work verification for eligible British and Irish passport holders.
Employers use certified identity service providers to complete checks to a Home Office “medium level of confidence,” delivering a verified identity and confirmation of work entitlement. Candidates provide a share code where required, and employers conduct a human likeness check to confirm the person matches the IDVT result.
Documentation must be stored securely for audit and compliance, typically for two years after employment ends. Clear procedures, audit trails, and escalation routes support consistency and reduce risk.
- Step: IDVT capture
- Purpose: Verified identity
- Employer action: Use a certified provider
- Step: Likeness check
- Purpose: Fraud control
- Employer action: Compare the live person to the result
- Step: Recordkeeping
- Purpose: Compliance
- Employer action: Secure storage of documentation
Using the Employer Checking Service
Using the Employer Checking Service
Sometimes candidates cannot show acceptable right to work evidence; in these cases the Home Office Employer Checking Service (ECS) is the correct route to verify eligibility before employment begins.
The ECS helps confirm work eligibility for overseas nationals with pending applications, appeals, or unverified statuses when right to work documentation is unavailable. Employers must obtain consent from the individual, submit the online ECS request, and wait for a Positive Verification Notice before any work starts.
- Obtain the individual’s consent and complete the ECS online process accurately to remain compliant with immigration laws.
- Do not allow employment to start until a Positive Verification Notice is received and recorded.
- Store ECS responses securely for auditing purposes, applying GDPR rules to storage, access controls, and retention schedules.
Follow-up Checks for Time-Limited Permission and Students
Schedule follow-up right to work checks for any employee with time-limited permission, confirming continued eligibility before their visa expires.
Employers should diarise visa expiry dates and set automated reminders to conduct follow-up checks at least one day before permission ends.
Verify continued status using the Home Office online service or alternative routes where appropriate.
For a student visa holder, confirm permitted hours against the CAS, term-time timetable, and vacation periods to maintain compliance.
Where evidence of leave cannot be immediately produced, determine whether an in-time extension triggers section 3C leave, which may preserve the right to work pending a decision.
Record the date checked, method used, and outcome.
Timely verification reduces civil penalty risk and supports workforce integrity.
Record-Keeping, Data Protection and Document Retention
Record-Keeping, Data Protection and Document Retention
Right to work (RTW) checks confirm eligibility, and their legal value depends on disciplined record-keeping that meets UK data protection and Home Office requirements.
Employers should maintain RTW documentation for the duration of employment and two years afterwards, then arrange secure destruction to meet GDPR requirements. Copies may be kept in electronic formats (PDF/HTML) or as physical files, provided secure storage and controlled access are in place.
Recording the verification date is required to create a reliable audit trail and demonstrate compliance. Local copies must not be retained beyond the specified retention periods, except limited cases for unpaid voluntary work, and HR Services should confirm destruction.
1) Define retention periods and enforce automated deletion.
2) Centralise record keeping with access controls.
3) Log verification dates and evidence for audit readiness.
Penalties, Reporting Breaches and Practical Escalation Steps
Escalate breaches quickly to contain risk:
UK employers who fail to complete compliant Right to Work checks face civil penalties of up to £45,000 for a first breach and £65,000 for repeat offences, with potential criminal liability carrying unlimited fines or imprisonment.
When non-compliance is suspected, report breaches to the HR Services Compliance Team immediately to trigger investigation and remedial actions.
Suspend start dates and withhold employment offers until a Positive Verification Notice is secured.
If Right to Work checks fail, withdraw offers and notify immigration authorities where appropriate.
Maintain complete, dated records to evidence compliance and establish a statutory excuse against any civil penalty.
Document escalation steps, outcomes, and corrective training.
Do not permit work to commence without confirmation; enforce holds, audits, and rapid re-checks.
Frequently Asked Questions
How Do You Conduct a Right to Work Check?
Conduct a right to work check by:
- Verifying approved documents or an online share code
- Matching the person’s identity to the documents
- Taking and dating clear copies
- Storing records securely
- Scheduling repeat checks for time-limited permission
Follow current Home Office guidance and complete the check before employment starts.
How Does Rightcheck Work?
Rightcheck verifies right to work using:
- Digital checks for UK and Irish passports
- Manual document reviews
- Home Office share codes
It timestamps copies, schedules repeat checks for time‑limited visas, and stores records securely.
How Long Does a Right to Work Check Take?
Manual checks usually take a few minutes up to an hour. Digital checks for British or Irish citizens are typically completed within 24 hours. Checks using Home Office share codes often complete the same day. Do repeat checks before any time‑limited permission expires.
Does a Right to Work Check Mean You Got the Job?
No. A right to work check only confirms legal eligibility to work in the UK. Employers still review qualifications, references, DBS or other screening, interviews, and organisational fit before offering a role or finalising employment.
Conclusion
Right to Work checks are neither optional nor mere bureaucracy. Some may say the process takes time; however, using share codes, IDVT, and clear record-keeping templates streamlines compliance while reducing exposure to fines, criminal liability, and onboarding delays. By applying consistent, documented checks—manual, online, or digital—employers gain a statutory excuse, reduce risk, and protect workforce continuity. The practical steps outlined support fast, repeatable compliance as rules and technologies change.
