Right to work checks in the UK are a legal duty for employers before any employment or volunteering begins. They confirm permission to work and prevent illegal working, offering a statutory excuse against fines up to £60,000 per worker. Employers must verify documents or use the Home Office online service with share codes, keep records, comply with GDPR, and diarise repeat checks for time‑limited visas. The Employer Checking Service helps with complex cases. Consistent processes, audits, and training support compliance and reduce risk.
Why Right to Work Checks Matter for UK Employers
Right to work checks are a legal requirement for UK employers to confirm a candidate’s lawful permission to work, preventing illegal working and protecting the business.
They support compliance with the Immigration, Asylum and Nationality Act 2006, creating a statutory excuse against a civil penalty if checks are completed correctly. Employers must verify original documents or use online right to work routes, recording any work restrictions.
An immigration status document, share codes, or the employer checking service may be needed where status is digital or pending. This applies to all hires, including British and Irish nationals, to maintain consistent processes.
Errors can trigger penalties up to £60,000 per illegal worker and internal sanctions, including rescinded offers.
When to Conduct Checks and Who Is Covered
Before any work begins, employers must complete right to work checks for every prospective worker and volunteer, and no one may start until eligibility is verified. Checks cover foreign nationals undertaking paid or unpaid work, including new hires, internal movers, secondees, and those taking second roles. Verification must occur before the employment start date and align with visa restrictions. Where an individual has time-limited permission, a fresh check is required before expiry to maintain compliance. For non-British and non-Irish nationals, use the Home Office online service to confirm immigration status and right to work.
| Scenario | Timing | Method |
|---|---|---|
| New hire (non-British/Irish) | Pre-start | Home Office online service |
| Internal role change | Before transfer | Re-check status |
| Second job | Before second role begins | Confirm visa restrictions |
| Time-limited permission | Before expiry | Follow-up check |
| Volunteer | Pre-start | Same standards apply |
The Home Office Three-Step Process and Statutory Excuse
The Home Office three-step right to work process creates a statutory excuse against civil penalties.
Step one: confirm the candidate’s permission to work and any role-specific restrictions, including for foreign nationals.
Step two: obtain and verify acceptable documents or use the Home Office online checking service, confirming the person presenting matches the identity on record.
Step three: record the check by keeping clear copies, noting the date, and retaining records for the duration of employment plus two years after it ends.
When carried out correctly and before employment starts, these right to work checks provide a statutory excuse, protecting employers from civil penalties that can reach £60,000 per illegal worker and supporting compliant, fair hiring practices.
Using the Online Right to Work Service and Share Codes
The Home Office online right to work service lets employers verify a foreign national’s right to work by entering a share code—created by the individual and valid for 90 days—together with their date of birth.
This check retrieves the person’s immigration status directly from the Home Office system, removing the need to handle physical documents for hires in the UK.
- The employer must view the live result and confirm the photograph matches the person presenting for work.
- Save evidence: download or screenshot the profile page showing the share code result, date of check, and employer’s name to preserve a statutory excuse.
- Keep the record securely for the duration of employment and two years after it ends to meet legal retention duties.
Employer Checking Service for Outstanding Applications and Complex Cases
When a candidate cannot present acceptable right to work evidence—for example, during an outstanding visa application, administrative review, or appeal—the Employer Checking Service (ECS) lets an employer confirm status directly with the Home Office.
This online check is used where valid documents are unavailable due to unresolved immigration applications or complex status queries. With the individual’s consent, the employer submits details via the Home Office form to verify immigration permission.
If permission exists, the ECS issues a Positive Verification Notice, valid for six months, which should be retained to evidence compliance and reduce compliance risks.
If permission is absent, a Negative Verification Notice is returned, indicating the person must not be employed.
ECS outcomes help employers avoid civil penalties for employing individuals without legal work permission.
Acceptable Documents and Identity Verification Routes
UK employers must verify right to work using specified documents and approved identity routes. Acceptable documents include a valid passport, a biometric residence permit, or an eVisa record accessed via the Home Office online service.
Where an online share code is unavailable, a manual check of original documents from Home Office Lists A or B is required, with careful identity verification against photographs and dates of birth.
EU citizens under the EU Settlement Scheme must evidence their status digitally. If documents are missing or unclear, the Employer Checking Service should be used to confirm permission.
- Online right to work checks using a share code (valid 90 days)
- Manual check of original documents (Lists A or B)
- ECS confirmation where status cannot be immediately verified
Repeat Checks for Time-Limited Permission, Students, and Sponsored Workers
Repeat Checks for Time-Limited Permission, Students, and Sponsored Workers
Because immigration permission can expire or change, repeat right to work checks are mandatory for anyone with time‑limited status, including students and sponsored workers.
Employers must diarise repeat checks before the expiry of time-limited permission to keep a statutory excuse and avoid penalties.
For students, verify visa conditions, term dates, and permitted hours; carry out repeat checks at least every 12 months or when immigration permission changes.
For sponsored workers, monitor role changes, licence renewals, and visa extensions; trigger repeat checks on each update and annually.
– Focus: Time-limited permission
Action: Schedule repeat checks before expiry
– Focus: Students
Action: Confirm term dates and permitted hours; recheck yearly
– Focus: Sponsored workers
Action: Monitor role changes and renewals; recheck on updates and annually
– Focus: Statutory excuse
Action: Keep evidence of timely checks
– Focus: Penalties
Action: Avoid civil fines and illegal working claims
Record-Keeping, Data Protection, and Audit Readiness
Record-Keeping, Data Protection, and Audit Readiness
Even with robust initial checks, compliance relies on disciplined record‑keeping that is secure, accurate, and audit‑ready. Employers must retain documentation from right to work checks for the duration of employment and two years after termination, making sure each record includes the date of the check and clearly evidences document authenticity.
Storage must align with GDPR, protecting sensitive information against unauthorised access or loss. Regular internal audits against Home Office guidance verify compliance with regulations and prepare organisations for inspection.
- Maintain a centralised record‑keeping system with immutable timestamps, clear file naming, and controlled access.
- Apply data protection by design: encryption at rest, role‑based permissions, retention schedules, and secure disposal.
- Conduct periodic audits and sampling to confirm completeness, accuracy, and eligibility evidence, keeping audit trails ready for Home Office review.
Penalties for Non-Compliance and Practical Risk Controls
Strong record-keeping and audit readiness support an employer’s statutory duty to prevent illegal working, but gaps in right to work processes expose organisations to significant sanctions.
Employers face civil penalties of up to £60,000 per illegal worker where checks are inadequate, with escalating fines for repeat breaches. Knowingly employing someone without permission is a criminal offence, risking prosecution alongside civil penalties.
Robust compliance demands clear processes for document verification, consistent checks for all foreign nationals and UK workers alike, and evidence retained to establish a statutory excuse.
Practical risk controls include policy ownership, HR training, pre-employment and follow-up repeat checks, and periodic internal audits.
Use compliant systems for verification, diarise visa expiries, and escalate anomalies.
Independent audits and manager attestations strengthen assurance and deter illegal working.
Frequently Asked Questions
Can UK Citizens Get a Right to Work Check Online?
Yes. Some UK citizens can use the Home Office online service with a share code, but only if they hold an eVisa or certain immigration statuses. Most British and Irish citizens do not have an online record and are checked using documents instead. For them, employers can accept a British or Irish passport (including expired) or a valid Irish passport card. Employers may also use certified Identity Service Providers for digital checks of British and Irish citizens.
What Documents Can Be Used to Check Right to Work in the UK?
Acceptable documents include:
- A British or Irish passport (expired is allowed).
- A Home Office online share code for digital status checks.
- A biometric residence permit or biometric residence card.
- Documents from List A or List B under the Right to Work guidance.
Example: A hospitality hire checks a student’s share code online, while a UK national presents an expired passport.
Who Is Eligible for the Right to Work in the UK?
Eligible individuals include British and Irish citizens; EU, EEA, and Swiss nationals with settled or pre-settled status; visa holders with permission to work; refugees; those with indefinite leave to remain or right of abode; certain students within their visa limits; and some asylum seekers.
What Is the Employment Law for Foreign Nationals in the UK?
UK employment law for foreign nationals requires valid immigration permission, employer right to work checks, and, where applicable, sponsorship under the points-based system. Non-compliance can trigger civil penalties up to £60,000. Asylum seekers generally face work restrictions. Need help with visas, DBS, or BPSS?
Conclusion
Like a careful harbour master, the employer checks each vessel before entry, guided by rules that shift with the tides. The guiding light is the statutory excuse; the hazards are penalties and reputational storms. Online checks, share codes, and IDSPs are tools, not replacements for judgment. By recording each arrival, repeating checks before visas expire, and using the Checking Service in foggy conditions, they keep a lawful course—protecting crew, cargo, and coast while keeping trade moving safely.
