How do I do a right to work check in the UK?

What a right to work check is

UK law requires every employer to verify that every new hire has the legal right to work in the UK — before their first day. This applies to every worker, whether full-time, part-time, casual, or apprentice. There are no employer-size exemptions and no nationality-based exemptions: the same checks apply equally to a British passport holder and to a candidate with a Skilled Worker visa.

The legal basis is the Immigration, Asylum and Nationality Act 2006, with operational detail in the Home Office's Employer's Guide to Right to Work Checks (updated periodically — always work from the latest version on gov.uk).

Why it matters: the £60,000 risk

Employing someone without the right to work attracts a civil penalty of up to £60,000 per illegal worker (raised from £20,000 in February 2024 — first increase in ten years). For deliberate or knowing breaches, criminal prosecution is also possible, with up to five years' imprisonment.

The penalty is per worker, per breach. A single incorrect check on a long-serving worker can cost £60,000.

The three valid check methods

The Home Office accepts three methods of check, each appropriate for different worker categories.

1. Manual document check

The traditional method. Examine original documents from one of the Home Office's two lists:

• List A — proof of permanent right to work. No follow-up checks needed. Examples: British or Irish passport, certificate of registration as British citizen, biometric residence permit confirming indefinite leave.
• List B — proof of time-limited right to work. Re-check required before each expiry. Examples: documents showing limited leave with right to work, Application Registration Card, Certificate of Application.

The check process for each document:

1. Examine the original — not a copy
2. Confirm it appears genuine (no signs of tampering)
3. Confirm the candidate is the rightful holder (photo, age, signature)
4. Confirm dates are valid for the period of work
5. Take a copy (clear, dated) and keep it on file
6. Sign and date the copy to record who did the check and when

2. Online check

For workers with eVisas, pre-settled or settled status, or BRPs, the manual document approach is being replaced by online verification.

The worker generates a share code through the Home Office service. The employer enters the code at gov.uk/view-right-to-work and views the worker's status in real time. Save a screenshot or PDF of the result with the date.

This method is the default for most non-British/Irish hires from 2024 onwards as eVisas roll out.

3. Identity Service Provider (IDSP) check

Available only for British and Irish passport holders. A certified IDSP (such as Yoti or Onfido) digitally verifies the passport and matches it to the candidate using biometric checks.

This is the fastest method and well-suited to high-volume hiring or remote onboarding, but it cannot be used for non-British/Irish workers.

Statutory excuse

When you've completed a correct check before employment starts, you have a statutory excuse against the civil penalty if it later transpires that the worker shouldn't have been employed.

The excuse only protects you if:

• The check was done before the first day
• It was done correctly (right method, right documents)
• The records are kept for the required retention period
• For List B documents, follow-up checks were done on time

An incorrect or incomplete check provides no defence. The penalty applies even if you acted in good faith.

Record retention

Keep records for the duration of employment plus two years. The record must include:

• A copy of the document(s) checked, or the online check result
• The date of the check
• The name of the person who performed the check
• For List B documents, the renewal dates and follow-up checks

Records can be physical or digital — but they must be retrievable on demand by Home Office officers (typically with 48 hours' notice).

Re-checking time-limited workers

For workers on List B documents with time-limited permission, re-check before the document expires. If the worker's permission expires and you haven't re-checked, you lose the statutory excuse from that point — even if the worker was previously legitimate.

The re-check uses the same method as the original (manual or online). Set a calendar reminder; relying on the worker to volunteer their renewal is unsafe.

Checks for existing workers

The duty to check applies at the start of employment. You generally don't need to retrospectively check long-serving workers who started before the legislation came in — provided their employment has been continuous and you've made no relevant material changes.

However, two cases trigger a fresh check:

• TUPE transfers — the new employer should re-check transferred workers within 60 days
• Significant change in role that amounts to a new contract

Discrimination — the parallel risk

The duty to check applies equally to every candidate. Asking for documents only from candidates who "look foreign" is unlawful race discrimination — a separate liability with no upper cap on the award.

To avoid both risks:

• Apply the same check to every candidate, regardless of name or appearance
• Use a standard process, documented in writing
• Don't ask about immigration status during interviews — only at the offer stage
• Keep the process visible: the same form, the same questions, every time

Common mistakes

Checking after the start date

Even one day late breaks the statutory excuse. The check must be before day one.

Relying on a copy

The original document must be examined. A scan or photograph from the candidate is not enough for a manual check (it is for a contemporaneous online check via share code).

Forgetting to re-check List B documents

The statutory excuse expires with the document. Set automated reminders.

Treating UK / EU citizens differently from other nationals

Post-Brexit, EU citizens require the same checks as non-EU nationals. Settled / pre-settled status is verified via online check using a share code.

Not keeping the record

If the Home Office asks for proof and you can't produce it, you have no excuse.

Putting it into practice

A clean right-to-work process should:

1. Be triggered by every offer letter
2. Identify the correct check method based on the candidate's nationality and document type
3. Capture the evidence (document scan, online check screenshot, IDSP report)
4. Record the date, the checker, and the result
5. Schedule any follow-up checks for List B documents
6. Retain the record for the duration of employment plus two years
7. Apply consistently to every hire, regardless of background

Most right-to-work failures are process failures — late checks, missed renewals, missing records. The legal rules aren't complicated; the discipline of doing them on every hire is the actual challenge.