Right to Work Checks UK: Employer Guide (2025)

Overview

A right to work check is the process an employer follows to confirm, before employment begins, that a prospective worker has the legal right to do the job on offer in the UK. The framework sits mainly within the Immigration, Asylum and Nationality Act 2006, which makes it a civil offence to employ someone who is disqualified from working by reason of their immigration status.

The Immigration Act 2016 added a criminal offence for employers who know, or have reasonable cause to believe, they are employing someone illegally. The Immigration Act 1971 also places responsibility on individuals who work when they are not permitted to. There are three accepted methods of checking: a manual check of original documents from the Home Office lists, an online check using a share code via the gov.uk service, and an Identity Document Validation Technology (IDVT) check carried out through a certified Identity Service Provider for British and Irish citizens with in-date passports. Completing the correct check in the correct way is what generates a statutory excuse against a civil penalty.

Key steps

1. Decide which check applies. Before the start date, work out which method fits the candidate. British and Irish citizens can be checked manually or via an IDVT provider. Most visa holders, including those with a Biometric Residence Permit, Biometric Residence Card, eVisa or status under the EU Settlement Scheme, must now be checked online using a share code. Getting the route right is the first step towards a valid check.
2. Obtain the right information from the candidate. For an online check, ask the candidate to generate a share code from their UKVI account and provide their date of birth. For a manual check, request original documents from List A (ongoing right to work) or List B (time-limited right to work) as published by the Home Office. Do not accept photocopies or scans for a manual check, and do not rely on expired documents.
3. Verify the person matches the evidence. The check is not just about paperwork. You must be satisfied that the person in front of you, whether physically present or on a live video call, is the same person shown in the photograph on the share code profile or the original documents. This step is easy to rush and a common reason employers lose their statutory excuse when something goes wrong later.
4. Record and date the check properly. Keep a clear record of the check you carried out, the date it was completed, and the evidence reviewed. For online checks, save the profile page from the Home Office service. For manual checks, keep clear copies of the documents in a format that cannot be altered. Retain the record for the duration of employment and for two years after it ends.
5. Diary any follow-up checks. If the worker has time-limited permission, diary a follow-up check before their permission expires. Missing a follow-up check is one of the most common ways employers accidentally lose their statutory excuse. Set a calendar reminder well in advance so there is time to review the updated status before the existing permission runs out.