Introduction to Right to Work Checks
Employers in the UK have a legal duty to confirm that every individual they hire has the right to work in the country. This check is not just a formality – it is a crucial step required by law to prevent illegal working and avoid significant penalties.
Why Right to Work Checks Matter
Carrying out right to work checks protects both employers and employees. For employers, failing to check a worker’s eligibility can result in heavy fines or even criminal prosecution. The legal requirement to conduct these checks is set out in the Immigration, Asylum and Nationality Act 2006, which outlines the obligations for businesses and the consequences of non-compliance. By following the proper process, employers establish a “statutory excuse” if it later turns out that a worker did not have the right to work.
The Legal Importance
Right to work checks are a key part of the UK’s immigration control system. They help ensure that only those with valid immigration status or British citizenship are employed. The Home Office regularly updates its guidance, but the legal foundation remains the same: employers must not employ anyone who does not have permission to work in the UK. This applies to all types of employment, whether full-time, part-time, temporary, or permanent. For a broader understanding of how right to work requirements fit within the UK’s overall framework, see Work Eligibility and Visas.
How the Right to Work Check Process Works
The process of checking a worker’s right to work involves three key steps:
- Obtain: Employers must ask to see original documents that prove the worker’s right to work. Acceptable documents include a UK passport, biometric residence permit, or other documents listed in official Home Office guidance.
- Check: The employer must carefully check the documents in the presence of the worker. This means ensuring the documents are genuine, unaltered, and belong to the person presenting them. For online checks, employers should use the Home Office’s online right to work service.
- Copy and Record: Employers must make a clear copy of each document, record the date of the check, and keep these records securely for the duration of employment and for two years after it ends.
If an employer follows these steps correctly, they can avoid liability even if it later emerges that the documents were false or the worker was not eligible. For more detail on how right to work checks relate to different types of jobs and employment arrangements, you may find Right to Work and Employment Eligibility helpful.
By understanding and following the correct process, employers can confidently hire staff, knowing they are complying with UK law and helping to maintain fair and legal workplaces.
Who Needs a Right to Work Check?
Employers in the UK are legally required to carry out right to work checks on anyone they intend to employ, regardless of the role or contract type. This obligation applies to all workers, including permanent staff, temporary workers, and casual or seasonal employees. The checks are designed to ensure that every individual has the legal right to undertake the work in question, as set out in the Immigration, Asylum and Nationality Act 2006.
Who Must Be Checked?
All prospective employees must undergo a right to work check before they start work. This includes:
- Full-time and part-time staff
- Temporary, agency, and seasonal workers
- Apprentices and interns
- Contractors, if they are directly employed by your business
Even if someone has worked for you before, a new check is required if there has been a break in employment or a change in their immigration status.
UK Citizens
For British citizens, the process is usually straightforward. Employers must check a valid UK passport or other acceptable documents, such as a birth certificate accompanied by proof of National Insurance. While the risk of illegal working is lower, the law still requires that all new hires provide evidence of their right to work.
EU, EEA, and Swiss Nationals
Since Brexit, the rules for EU, EEA, and Swiss nationals have changed. Most individuals from these countries must now prove their right to work with evidence such as settled or pre-settled status under the EU Settlement Scheme, or a visa under the points-based immigration system. Employers should not assume that holding an EU passport alone is sufficient.
Other Foreign Nationals
Non-UK and non-EU/EEA nationals must have valid immigration status that allows them to work in the UK. This may include a biometric residence permit, a work visa, or other Home Office documentation. Employers must check these documents carefully and, where applicable, use the Home Office online right to work checking service.
When Are Checks Mandatory?
Right to work checks are mandatory before employment begins. Employers who fail to carry out these checks, or who employ someone without the right to work, risk civil penalties of up to £20,000 per illegal worker and possible criminal prosecution. In some cases, follow-up checks are required if an employee has time-limited permission to work in the UK.
Practical Advice
- Always check original documents or use the official online checking service.
- Keep clear records of all checks for at least two years after employment ends.
- Do not discriminate. All potential employees must be checked, regardless of nationality.
For a broader understanding of how right to work checks fit within the wider framework of UK employment laws, you may find it helpful to read about Right to Work and Employment Eligibility. This can provide further context on the different types of employment and the legal responsibilities employers hold.
By following these guidelines, employers can protect their business from legal risks and ensure compliance with UK immigration and employment law.
How to Check a Worker’s Right to Work
Checking a worker’s right to work in the UK is a crucial legal responsibility for all employers. Failing to do so can result in significant penalties, including fines and criminal charges. Here’s a clear, step-by-step guide to help you carry out these checks correctly, understand which documents to request, and keep proper records.
Step-by-Step Guide to Right to Work Checks
- Obtain Original Documents
Before employment begins, ask the worker to provide original documents that prove their right to work. Acceptable documents are set out in the Home Office’s ‘List A’ and ‘List B’. Examples include: - A valid British or Irish passport
- A passport or national identity card showing the holder is a citizen of an EEA country or Switzerland (for pre-settled or settled status)
- A biometric residence permit or card
- A certificate of naturalisation as a British citizen
For a full list, check the official government guidance on acceptable right to work documents.
Check the Documents’ Validity
When inspecting documents, you must:
- Check that the documents are genuine and belong to the person presenting them
- Verify that photographs and dates of birth are consistent across documents
- Ensure the documents are current (not expired), unless it’s a document that proves indefinite right to work
- Look for any restrictions on the type of work or hours the individual can undertake
You must do this in the presence of the worker, either in person or via live video link, while holding the original documents.
Carry Out an Online Right to Work Check
Some individuals can prove their right to work using a share code and their date of birth via the government’s online checking service. This is common for those with status under the EU Settlement Scheme, biometric residence permits, or frontier worker permits.
To use this service:
- Ask the worker for their share code and date of birth
- Visit the official online right to work checking portal
- View and confirm the individual’s right to work details online
Note: For some immigration statuses, only the online check is valid; physical documents alone may not suffice.
Keep Clear Records
You must keep copies of the documents or online check result for the duration of employment and for at least two years after employment ends. For physical documents, make a clear copy (scanned or photocopied) of each document, noting the date you made the check. For online checks, download and store the profile page confirming the check.
Good record-keeping is essential. If you cannot provide evidence of having carried out proper checks, you could be liable for a civil penalty of up to £20,000 per illegal worker under the Immigration, Asylum and Nationality Act 2006.
Practical Advice and Common Questions
- Do I need to repeat checks?
If the worker has time-limited permission to work, you must conduct follow-up checks before their permission expires. - What if documents look suspicious?
If you have concerns about a document’s validity, do not employ the individual until you have verified their status with the Home Office’s Employer Checking Service. - Are there exceptions for certain types of work?
Most employment types require these checks, but there are some distinctions. For more on employment status and eligibility, see Right to Work and Employment Eligibility.
By following these steps, you can ensure compliance with UK immigration law, protect your business from penalties, and contribute to fair employment practices.
Acceptable Documents to Prove Right to Work
Acceptable Documents to Prove Right to Work
When hiring someone in the UK, employers must check that the individual has the legal right to work. This is done by reviewing specific documents set out by the Home Office. Knowing which documents are acceptable is essential for compliance and helps avoid penalties.
Common Documents That Prove Right to Work
The most frequently accepted documents include:
- A valid British or Irish passport – This is the simplest way to prove the right to work, as it confirms citizenship.
- A biometric residence permit (BRP) – Issued to foreign nationals, this card shows the holder’s immigration status and any work restrictions.
- A biometric residence card (BRC) – Available to some non-EEA family members of EEA nationals, this card also confirms right to work.
- A valid visa or residence document – For example, a share code from the Home Office online right to work service, or a physical visa sticker (vignette) in a passport.
- Certificate of naturalisation or registration as a British citizen – Accompanied by an official document showing the holder’s name and National Insurance number.
- Full birth or adoption certificate issued in the UK, Channel Islands, Isle of Man, or Ireland – Also requires an official document with the person’s National Insurance number.
For a full breakdown of all acceptable documents, including less common options, refer to the official List of Acceptable Documents for Right to Work.
What if the Worker Does Not Have a Passport?
If a worker cannot provide a valid passport, there are still ways to prove their right to work. Other government-issued documents, such as a birth certificate or immigration status document, may be used. For more guidance on this scenario, see How to Prove Your Right to Work Without a Passport.
The Role of the Application Registration Card (ARC)
Some workers, particularly those seeking asylum, may present an Application Registration Card (ARC) as evidence of their right to work. The ARC is a credit card-sized plastic card issued by the Home Office to individuals who have claimed asylum. It certifies that the holder is an asylum claimant and indicates whether they are permitted to work while their claim is being processed.
Employers should check the ARC carefully, as only those with the correct endorsement are allowed to work. For detailed information about the ARC, including what to do if the card’s information is incorrect or missing, visit the official Application Registration Card (ARC) – GOV.UK resource.
Practical Advice for Employers
- Always check original documents in the presence of the worker, or use the Home Office online right to work checking service where available.
- Keep clear copies of all documents you check, including any reference numbers from online checks.
- Follow the latest government guidance, as the list of acceptable documents can change.
By making thorough and accurate document checks, employers can demonstrate compliance with the Immigration, Asylum and Nationality Act 2006 and avoid civil penalties for employing illegal workers.
Using Online Right to Work Checking Service
Using Online Right to Work Checking Service
The UK government provides an online service that allows employers to check whether a job applicant has the legal right to work in the UK. This system is designed to make the process straightforward, secure, and compliant with current immigration laws, such as the Immigration, Asylum and Nationality Act 2006.
How to Use the Online Service
To use the online Right to Work Checking Service, you’ll need the applicant’s permission and a “share code” provided by the applicant. The applicant generates this code through the Home Office website and gives it to you, along with their date of birth. With these details, you can access their current immigration status and right to work information online.
You can access the official UK Right to Work Checking Service to start the process. This service will show you whether the person is allowed to work in the UK, any restrictions on the type of work they can do, and how long they can work for.
Steps to follow:
- Ask the applicant to provide you with their share code and date of birth.
- Enter these details into the online checking service.
- Review the results carefully and check that the photograph matches the applicant.
- Save a copy of the online check result for your records. This provides you with a statutory excuse if you are ever asked to prove you carried out a compliant right to work check.
When and Why Online Checks Are Preferred
Online checks are required for most non-British and non-Irish citizens, including those with settled or pre-settled status under the EU Settlement Scheme, Biometric Residence Permits (BRP), or Biometric Residence Cards (BRC). Online checks are preferred because they:
- Provide real-time, up-to-date information directly from the Home Office.
- Reduce the risk of document forgery or use of expired documents.
- Create an official record of your compliance with right to work requirements.
However, British and Irish citizens cannot use the online service, as they do not have a share code. In these cases, you must check original documents, such as a passport or passport card, or you can use an identity service provider with Identity Document Validation Technology (IDVT).
Information Employers Need for an Online Check
To complete an online right to work check, you will need:
- The applicant’s share code (provided by the applicant).
- The applicant’s date of birth.
- Access to a secure internet connection and a device to view the online status.
- The ability to compare the online photo with the person presenting themselves for work.
It is important to check the original identity of the applicant in person or via a live video link to ensure the person matches the details provided in the online check.
Additional Considerations and Support
If an applicant cannot provide documents or a share code – such as some Commonwealth citizens who arrived before 1989 – you must contact the Home Office’s Employer Enquiry helpline for assistance. Employers are responsible for keeping records of all right to work checks and may face penalties if they employ someone illegally without following the correct procedure.
For more details on the types of employment and eligibility requirements, you can visit our section on Right to Work and Employment Eligibility.
If you are unsure or need further guidance, consult the Home Office’s employer guidance or contact the Employer Enquiry helpline at 0300 790 6268 (Monday to Friday, office hours). This will help ensure you remain compliant and avoid civil penalties.
Avoiding Penalties and Legal Risks
Employing someone who does not have the legal right to work in the UK can result in serious consequences for employers. Under the Immigration, Asylum and Nationality Act 2006, employers can face civil penalties of up to £20,000 per illegal worker if they are found to have employed someone who is not eligible to work. In the most severe cases, knowingly employing an illegal worker can lead to criminal prosecution, with potential penalties including unlimited fines and even imprisonment.
Proper right to work checks are essential to protect your business from these risks. By following the Home Office’s prescribed process – such as checking original documents, using the online right to work service, and ensuring documents are genuine and belong to the worker – you establish a ‘statutory excuse’. This means that if you can show you carried out the correct checks before employment began, you may avoid liability for a civil penalty, even if it later turns out the worker was not eligible.
Keeping clear and accurate records of all right to work checks is just as important as carrying out the checks themselves. You should keep copies of relevant documents, record the date the check was made, and store this information securely for at least two years after the worker leaves your employment. These records provide vital evidence if your business is ever audited by the Home Office or if your right to a statutory excuse is questioned.
Beyond avoiding fines and legal action, robust right to work checks also help maintain your business’s reputation and ensure a fair, legal workplace. For a broader understanding of how right to work requirements fit into the wider landscape of employment law, you may find it helpful to read more about Right to Work and Employment Eligibility in the UK.
Special Cases and Additional Resources
When checking a worker’s right to work in the UK, some situations require extra attention due to the individual’s immigration status or the type of documentation they hold. Below, we explain how to handle special cases such as workers with Indefinite Leave to Remain (ILR), those with no time limit on their stay, and other complex circumstances. Understanding these scenarios can help you stay compliant and avoid penalties.
Workers with Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) allows an individual to live and work in the UK without any time restrictions. However, employers must still carry out right to work checks to ensure the person’s status is current and valid. Acceptable evidence of ILR includes:
- A valid passport endorsed with ILR or ‘Indefinite Leave to Enter’ (ILE)
- A Biometric Residence Permit (BRP) showing ILR or ILE
- An online share code from the Home Office’s online right to work service
It’s important to check that the document is genuine, relates to the person presenting it, and has not expired (where applicable). If the worker presents an expired passport containing a valid ILR endorsement, this is still acceptable under Home Office guidance, as long as the endorsement itself is valid.
No Time Limit Applications
Some individuals may have been granted the right to remain in the UK with ‘no time limit’ (NTL) on their stay. This status is often held by those who settled in the UK many years ago. If a worker has an old-style paper document or vignette confirming NTL, they can apply for a Biometric Residence Permit (BRP) to make proving their status easier. Employers should encourage workers in this situation to obtain a BRP, as it simplifies the right to work check process and reduces the risk of errors.
Proving the Right to Work in Complex Cases
There are occasions where a worker’s right to work is not straightforward – for example, if their documents are with the Home Office, or if they have an outstanding application or appeal. In these cases, employers can use the Home Office Employer Checking Service (ECS) to obtain a Positive Verification Notice, which provides a statutory excuse against civil penalties for employing someone who may not have traditional documents available.
For complex cases, always:
- Obtain as much valid documentation as possible
- Keep clear records of all checks and correspondence
- Use the online right to work service or ECS when in doubt
If you’re unsure about a particular situation, it may also help to review broader employment eligibility requirements. For a wider understanding of how right to work checks fit within UK employment law, see Right to Work and Employment Eligibility.
By following these steps and staying informed about the latest Home Office guidance, you can confidently manage right to work checks, even in unusual or complex circumstances.
Indefinite Leave to Remain (ILR) and Employer Letters
Indefinite Leave to Remain (ILR) and Employer Letters
Indefinite Leave to Remain (ILR) is a form of immigration status granted to individuals who have been given permission to settle in the UK without any time restrictions. If a worker holds ILR, they have the right to live, work, and study in the UK indefinitely. This means they are not subject to immigration control for employment purposes and are generally considered to have the same rights to work as British citizens.
How ILR Affects Right to Work
For employers, a worker with ILR is usually eligible to work in any job, for any employer, without the need for sponsorship or further permission from the Home Office. This status is sometimes referred to as "settled status" (not to be confused with the EU Settlement Scheme). When conducting a right to work check, an employer must verify the worker’s ILR by reviewing acceptable documents, such as a Biometric Residence Permit (BRP) showing ILR status, a passport endorsed with ILR, or an online immigration status share code.
It is important for employers to understand the legal implications of employing someone with ILR. Failing to properly check and record a worker’s right to work can result in civil penalties. For more on the broader context of employment eligibility and legal requirements, see Right to Work and Employment Eligibility.
For further details on the rights and status that come with ILR, and what it means for both workers and employers, refer to the official Indefinite Leave to Remain (ILR) guidance.
Obtaining an Employer Letter Confirming ILR Status
In certain situations, a worker may need a letter from their employer to confirm their ILR status – for example, when applying for a mortgage, renting a property, or for administrative purposes. While this letter is not a substitute for the official documents required during a right to work check, it can provide additional confirmation of employment and settled status.
Employers should ensure that any letter confirming ILR status is accurate and includes key details such as the worker’s name, job title, employment dates, and a statement confirming the individual’s ILR status as evidenced by the relevant documentation. It is good practice to keep a copy of the worker’s ILR documentation on file for reference.
If you need step-by-step guidance on how to request or provide such a letter, see our detailed advice on Getting an Employer Letter for Indefinite Leave to Remain (ILR).
Employers are reminded that, while a letter can be helpful, it does not replace the legal requirement to check and retain copies of the worker’s official ILR documentation as set out in the Immigration (Restrictions on Employment) Order 2007 and the Home Office’s right to work guidance.
By understanding ILR and following the correct processes for verifying right to work, employers can confidently comply with legal requirements and avoid potential penalties.
No Time Limit Applications for UK Work Rights
No Time Limit Applications for UK Work Rights
A "No Time Limit" (NTL) application is a process that allows individuals who already have indefinite leave to remain (ILR) in the UK to obtain a biometric residence permit (BRP) that confirms their immigration status. While ILR itself means a person can live and work in the UK without any time restrictions, an NTL application provides official, up-to-date evidence of this status, which is particularly important for right to work checks.
Why Are No Time Limit Applications Important?
Employers in the UK have a legal responsibility to check that every employee has the right to work. The Immigration, Asylum and Nationality Act 2006 makes it a criminal offence to employ someone who does not have the right to work in the UK, and employers can face significant penalties if they fail to carry out the correct checks.
For individuals with ILR granted many years ago, their proof of status may be in the form of an old passport stamp or vignette, which can be difficult for employers to verify. By applying for an NTL BRP, these individuals obtain a secure, modern document that is easily recognised and accepted during right to work checks.
How Do No Time Limit Applications Affect Right to Work Checks?
When conducting a right to work check, employers must see acceptable documents that prove a worker’s immigration status. A BRP issued after a successful NTL application is included on the Home Office’s list of acceptable documents. This means employers can confidently accept a BRP as evidence that the worker has no restrictions on their right to work in the UK.
It’s important to remember that relying on outdated documents, such as expired passports with old ILR stamps, can put employers at risk. Using the most current documentation – like a BRP from an NTL application – helps ensure compliance with Home Office requirements and protects employers from potential fines or prosecution.
Practical Advice for Employers and Workers
- For Employers: Always ask for the most recent and secure proof of a worker’s right to work. If a candidate presents an old ILR stamp, encourage them to apply for an NTL BRP to make verification easier and to meet Home Office guidelines.
- For Workers: If you have ILR but only possess an old-style document, consider applying for a No Time Limit BRP. This will make it much easier to prove your right to work and access services in the UK.
For a detailed overview of how different types of employment affect work rights and eligibility, see Right to Work and Employment Eligibility.
To learn more about the NTL process and its significance, visit No Time Limit Applications for UK Work Rights.
Proving Your Right to Work in the UK
Proving Your Right to Work in the UK
To work legally in the UK, you must prove your right to work to your employer before starting a job. This process helps employers comply with the law and avoid penalties under the Immigration, Asylum and Nationality Act 2006. Here’s what you need to know about providing proof, with practical tips and answers to common questions.
What Documents Can You Use?
You can prove your right to work by providing original documents from the Home Office’s approved lists. Common examples include:
- A valid British or Irish passport
- A biometric residence permit (BRP)
- A share code for an online right to work check (for visa holders and some EU, EEA, or Swiss citizens)
- A birth or adoption certificate from the UK or Ireland, along with an official document showing your National Insurance number
Employers must check these documents in person or online, ensuring they are genuine and belong to you. For a full breakdown of acceptable documents and step-by-step guidance, see our dedicated resource on Proving Your Right to Work in the UK.
Tips for a Smooth Right to Work Check
- Check document expiry dates: Expired documents may not be accepted, except for some indefinite leave to remain statuses.
- Use the Home Office online service: If you have a digital immigration status, generate a share code and provide it to your employer.
- Keep your documents safe: Only original documents are accepted for manual checks – photocopies or scans are not sufficient.
- Update your status: If your visa or permit is renewed, inform your employer and provide updated proof.
Frequently Asked Questions
What if I don’t have a passport?
You can use other documents, such as a birth certificate and an official letter confirming your National Insurance number. The Home Office provides a full list of acceptable alternatives.
Can my employer keep my documents?
Employers must take copies for their records but should return the originals to you immediately.
What happens if my right to work is time-limited?
Your employer will need to conduct follow-up checks before your permission to work expires. Always provide new evidence if your status changes.
What if my documents are with the Home Office?
If you cannot provide documents because the Home Office is processing your application, your employer can use the Home Office Employer Checking Service to confirm your right to work.
Does my employment type affect what I need to show?
The rules apply whether you’re a permanent, temporary, or agency worker. For more on how employment status affects your rights and obligations, see Right to Work and Employment Eligibility.
Staying Compliant
Employers face fines or even criminal charges for hiring someone without the right to work. By providing the correct documents and keeping your status up to date, you help protect both yourself and your employer.
If you’re unsure about your situation or what documents you need, refer to government guidance or seek legal advice to ensure you meet all requirements.
