Right to Work Check UK: Employer Steps & Compliance 2026

Section A: How to Carry Out a Right to Work Check

A Right to Work check is the prescribed process used by an employer to confirm that an individual is permitted to work in the UK and to do the work in question. For a new employee, the check should be completed before employment starts. Where the prescribed process is followed correctly, the employer can establish a statutory excuse against liability for a civil penalty if the individual is later found to be working illegally.

The correct checking method depends on the individual and how they evidence their right to work. In practice, most employers will use a Home Office online check for someone with digital immigration status, a manual document check where acceptable physical documents can be used or a Digital Verification Service for an eligible British or Irish citizen. In specified circumstances where the individual’s status cannot be verified using the applicable online or manual route, the Employer Checking Service may need to be used.

Employers should not choose a checking method simply because it is quicker or because it is the method the individual would prefer to use. The method has to be one that is permitted for the evidence or status being relied on. Using the wrong route can leave the employer without a statutory excuse even where the individual does in fact have permission to work.

1. What are the steps in a Right to Work check?

A compliant Right to Work check can be approached in four stages:

1. Identify the correct checking method. Establish how the individual can evidence their right to work and whether the check should be completed online, manually or through a Digital Verification Service.
2. Complete the prescribed check. Follow the requirements for the relevant method rather than combining elements of different checking routes.
3. Confirm the individual can do the work in question. Check that the evidence relates to the person presenting for work and that any restrictions or conditions allow them to undertake the role being offered. The Home Office online service, for example, provides information about both the individual’s right to work and any associated restrictions.
4. Retain the evidence and identify any follow-up requirement. Keep the required record of the check and establish whether the statutory excuse is continuous or whether another check will be required later.

The steps are connected. Confirming that someone has immigration permission is not enough if the employer has used the wrong checking method, failed to confirm that the person can undertake the work in question or cannot produce the prescribed evidence of the check.

2. When should a Right to Work check be carried out?

For a new employee, the prescribed Right to Work check should be completed before employment begins if the employer is to establish a statutory excuse. Completing the check after the person has started does not retrospectively create a statutory excuse for the earlier period of employment.

Some checks provide a continuous statutory excuse for the duration of the employment. Others provide protection for a limited period and require a further check at the appropriate time. The outcome of the initial check should therefore be recorded in a way that makes clear whether any follow-up action will be needed.

The remainder of this guide explains how to identify the correct checking method, complete the check and retain the evidence. For the wider employer compliance framework, including systems, training, audit risk and organisational controls, see our Right to Work checks guide.

Section B: Which Right to Work Check Do You Need?

The method used for a Right to Work check depends on the individual’s nationality and how their right to work is evidenced. Employers need to identify the correct route before carrying out the check because the online, manual and digital verification processes are not interchangeable.

For most people with UK immigration permission held digitally, the employer will need to use the Home Office online Right to Work service. British and Irish citizens can generally prove their right to work using acceptable documents for a manual check or, where they hold an eligible valid passport or passport card, through a Digital Verification Service. A smaller number of cases require verification through the Employer Checking Service.

1. Online Right to Work check or digital check?

An online Right to Work check and a digital identity check are different processes. The distinction matters because they apply to different groups.

A Home Office online Right to Work check is used to verify immigration status held digitally. The individual generates a Right to Work share code and gives it to the employer with their date of birth. The employer then accesses the Home Office service to view the individual’s right to work and any conditions that apply.

A Digital Verification Service can be used for eligible British and Irish citizens. The service uses identity verification technology to check an eligible passport or passport card. It does not provide an alternative means of checking the immigration status of someone who is required to use the Home Office online service.

Employers should therefore avoid using “online” and “digital” as if they describe the same type of Right to Work check. The correct route depends on what is being verified: Home Office immigration status or eligible British or Irish identity evidence.

2. When is a manual Right to Work check used?

A manual check can be used where the individual presents documents that are acceptable for a prescribed manual Right to Work check. These are set out in the Home Office’s List A and List B.

British and Irish citizens can commonly use this route. For example, a current or expired British or Irish passport can be acceptable for a manual check, subject to the requirements of the prescribed process. Other combinations of documents may also be accepted. Our Right to Work documents guide explains the documents that can be used.

Manual checking should not be used simply because the individual possesses a physical immigration document. In particular, physical BRPs and BRCs cannot be accepted as evidence for a prescribed Right to Work check. Where the individual’s immigration status is evidenced digitally, the employer should use the Home Office online service.

3. When should the Employer Checking Service be used?

The Employer Checking Service has a more limited role. It is used in specified circumstances where the employer cannot establish the individual’s right to work through the applicable online or manual process and Home Office verification is required.

This can include certain cases involving an outstanding immigration application, appeal or administrative review, an Application Registration Card or other status that requires verification by the Home Office. It should not be treated as an alternative checking method simply because the individual is having difficulty providing the evidence normally required.

Where the Employer Checking Service confirms that the individual has permission to do the work in question, the employer will receive a Positive Verification Notice. The notice provides a time-limited statutory excuse, so the employer will need to record when further verification is required.

Section C: How to do a Right to Work Check

Once you have identified the correct checking method, you need to follow the prescribed process for that method. The steps differ depending on whether you are using the Home Office online service, carrying out a manual document check, using a Digital Verification Service or obtaining verification through the Employer Checking Service.

Whichever method applies, the check needs to establish that the evidence relates to the person presenting for work and that they are permitted to do the work in question. You also need to retain the required evidence of the check.

1. How to complete an online Right to Work check using a share code

People whose immigration status is evidenced digitally will generally need to provide a Right to Work share code. The individual generates the code through the Home Office service and gives it to the employer together with their date of birth.

The employer must use those details through the employer-facing Home Office Right to Work checking service. A share code beginning with W is generated for Right to Work purposes. Codes generated for other purposes should not be used as a substitute.

The employer should then:

1. access the individual’s Right to Work profile using the share code and date of birth;
2. check that the photograph on the profile is of the person presenting themselves for work;
3. confirm that the profile states that the individual has the right to work in the UK;
4. check whether there are restrictions on the work they can undertake and confirm that the job being offered falls within their permitted work; and
5. save evidence of the online check in the prescribed form.

The employer can verify the individual’s identity in person or by video call. The share code itself is not evidence of a completed Right to Work check and a screenshot supplied by the individual is not a substitute for the employer accessing the Home Office service. The employer needs to conduct the check through the employer-facing service and retain its own record of the result.

Physical BRPs and BRCs should not be accepted instead of an online check. Where the person’s immigration status is held digitally, they should normally generate a share code so the employer can verify their current status through the Home Office service.

2. How to complete a manual Right to Work check

A manual Right to Work check can only be based on documents that are acceptable under the Home Office’s prescribed document lists. The process has three stages: obtain, check and copy.

Obtain: You must obtain the individual’s original acceptable document or documents. For a manual check, scans, photographs and photocopies supplied by the individual do not replace the requirement to examine the originals.

Check: You must check the original documents while the individual is present, either in person or by live video link while the original documents are in your possession. You should satisfy yourself that the documents appear genuine, belong to the person presenting them and have not been tampered with. Photographs and dates of birth should be consistent with the individual and across the documents presented. Any relevant expiry dates and immigration endorsements also need to be considered.

You are not expected to be a document forgery expert, but you should not accept a document where it is reasonably apparent that it is false, does not belong to the person or has been altered.

Copy: Make a clear copy of the required parts of each document and record the date on which the check was carried out. The copying requirements depend on the document being relied on. Our Right to Work documents guide covers the acceptable documents and the evidence that should be retained.

3. How to complete a Digital Verification Service check

A Digital Verification Service can be used for eligible British and Irish citizens who hold the required valid passport or passport card. The service verifies the individual’s identity and qualifying document digitally, allowing the process to be completed without the employer carrying out a conventional manual document check.

The employer still has responsibilities within the process. You need to obtain and retain the required identity-check output and satisfy yourself that the person presenting for work is the same person whose identity has been verified through the service.

A Digital Verification Service does not establish the immigration status of migrant workers. Someone who is required to evidence their immigration permission through the Home Office online service should be checked using that service rather than being routed through a digital identity check intended for eligible British and Irish citizens.

Employers should also avoid making digital verification the only option available to British and Irish candidates. Someone who cannot or does not wish to use the digital route should be allowed to establish their right to work through an applicable manual check. See our Digital Right to Work checks guide for more detail on the digital verification process.

4. How to complete an Employer Checking Service check

The Employer Checking Service is used where the individual’s circumstances fall within the Home Office criteria for verification and their right to work cannot be established through the applicable online or manual route.

The employer submits a request to the Home Office using the individual’s details. Where the Home Office confirms that the person has the right to undertake the work in question, it issues a Positive Verification Notice.

A Positive Verification Notice provides a statutory excuse for six months from the date of the notice. The employer should retain the notice and record when the statutory excuse will expire so that any required further check can be completed in time.

If the Employer Checking Service issues a Negative Verification Notice, the employer will not have a statutory excuse if it employs or continues to employ the individual on the basis of that check. The employer should establish whether there is any other lawful basis on which the person’s Right to Work can be evidenced before employment begins or continues. The absence of a Positive Verification Notice should not, however, be treated in every case as conclusive evidence of illegal working without considering the individual’s circumstances and the reason verification could not be obtained.

Section D: What Do You Need to Check?

A Right to Work check is not limited to confirming that an individual has some form of UK immigration status. The employer needs to establish that the evidence relates to the person presenting for work and, where relevant, that their permission allows them to undertake the job being offered. Home Office guidance requires employers using the online service to check both the individual’s identity and any restrictions shown on their right to work.

The information that needs to be considered will depend on the checking method and the individual’s status. A British or Irish citizen establishing a permanent right to work will generally raise different issues from a Student with restricted working hours or a sponsored worker whose permission is linked to particular employment.

1. Confirm the evidence relates to the individual

The first question is whether the person presenting for work is the person shown in the Right to Work evidence.

For an online check, compare the photograph displayed on the Home Office profile with the individual. The comparison can be carried out with the person physically present or by video call. The purpose is to satisfy yourself that the information returned by the Home Office relates to the person you intend to employ and that they are not presenting another person’s status.

For a manual check, compare photographs, dates of birth, names and other identifying information across the original documents and against the person presenting them. Differences do not necessarily mean that the documents are invalid, but discrepancies such as a change of name should be capable of being explained and supported where appropriate.

Where a Digital Verification Service is used, the digital identity process does not remove the employer’s responsibility to satisfy itself that the person presenting for work is the individual whose identity has been verified.

2. Confirm the individual has permission to work

The check must show that the individual has the right to work in the UK. For an online check, the employer-facing Home Office service will state whether work is permitted and provide details of any restrictions. Employers should rely on the Right to Work checking service rather than another Home Office portal or information supplied by the individual.

For a manual check, the documents relied on must fall within the applicable Home Office list and satisfy the requirements of that document combination. The fact that a document was issued by the Home Office or another government body does not necessarily mean it can be used for a prescribed manual Right to Work check.

3. Confirm the individual can do the work in question

Permission to work can be subject to conditions. Where restrictions apply, the employer needs to establish that the job being offered falls within them. Home Office sponsor guidance likewise requires employers to check carefully for restrictions on the type of work an individual can undertake.

The online Right to Work profile should therefore be read in full rather than treated as a simple pass or fail result. Depending on the person’s immigration permission, restrictions may relate to the type of work, the employer, the number of hours they can work or other conditions attached to their status.

For sponsored workers, the employer should confirm that the permission shown is consistent with the employment they are being asked to undertake. A person’s wider ability to take additional work should not be assumed simply because they already hold sponsored permission.

4. Check working-hour restrictions for students

Students require particular attention because their permission may limit both when and how much they can work. Depending on the course and immigration conditions, a Student may be restricted to 10 or 20 hours of work per week during term time and permitted to work full time outside term time. Restrictions can also apply to particular types of work.

Where a Student has limited permission to work during term time, employers also need to obtain, copy and retain evidence of the student’s academic term and vacation dates for the period of study during which they will be employed.

The contractual number of hours is not the only consideration. Employers need working arrangements that prevent the individual from exceeding the permitted hours in practice, including where overtime, shift changes or work elsewhere within the organisation could affect the total.

5. Check whether the right to work is time limited

The result of the check should also show whether the employer has established a continuous or time-limited statutory excuse. Where the individual’s permission is time limited, record the relevant date and determine when another Right to Work check will be required.

Do not assume that every immigration expiry date automatically creates the same follow-up requirement. Different provisions apply in some cases, including certain people with EU Settlement Scheme status and individuals whose continuing right to work is being evidenced while an application, appeal or administrative review is outstanding. Follow-up checks are covered in Section F.

Section E: Recording and Retaining the Right to Work Check

Completing the Right to Work check is only part of the process. The employer also needs to retain the prescribed evidence so that it can show what was checked, when the check took place and, where relevant, the basis on which the statutory excuse was established.

Right to Work records should be kept securely for the duration of the individual’s employment and for a further two years after the employment ends. The evidence should also be capable of being produced promptly if requested by the Home Office.

1. What evidence should be kept for an online Right to Work check?

For a Home Office online check, retain the individual’s Right to Work profile page. The record should include the photograph, the individual’s Right to Work information and the date on which the check was conducted.

The Home Office service allows the profile to be printed or saved electronically as a PDF or HTML file. A share code on its own is not sufficient evidence that the employer completed the prescribed check, and neither is a screenshot of immigration status supplied by the individual. The record should come from the employer-facing Right to Work checking service.

If a further online check is required later, the same retention requirements apply to that check. Keeping only the most recent result can leave a gap in the employer’s evidence of the checks relied on during the employment.

2. What evidence should be kept for a manual Right to Work check?

For a manual check, the employer must retain a clear copy of every document relied on. The Home Office specifies which parts of different documents need to be copied, so employers should not assume that retaining a passport photograph page or a single side of another document will always be sufficient.

The record must also show the date on which the Right to Work check was actually conducted. The date can be recorded on the document copy or held as a separate secure record, but simply placing an unexplained date on a copy does not in itself establish that it was the date of the check.

Hardcopies can be retained, or the documents can be stored as scanned copies in a format that cannot be manually altered, such as JPEG or PDF. Our Right to Work documents guide explains the evidence requirements for the different documents that can be used for a manual check.

3. What should be retained following a Digital Verification Service check?

Where a Digital Verification Service is used, the employer must obtain evidence of the check from the provider and retain a clear copy. The employer remains responsible for ensuring that the prescribed Right to Work process has been completed; using an external provider does not transfer that responsibility to the DVS.

The retained record should allow the employer to show which individual was verified and the result on which it relied. It should be stored for the duration of the employment and for two years after the employment ends.

4. What should be retained from the Employer Checking Service?

Where the Employer Checking Service confirms the individual’s right to work, retain the Positive Verification Notice issued by the Home Office.

The notice is particularly important because the statutory excuse it provides is time limited. The record should therefore be stored with a clear follow-up date so that the employer knows when further verification will be required.

5. How long should Right to Work records be kept?

Right to Work evidence should be retained throughout the employment and for two years after it ends. Once the applicable retention period has expired, the Home Office guidance states that the records should be securely destroyed.

Employers should also handle Right to Work records in accordance with applicable data protection requirements. Access should be limited to those who need the information and records should be held in a secure system that allows them to be retrieved when required.

Licensed sponsors may have separate record-keeping duties under the sponsor guidance. Those requirements should be considered separately from the records retained to establish a statutory excuse, particularly where the sponsor is not also the individual’s direct employer.

Section F: When Do You Need a Follow-Up Right to Work Check?

A follow-up Right to Work check is required where the employer’s statutory excuse is time limited. The purpose of the further check is to confirm that the individual continues to have permission to do the work in question and to preserve the employer’s protection against a civil penalty.

Not every worker with immigration permission needs to be checked again. The follow-up requirement depends on the type of statutory excuse established by the original check and whether the individual’s permission or verification was time limited.

1. When is no follow-up Right to Work check required?

Where the initial check establishes a continuous statutory excuse, no further Right to Work check is normally required during that employment. This commonly applies where the employer has completed a compliant check on a British or Irish citizen or relied on other evidence that establishes an unlimited right to work.

Employers also do not currently need to carry out repeat checks solely because a person holds pre-settled status under the EU Settlement Scheme, provided the original Right to Work check was completed correctly. The Home Office changed its approach to follow-up checks for this group in 2024, so employers should avoid continuing older processes that automatically diarise the expiry date shown against pre-settled status.

2. When is a follow-up check required for time-limited permission?

Where the employer has established a time-limited statutory excuse, a further prescribed check will normally be required before that excuse expires. The timing depends on the evidence relied on for the original check.

For someone whose immigration permission has a defined expiry date, the employer should record that date when the initial check is completed and arrange the follow-up in sufficient time to establish their continuing right to work. The further check must use whichever prescribed method applies to the individual’s circumstances at that point; it should not simply repeat the method used previously if their status is now evidenced differently.

A follow-up check may show that the individual has been granted further permission, has an outstanding application that preserves their existing rights or no longer has permission to undertake the work. The employer should act on the result rather than treating the original visa expiry date as the end of the enquiry.

3. What happens if the worker has applied to extend their permission?

An existing employee who makes a valid application to extend or vary their immigration permission before their existing permission expires may continue to have the same right to work while the application is pending under section 3C of the Immigration Act 1971. Section 3C can also continue leave while an eligible appeal or administrative review remains outstanding.

Where the employee can evidence their continuing right to work through the Home Office online service, the employer should use that route. If an online or permitted manual check cannot be completed and the circumstances fall within the Home Office criteria, the employer may need to use the Employer Checking Service.

Home Office guidance provides a temporary 28-day extension of an existing statutory excuse in specified circumstances where the employer is reasonably satisfied that the employee submitted an in-time application, appeal or administrative review before their previous statutory excuse expired. The period is intended to allow the employer to obtain the prescribed verification of the continuing right to work. It should not be treated as a general grace period following visa expiry.

4. When do you need to follow up a Positive Verification Notice?

A Positive Verification Notice issued through the Employer Checking Service provides a time-limited statutory excuse. Current Home Office guidance provides for a six-month statutory excuse from the date of the notice.

The employer should record the expiry of that protection when the notice is received and complete another prescribed check before it ends if the individual is still employed. Depending on the person’s circumstances at that stage, the next check may be carried out through the Home Office online service or may require further Employer Checking Service verification.

5. What if the follow-up check shows the right to work has ended?

An expired visa or unsuccessful attempt to complete a check should not automatically be treated as proof that the individual has lost their right to work. Before reaching that conclusion, the employer should establish whether an in-time application, appeal, administrative review or other immigration position allows the individual to continue working.

Where the employer establishes that the individual no longer has permission to undertake the work, continuing to employ them can expose the organisation to illegal working liability. The employment position also needs to be handled carefully. Immigration status and employment law are separate issues, and an employer should avoid treating uncertainty about status as if it were already proof of illegal working.

Section G: What if You Cannot Complete a Right to Work Check?

If the usual Right to Work check cannot be completed, the next step is to establish why. A failed share code, unavailable digital profile or missing document does not automatically mean that the individual has no right to work. Equally, employers should not improvise another checking method simply to keep recruitment moving.

The correct response depends on the individual’s circumstances. In some cases the issue can be resolved through the Home Office online service. In others the Employer Checking Service will be required. For a new hire, employment should not begin unless the employer has completed the prescribed check needed to establish the position.

1. What if the share code does not work?

Start by checking that the code was generated for Right to Work purposes and that the individual’s date of birth has been entered correctly. Right to Work share codes begin with the letter W. A code generated for another purpose should not be used.

If the code has expired or cannot be used, ask the individual to generate a new one. Do not rely on a screenshot of their immigration account, an email from the Home Office or an old physical document as a substitute where the prescribed route is the employer-facing online Right to Work service.

Where the individual is unable to generate a usable share code despite holding digital status, establish whether the problem is temporary or whether their circumstances fall within the criteria for Home Office verification.

2. What if the individual has a pending immigration application?

An outstanding application does not necessarily prevent the individual from working. Where an existing employee made a valid in-time application to extend or vary their permission, their existing immigration conditions may continue while the application is pending.

Some applicants can evidence that continuing right to work through the Home Office online service. The employer should use that route where it is available. If the individual’s position cannot be verified online and they fall within the relevant Home Office criteria, the Employer Checking Service may need to be used.

The same principle can apply in certain cases involving an outstanding appeal or administrative review. The employer should establish the individual’s current immigration position rather than relying only on the expiry date of their previous permission.

3. When should you use the Employer Checking Service?

The Employer Checking Service is intended for specified cases where the individual’s right to work cannot be established through the applicable online or manual process. Examples can include certain outstanding applications, appeals or administrative reviews, Application Registration Cards and other situations where the Home Office needs to confirm the person’s status directly.

The service should not be used as a general fallback because a candidate has forgotten their documents or has not yet generated a share code. Employers should first establish whether the person can use the prescribed online or manual route.

Where the Home Office confirms that the individual is permitted to do the work in question, it issues a Positive Verification Notice. The notice provides a time-limited statutory excuse, so the employer should retain it and record when further verification will be required.

4. What if the documents appear false or inconsistent?

For a manual check, the employer is not expected to identify sophisticated document fraud, but it should not accept evidence where it is reasonably apparent that the document is false, has been altered or does not belong to the person presenting it.

Differences in names, dates or other personal details should be investigated before the check is completed. Some discrepancies will have a legitimate explanation, such as a change of name, but the employer should be satisfied that the evidence relates to the individual being hired.

The Employer Checking Service is not a document-authentication service. If the concern is about whether a document is genuine rather than whether the Home Office can verify immigration status, the employer should avoid treating an ECS request as a substitute for resolving the identity or document issue.

5. Can the individual start work while the check is unresolved?

For a new hire, the employer should complete the prescribed Right to Work check before employment starts if it is to establish a statutory excuse. Commercial pressure, an urgent start date or a worker’s assurance that their status is valid does not alter that requirement.

The position is different for an existing employee whose previous statutory excuse is approaching expiry. Depending on the circumstances, continuing permission may be capable of verification through the online service, the Employer Checking Service or the temporary provisions that apply to certain in-time applications, appeals and administrative reviews.

Where the evidence remains unresolved, avoid assuming either that the individual is entitled to keep working or that they have become an illegal worker. Establish the immigration position first, then deal with the employment consequences on that basis.

Section H: Right to Work Check Changes from 1 October 2026

The scope of the UK’s Right to Work scheme is due to expand from 1 October 2026. Until then, the existing civil penalty scheme remains focused on employment within the current statutory framework. From 1 October, Right to Work checking requirements will extend to additional working arrangements that can sit outside a conventional employer-employee relationship.

The change is significant for businesses that use casual labour, individual subcontractors or platform-based working arrangements. A person who does not currently fall within the civil penalty scheme may come within the expanded regime for an engagement starting on or after 1 October 2026.

1. Who will come within the expanded Right to Work scheme?

From 1 October 2026, the scheme will extend beyond people working under a contract of employment, service or apprenticeship to cover additional arrangements specified by the new provisions. These include individuals engaged under a worker’s contract, individual subcontractors and service providers engaged through online matching services falling within the statutory definition.

The expansion does not mean that every business providing services through a commercial contract will require its personnel to undergo Right to Work checks. The nature of the engagement and the relationship with the individual will determine whether the arrangement falls within the expanded scheme.

Businesses should therefore avoid relying solely on labels such as “self-employed”, “contractor” or “freelancer”. The contractual and working arrangements need to be considered against the scope of the provisions applying from 1 October.

2. What does the change mean for Right to Work checks?

The effect is that businesses may need to carry out prescribed Right to Work checks on individuals who sit outside their existing employee onboarding process. The checking method will still depend on how the individual proves their right to work: for example, through the Home Office online service, acceptable documents for a manual check or a Digital Verification Service where eligible.

The digital verification framework will also change. From 1 October 2026, employers choosing the digital verification route will need to use a provider registered to conduct Right to Work checks under the new framework. The range of documents capable of digital verification will also change, including provision for qualifying British and Irish passports or Irish passport cards up to six months after expiry where the prescribed requirements are met.

The reforms do more than widen the category of individuals directly covered by the scheme. They also introduce extended liability provisions for specified contractual chains, online matching arrangements and substitution models. Depending on the structure of the arrangement, a business that is not the individual’s direct employer may therefore need to satisfy prescribed requirements to establish a statutory excuse against civil penalty liability.

Businesses using labour models outside conventional employment should identify which engagements will fall within the expanded regime and determine where the Right to Work check will sit within the process for engaging those individuals.

3. What should employers do before 1 October 2026?

Review the parts of the workforce and supply chain that currently sit outside the employee Right to Work process. Particular attention should be given to individual subcontractors, casual working arrangements and labour obtained through online platforms.

The review should establish who engages the individual, the nature of the contractual relationship and whether the arrangement will come within the expanded scheme. Where checks will be required, businesses should decide who will carry them out, when they will take place and where the evidence will be retained.

Existing recruitment systems may also need to be adapted. A process that only triggers a Right to Work check when someone is entered onto the organisation’s employee payroll may fail to capture individuals who become subject to the expanded requirements from October.

Businesses that could fall within the extended liability provisions should also review the terms governing subcontracting and substitution. The new regime contains prescribed requirements concerning Right to Work obligations within contractual chains, controls over further subcontracting, audit rights, enforcement provisions and cooperation with Home Office investigations. Where substitution is permitted, processes will also be needed to prevent an unchecked substitute from carrying out the work.

The revised statutory Code of Practice on avoiding unlawful discrimination while preventing illegal working will also apply from 1 October 2026. Processes for the newly covered working arrangements should therefore be applied consistently and should not be based on assumptions about nationality, ethnicity or immigration status.

New checking processes should therefore be introduced consistently and should not be based on assumptions about an individual’s nationality, ethnicity or immigration status.

For detailed analysis of the expanded regime and how businesses should prepare, see our UK Right to Work Changes 2026 guide.

Summary

A compliant Right to Work check starts with identifying the correct checking method for the individual. Depending on their nationality and how their status is evidenced, this may involve the Home Office online service, a manual document check, a Digital Verification Service or, in specified circumstances, the Employer Checking Service.

The employer then needs to follow the prescribed process, confirm that the evidence relates to the person presenting for work and check that they are permitted to undertake the work in question. The required evidence should be retained for the duration of employment and for two years after it ends, with a further check carried out where the statutory excuse is time limited.

From 1 October 2026, the Right to Work scheme will extend to additional working arrangements beyond conventional employment. Businesses should establish whether individuals engaged through these arrangements will need to be brought within their Right to Work checking process before the new regime takes effect.

Need Assistance?

DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working.

It is not uncommon for the central HR function to have developed a system compliant with the Right to Work legislation, but in practice, the Right to Work checks conducted locally in branches or offices by line managers and supervisors may not meet the required standard. This is a compliance risk and can result in Home Office enforcement action against the organisation as a whole.

All personnel involved in recruitment and onboarding (which may not just be HR and line managers) should be trained to perform the checks correctly and consistently. Regular spot-checks of documents should also be conducted by HR to ensure standards are being maintained and to identify any potential issues to be rectified.

If you have a question about any aspect of Right to Work checks and avoiding Home Office penalties, or for information about support with your Right to Work services, including e-learning, training, mock audits and consultancy, contact us or book a fixed-fee telephone consultation for advice on a specific issue.

Right to Work Check FAQs

What is a Right to Work check?

A Right to Work check is the prescribed process an employer uses to establish that an individual is permitted to work in the UK and to do the work in question. Completing the applicable check correctly and at the required time can give the employer a statutory excuse against liability for a civil penalty if the individual is later found to be working illegally.

How do I carry out a Right to Work check?

First identify which checking method applies to the individual. Depending on their nationality and how their status is evidenced, you may need to use the Home Office online service, conduct a manual document check or use a Digital Verification Service. In specified circumstances, the Employer Checking Service is used. You then need to complete the prescribed process, confirm that the person can do the work in question and retain the required evidence.

When must a Right to Work check be completed?

For a new employee, the prescribed check should be completed before employment starts if the employer is to establish a statutory excuse. A check carried out after the individual has started work does not retrospectively establish a statutory excuse for the earlier period.

Which type of Right to Work check should I use?

The method depends on how the individual can evidence their right to work. Most people with digital immigration status are checked through the Home Office online service using a share code. British and Irish citizens can generally use acceptable documents for a manual check or, where eligible, a Digital Verification Service. The Employer Checking Service is used in specified cases where Home Office verification is required.

What is the difference between an online and digital Right to Work check?

An online Right to Work check uses the Home Office service to verify a person’s digital immigration status using a share code and date of birth. A digital check through a Digital Verification Service verifies eligible identity evidence for British and Irish citizens. The two processes apply to different circumstances and should not be treated as interchangeable.

How do I check a British citizen’s Right to Work?

A British citizen can generally be checked manually using acceptable List A documents. Where they hold an eligible valid British passport, a Digital Verification Service can also be used. An expired British passport can be acceptable for a prescribed manual check, but it cannot be used for the digital verification route.

How do I check someone with an eVisa?

Ask the individual to generate a Right to Work share code and provide their date of birth. Use those details through the employer-facing Home Office Right to Work service, check that the photograph matches the person presenting for work, confirm that they are permitted to undertake the work in question and retain the profile page as evidence of the check.

Can I accept a physical BRP or BRC for a Right to Work check?

No. Physical Biometric Residence Permits and Biometric Residence Cards cannot be accepted as evidence for a prescribed Right to Work check. The holder should normally evidence their current immigration status through the Home Office online service using a share code.

What should I do if a Right to Work share code does not work?

Check that the code was generated for Right to Work purposes and that the date of birth has been entered correctly. Right to Work share codes begin with the letter W. If necessary, ask the individual to generate a new code. If their status cannot be verified through the applicable online process, establish whether their circumstances require verification through the Employer Checking Service rather than accepting alternative evidence that does not satisfy the prescribed process.

Can someone start work before their Right to Work check is complete?

For a new employee, the employer should complete the prescribed Right to Work check before employment starts if it is to establish a statutory excuse. An urgent start date or the individual’s assurance that they have valid immigration permission does not replace the prescribed check.

How long should Right to Work check records be kept?

Keep the prescribed evidence throughout the individual’s employment and for two years after the employment ends. The record should show the evidence relied on and when the check was completed. Different evidence requirements apply to online, manual, Digital Verification Service and Employer Checking Service checks.

When is a follow-up Right to Work check required?

A further check is required where the employer has a time-limited statutory excuse and continued employment extends beyond that period. The timing depends on the basis of the original statutory excuse. A repeat check is not currently required solely because an employee holds pre-settled status under the EU Settlement Scheme, provided the original check was completed correctly.

What happens if an employee has applied to extend their visa?

An existing employee who made a valid application before their previous immigration permission expired may continue to have the same right to work while the application is pending. The employer should establish their continuing position through the Home Office online service where available or the Employer Checking Service where the relevant criteria are met. A visa expiry date should not be treated automatically as evidence that the right to work has ended.

What is a Positive Verification Notice?

A Positive Verification Notice is issued following an Employer Checking Service request where the Home Office confirms that the individual has the right to undertake the work in question. It provides the employer with a time-limited statutory excuse, currently for six months from the date of the notice.

What changes to Right to Work checks on 1 October 2026?

From 1 October 2026, the Right to Work scheme will extend to additional working arrangements beyond conventional employment, including specified worker contracts, individual subcontracting arrangements and certain work obtained through online matching services. The change broadens the range of individuals who may need to be checked rather than introducing an entirely new checking method. Businesses using these arrangements should review how affected individuals will be identified and checked before work starts.

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