UK Right to Work 2026: Checks, Documents & Compliance

Section A: What is the Right to Work?

“Right to Work” in the UK refers to an individual’s legal permission to undertake employment in the country. Whether someone has the Right to Work, and whether there are restrictions on the work they can do, depends on their citizenship or immigration status. The Right to Work scheme forms part of the UK’s wider framework for preventing illegal working.

Employers must ensure that anyone they employ is permitted to carry out the work in question. Carrying out a prescribed Right to Work check before employment begins enables the employer to establish a statutory excuse against a civil penalty if the individual is later found to have been working illegally.

Right to Work compliance forms part of both the UK immigration enforcement framework and wider employment law obligations.

Compliance with Right to Work requirements helps prevent illegal working, which can lead to undercut wages, poor working conditions and exploitation.

Under section 15 of the Immigration, Asylum and Nationality Act 2006 and the Code of Practice issued under section 19, employers who are found to have employed a person who is not permitted to work can be issued with a civil penalty of up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for repeat breaches.

1. Employers’ Right to Work Obligations

Employers must carry out the prescribed Right to Work check before an individual starts employment if they want to establish a statutory excuse against liability for a civil penalty. The check must confirm not only that the individual has permission to work in the UK but that they are permitted to do the work on offer.

Employers also need to keep prescribed records of the check for the duration of the employment and for two years after it ends.

Where an employee’s permission to work is time-limited, employers will usually need to carry out a follow-up check before the statutory excuse expires if they want to retain their protection against a civil penalty. An exception applies to EU Settlement Scheme pre-settled status holders, where follow-up checks are no longer required once a compliant initial check has been completed.

Failure to comply with the Right to Work requirements can result in significant penalties. Civil penalties can be imposed where an employer employs someone who is not permitted to undertake the work and cannot establish a statutory excuse. Criminal liability can also arise where an employer knows, or has reasonable cause to believe, that the individual is disqualified from employment by reason of their immigration status.

2. Employees and Right to Work Evidence

Individuals need to comply with the conditions of their immigration permission. Where their permission is time-limited or their circumstances change, they may also need to provide updated evidence so that their employer can complete any required follow-up Right to Work check.

Workers of all nationalities will usually need to provide evidence or information that enables their employer to complete the appropriate Right to Work check. The method of proving the Right to Work will depend on the individual’s citizenship and immigration status.

3. Home Office Enforcement & Compliance Functions

The Home Office is responsible for administering and enforcing the UK’s illegal working regime. Its functions include:

a. Providing Guidance and Support: The Home Office issues detailed guidance to workers and employers on how to comply with Right to Work requirements. This includes lists of acceptable documents and guidance on how to conduct checks.

b. Conducting Compliance Checks: Immigration Enforcement officers conduct inspections and audits of employers to assess compliance with Right to Work requirements. These checks may be intelligence-led, sector-focused, complaint-driven or carried out as part of wider compliance activity.

c. Issuing Penalties: Where illegal working is identified, the Home Office can issue civil penalties and may pursue criminal action where the statutory threshold is met.

d. Employer Checking Service: The Home Office provides the Employer Checking Service to help employers verify the Right to Work of individuals in specified circumstances where the usual documentary or online evidence is not available, including certain cases involving an outstanding Home Office application, appeal or administrative review.

Right to Work Changes from 1 October 2026

From 1 October 2026, the UK’s illegal working regime will extend beyond conventional employment relationships to specified non-employee working arrangements. These include individuals working under worker contracts, individual subcontractors and certain individuals providing services through online matching services.

For affected organisations, the change means Right to Work compliance will no longer be an issue confined to employees. Where an arrangement falls within the extended regime, the organisation may need to carry out a prescribed Right to Work check before the individual starts the relevant work if it wants to establish a statutory excuse against civil penalty liability.

Employers and other affected businesses should review their workforce and contracting arrangements before the new regime takes effect, particularly where they use individual subcontractors, platform workers or other flexible labour models.

For detailed guidance on the scope of the new rules, which working arrangements are affected and the steps organisations should take before implementation, see our guide to the UK Right to Work changes from 1 October 2026.

Section B: Who has the Right to Work in the UK?

Whether an individual has the Right to Work in the UK depends on their citizenship, immigration status and, where relevant, the conditions attached to their permission. Some people have an unrestricted Right to Work, while others can work only for a limited period or subject to restrictions on the type of work they can undertake.

Employers should check the individual’s current status and any work conditions that apply rather than relying on assumptions based on nationality, length of residence or previous immigration permission.

1. British Citizens

British citizens have an unrestricted Right to Work in the UK. Employers must still complete a compliant Right to Work check before employment begins if they want to establish a statutory excuse against a civil penalty.

British citizens cannot use the Home Office share code service to prove their Right to Work. Their status is usually checked manually using an acceptable document or, where the individual has a valid British passport, through a Digital Verification Service.

2. Irish Citizens

Irish citizens have an unrestricted Right to Work in the UK under the Common Travel Area arrangements. As with British citizens, the employer still needs to carry out a compliant Right to Work check before employment begins.

Irish citizens cannot use the Home Office share code service to prove their Right to Work. Their status can usually be checked manually using an acceptable document or, where they hold a valid Irish passport or Irish passport card, through a Digital Verification Service.

3. Individuals with Indefinite Leave to Remain or Settled Status

Individuals with indefinite leave to remain, indefinite leave to enter or settled status under the EU Settlement Scheme can work in the UK without a time limit. A compliant Right to Work check will usually establish a continuous statutory excuse, meaning that no follow-up check is required solely because of the individual’s immigration status.

The method of checking will depend on how the individual’s status is evidenced. Many people with settled status will prove their Right to Work through the Home Office online service, while some individuals with indefinite leave may still be able to rely on an acceptable physical document.

4. Individuals with EU Settlement Scheme Pre-Settled Status

Individuals with pre-settled status under the EU Settlement Scheme have permission to work in the UK while that status remains valid. Their Right to Work is normally evidenced through the Home Office online checking service.

Employers are no longer required to carry out repeat Right to Work checks solely because an employee holds pre-settled status, provided a compliant initial check was completed before employment began.

Employers should not assume, however, that every EU, EEA or Swiss citizen has status under the EU Settlement Scheme. Where a new employee does not hold British or Irish citizenship, the employer should complete the appropriate Right to Work check based on the immigration status the individual actually holds.

5. Individuals with Time-Limited Immigration Permission

Many immigration routes give an individual permission to work for a limited period. These include sponsored work routes, family routes, dependant routes, Global Talent and other categories where work is permitted.

The work conditions vary between routes. Some individuals can work without restrictions on employer or occupation, while others may be limited to a particular sponsor, type of work, number of hours or other conditions. Employers need to check not only that the individual has current permission but that the proposed role falls within the work they are permitted to undertake.

Where the individual’s Right to Work is time-limited, the employer will usually need to carry out a follow-up check before the statutory excuse expires if employment is continuing.

6. Sponsored Workers

Workers sponsored under routes such as Skilled Worker can work in the UK subject to the conditions of their immigration permission. Their permission will usually be linked to the employment for which they were sponsored, although some routes allow limited supplementary or additional work in specified circumstances.

The Right to Work check should confirm that the individual is permitted to carry out the work on offer. For sponsor licence holders, this sits alongside separate sponsorship duties relating to the worker’s role, salary, working arrangements and reporting requirements.

7. Students and Other Individuals with Restricted Work Rights

Some immigration categories permit work but impose specific restrictions. Students, for example, may be limited in the number of hours they can work during term time and may be prohibited from undertaking certain types of work.

Employers should check the exact work conditions shown through the individual’s Right to Work evidence and, where necessary, obtain additional evidence relevant to those restrictions. For students, this can include information confirming the relevant term and vacation dates.

8. Individuals with Outstanding Immigration Applications

An individual may continue to have the Right to Work after their previous immigration permission has expired where a valid in-time application was made and their existing permission has been extended under section 3C of the Immigration Act 1971. The conditions attached to the previous permission, including any restrictions on work, will generally continue while section 3C leave applies.

Where the employer cannot establish the individual’s continuing Right to Work through the standard manual or online checking routes, it may need to obtain confirmation from the Employer Checking Service.

9. Asylum Seekers with Permission to Work

Asylum seekers are not normally permitted to work while their claim is pending. Permission to work may be granted where the asylum claim has been outstanding for more than 12 months through no fault of the applicant, subject to restrictions on the occupations they can undertake.

The applicable restriction depends on when the application for permission to work was made. For applications made on or after 26 March 2026, permission is generally restricted to occupations in Appendix Skilled Occupations at RQF level 6 or above. Earlier grants may remain subject to the occupational restrictions that applied when permission was granted.

Employers should check the individual’s current evidence of permission and the specific work restriction that applies rather than relying on the general immigration category.

Section C: Right to Work Checks

The Immigration, Asylum and Nationality Act 2006 provides the framework for preventing illegal working and allows the Home Office to impose civil penalties and pursue criminal enforcement where the statutory conditions are met. The Right to Work scheme and associated Codes of Practice explain how employers can establish a statutory excuse against a civil penalty and how checks should be carried out fairly and consistently.

All new employees should be checked regardless of nationality, role or length of service. Applying the same checking process consistently also helps reduce the risk of unlawful discrimination.

The employer needs to establish that the individual is permitted to work in the UK and that they are permitted to carry out the work on offer. The appropriate checking method depends on the individual’s nationality, immigration status and the form in which their Right to Work is evidenced.

There are three principal prescribed methods of carrying out a Right to Work check:

• a manual check using acceptable original documents from the Home Office Lists A or B
• a digital identity check using a Digital Verification Service for qualifying British and Irish passport holders
• a Home Office online Right to Work check using a share code for individuals whose immigration status is held digitally

In certain cases where one of these methods cannot be used, the employer may need to obtain verification from the Home Office Employer Checking Service.

A compliant Right to Work check can provide an employer with a statutory excuse against civil liability. If the individual is later found to have been working illegally, the employer may be protected from a civil penalty if the prescribed check was completed correctly and at the required time.

Failing to conduct the check correctly can expose the employer to civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for repeat breaches.

You can read our comprehensive guide to Right to Work Checks here >>

1. Digital Right to Work Checks

A digital Right to Work check using a Digital Verification Service can be used for qualifying British and Irish citizens with a valid passport or, in the case of Irish citizens, a valid passport card.

The DVS carries out the digital identity verification element of the process. The employer remains responsible for satisfying itself that the individual presenting for work is the person identified in the DVS output and for retaining the required evidence of the check.

The Home Office recommends using a DVS that is certified against the relevant trust framework and supplementary code. Employers should also ensure that their chosen provider is operating in a way that allows the employer to meet the prescribed Right to Work requirements.

DVS checks cannot be used for expired British or Irish passports. Where an expired passport is otherwise acceptable for a manual Right to Work check, the employer will need to conduct the manual check instead.

2. Online Right to Work Checks Using Share Codes

An online Right to Work check using a share code is carried out through the Home Office Right to Work Checking Service. The individual generates a share code and provides it to the employer together with their date of birth.

The employer must then use the employer section of the Home Office service to view the individual’s Right to Work record. The response will show whether the individual is permitted to work and, where relevant, any restrictions on the work they can undertake and the date on which their permission expires.

The employer must check that the photograph shown on the online profile matches the individual presenting for work and retain a clear copy of the Home Office response for the duration of employment and for two years after it ends.

Online checks are now used for most individuals whose immigration status is held digitally, including many people with eVisas, EU Settlement Scheme status and frontier worker permission.

Biometric residence permits and biometric residence cards are no longer accepted as standalone physical evidence of the Right to Work. Individuals whose status is now held digitally will ordinarily need to use their UKVI account and the Home Office “view and prove” service to generate a Right to Work share code.

Employers should not insist on a share code where the individual is entitled to rely on another acceptable form of Right to Work evidence. Where immigration status is held solely in digital form, however, an online Right to Work check will normally be required.

3. Manual Right to Work Checks

A manual Right to Work check requires the individual to provide original documents from List A or List B of the Home Office’s acceptable document lists. List A documents establish a continuous statutory excuse, while List B documents establish a time-limited statutory excuse.

The employer must have the original document in its physical possession when carrying out the check. A live video link can be used to establish that the person presenting for work is the holder of the document, but a scan, photograph or document shown only over video is not sufficient for a prescribed manual check.

The employer must be satisfied that the document appears genuine, belongs to the individual presenting it, has not expired where expiry is relevant and confirms that the individual is permitted to carry out the work on offer.

The employer must make and retain clear copies of the relevant parts of the document, record the date on which the check was completed and keep the evidence securely for the duration of employment and for two years after it ends.

A manual check can be used where the individual has acceptable physical documents and an online check is not required.

Read more about acceptable documents for a manual check here >

4. Employer Checking Service

The Employer Checking Service is used where the employer cannot establish the individual’s Right to Work through the standard manual or online checking routes and the circumstances are ones that the Home Office can verify.

This can include cases where an individual made a valid in-time application before their previous immigration permission expired and their existing permission has been extended under section 3C of the Immigration Act 1971. Where section 3C applies, the conditions attached to the previous permission, including any work restrictions, generally continue while the application and any qualifying appeal or administrative review remain pending.

The employer can request confirmation from the Home Office and, where the individual has permission to work, may receive a Positive Verification Notice.

For a prospective employee, the employer should not allow the individual to start work unless it has completed a prescribed Right to Work check or received a Positive Verification Notice confirming the Right to Work.

For an existing employee, a limited 28-calendar-day extension of the statutory excuse may apply in certain follow-up check situations where the employer is reasonably satisfied that the individual has an outstanding qualifying application, appeal or administrative review. The employer should use that period to obtain a Positive Verification Notice or complete an online Right to Work check. The 28-day provision does not apply to initial pre-employment checks.

A Positive Verification Notice will usually provide a time-limited statutory excuse, so the employer will need to diarise the expiry and carry out any required follow-up check if employment continues.

Section D: Common Right to Work Issues

Right to Work problems can arise even where an employer has established checking procedures. Particular risks arise where immigration permission is time-limited, evidence is unavailable or unclear, an employee’s status changes or the organisation also holds a sponsor licence.

1. Sponsor Licence Exposure & Right to Work Compliance

For sponsor licence holders, Right to Work compliance forms part of wider UKVI sponsor compliance scrutiny rather than simply the civil penalty regime.

Sponsors must carry out a Right to Work check on any worker they wish to sponsor, including a worker who is not their direct employee, as well as workers they otherwise employ. Right to Work failures can therefore have consequences under the sponsor compliance regime as well as the illegal working civil penalty regime.

Where illegal working concerns arise, the Home Office may examine broader recruitment practices, HR systems, payroll compliance and sponsor governance arrangements. A civil penalty investigation can therefore lead to wider scrutiny of the sponsor licence.

Sponsors should distinguish between the statutory excuse regime and their wider sponsor duties. Establishing a statutory excuse against a civil penalty does not automatically protect a sponsor from compliance action under the sponsor guidance.

Appendix D of the sponsor guidance also imposes specific record-keeping requirements. For example, where a sponsored worker is employed by a related organisation, the employing organisation is responsible for establishing the statutory excuse, while the sponsor must retain evidence of the relevant check or conduct its own Right to Work check. Where a sponsored worker is genuinely self-employed, the sponsor does not establish a statutory excuse under the illegal working legislation but must still conduct and retain the required Right to Work check for sponsor compliance purposes.

During audits, UKVI may assess Right to Work records alongside payroll data, contracts, salary payments and working arrangements to test whether sponsorship duties are being met in practice.

Additional risk can arise in subcontracting, labour supply and group company arrangements. Sponsors need to be clear about who employs the worker, who exercises day-to-day control, where the work is carried out and which Right to Work, record-keeping and reporting obligations apply.

2. Inability to Provide Right to Work Evidence

An individual’s inability to produce evidence immediately does not necessarily mean that they have lost or do not have the Right to Work. Documents may have been lost, an immigration application may be outstanding or the individual may have difficulty accessing their digital status.

The employer should establish which checking route is available rather than assuming that the absence of documents means the individual cannot work. Where the circumstances fall within those that the Home Office can verify, the employer should consider using the Employer Checking Service to obtain confirmation of the individual’s status.

For prospective employees, an offer can be made conditional on a satisfactory Right to Work check being completed before employment begins. Where a prescribed check cannot be completed and Home Office verification is required, the individual should not normally start work until the employer has received a Positive Verification Notice confirming their Right to Work.

3. Worker Loses the Right to Work

Workers may lose their Right to Work if their immigration permission expires without a valid in-time application, their permission is cancelled or their immigration position changes so that they are no longer permitted to undertake the work in question.

Employers should distinguish between confirmed loss of the Right to Work and a situation where an existing employee is temporarily unable to provide evidence of continuing permission. Failure to produce evidence does not necessarily mean that permission has ended. The employee should be given a reasonable opportunity to establish their position and the Employer Checking Service should be used where appropriate.

Where a valid in-time application has been made, section 3C of the Immigration Act 1971 may extend the employee’s existing immigration permission and its work conditions while the application and any qualifying appeal or administrative review remain pending. The employer may need to obtain a Positive Verification Notice to establish or retain its statutory excuse.

Where the employee no longer has permission to undertake the work and there is no legal basis for continued employment, allowing them to continue working creates illegal working risk. The employer may need to terminate employment, but should follow an appropriate employment law process rather than treating the absence of Right to Work evidence as automatically establishing a fair reason for immediate dismissal.

4. Allegations of Compliance Breaches by the Home Office

Allegations from the Home Office concerning illegal working can expose an employer to civil penalties and, where the statutory threshold is met, criminal liability. Sponsor licence holders may also face separate compliance action.

Employers should establish the factual and legal basis of the allegation, preserve the relevant Right to Work records and review whether the prescribed checks were completed correctly and at the required time. Where wider weaknesses are identified, corrective measures may include additional training, revised procedures and targeted file audits.

5. Verification in Higher-Risk Cases

Some Right to Work cases require closer examination because the individual’s permission is subject to unusual or specific work conditions. These can include asylum seekers, sponsored workers, Students and individuals whose immigration status is continuing while an application or other immigration process is outstanding.

Asylum seekers are not normally permitted to work while their claim is pending. Where an asylum claim has been outstanding for more than 12 months through no fault of the applicant, permission to work may be granted subject to occupational restrictions.

The applicable restriction depends on when the application for permission to work was made. For applications made on or after 26 March 2026, permission is generally restricted to occupations in Appendix Skilled Occupations at RQF level 6 or above. Earlier grants may remain subject to the occupational restrictions that applied when permission was granted.

Sponsored workers can also present additional issues where they undertake more than one job, work for another organisation or work under arrangements that differ from those recorded for sponsorship purposes. Employers and sponsors need to consider both the individual’s Right to Work conditions and any separate sponsor compliance requirements.

Our immigration compliance team are highly experienced in advising on complex circumstances and can offer practical guidance on how to handle such matters in accordance with the applicable requirements.

6. Data Protection and Privacy

Right to Work checks involve the collection and retention of personal information, including copies of identity and immigration evidence. Employers need to handle this information in accordance with applicable data protection requirements and restrict access to those who need it for legitimate business and compliance purposes.

Records should be stored securely for the required retention period and disposed of appropriately when they are no longer required.

7. Unlawful Discrimination

Employers must carry out Right to Work checks without discriminating because of nationality, race or ethnicity. Checks should be applied consistently to all prospective employees rather than being triggered by a person’s appearance, accent, name or perceived nationality.

Employers should also avoid insisting on a particular form of evidence where the individual is entitled to establish their Right to Work through another prescribed method. Consistent recruitment and checking procedures help reduce discrimination risk while allowing the employer to establish its statutory excuse.

Section E: Illegal Working Allegations

Even where employers understand their Right to Work duties and operate policies and processes designed to comply with them, practical failures can result in allegations of illegal working and Home Office enforcement action. Risk can be particularly difficult to control across organisations with multiple sites, decentralised recruitment or a large and changing workforce.

Where the Home Office alleges that an employer has employed someone without the Right to Work, the immediate issue is whether the individual was working illegally and whether the employer can establish a statutory excuse. The Home Office may also consider whether the circumstances indicate wider compliance failures. Sponsor licence holders can face separate action under the sponsor compliance regime.

Given the potential consequences of enforcement action, employers should establish the basis of the allegation quickly and consider taking professional advice on their options to respond to or challenge the Home Office’s findings.

1. Initial Response and Internal Review

When the Home Office alleges that illegal working has occurred, the employer should identify the individual or individuals concerned, the period of alleged illegal working and the immigration status on which the allegation is based.

The relevant Right to Work records should then be reviewed to determine which checking method was used, when the check was completed, what evidence was retained and whether the check established a statutory excuse for the period in question. An internal audit may also be appropriate where the circumstances indicate that the issue could extend beyond an isolated case.

2. Responding to the Home Office

Information provided to the Home Office should be accurate, consistent and supported by the organisation’s records. Employers should preserve relevant Right to Work evidence, recruitment records and communications rather than attempting to reconstruct the checking process after the event.

The response should address the specific allegation and, where relevant, identify evidence showing that a prescribed check was completed correctly or that other circumstances affect liability or the level of any penalty.

3. Corrective Action

Where the review identifies weaknesses in the organisation’s Right to Work controls, corrective action should address the cause of the failure. Depending on the circumstances, this may include updating checking procedures, retraining HR or recruitment staff, improving follow-up check systems or auditing other personnel files for similar errors.

Corrective action does not retrospectively create a statutory excuse where one did not exist, but evidence of effective compliance measures may be relevant to the organisation’s wider response and future risk management.

4. Managing Civil Penalties and Legal Proceedings

If the Home Office issues a civil penalty, the employer should review the decision, the evidence relied on and the calculation of the penalty before deciding how to respond. Depending on the circumstances, options may include paying the penalty, objecting to it or appealing to the County Court in England, Wales or Northern Ireland, or the sheriff court in Scotland.

Strict time limits apply to challenges. The appropriate response will depend on matters including whether the individual was working illegally, whether a statutory excuse existed and whether the Home Office has correctly applied the civil penalty framework.

Criminal liability is separate from the civil penalty regime. An employer can commit a criminal offence where it employs a person who is disqualified from employment by reason of their immigration status and the employer knows, or has reasonable cause to believe, that the person is disqualified from that employment.

5. Sponsor Licence Consequences

For sponsor licence holders, an illegal working investigation can have consequences beyond the civil penalty itself. UKVI may examine whether the circumstances indicate failures in recruitment controls, record keeping or wider sponsor compliance.

A Right to Work failure can therefore place the sponsor licence at risk independently of the outcome of the civil penalty process. Sponsors should consider the immigration enforcement allegation and any potential sponsor compliance exposure together when determining their response.

 
 
Read more about our Immigration Compliance Services for Employers here >>

Section F: Right to Work Follow-Up Checks

A Right to Work check does not always provide an employer with a statutory excuse for the entire period of employment. Where an employee has time-limited permission to work, the employer will usually need to carry out a follow-up check before its statutory excuse expires.

The purpose of the follow-up check is to confirm that the employee continues to have permission to work and remains permitted to carry out the work in question. Employers should identify time-limited statutory excuses when the initial check is completed and record when a further check will be required.

1. When is a Follow-Up Right to Work Check Required?

Whether a follow-up check is required depends on the evidence relied on for the original check. A List A check establishes a continuous statutory excuse, so no further check is normally required during that employment. A time-limited statutory excuse will require a further check at the appropriate point if employment is continuing.

For online checks, the Home Office response will show whether the individual’s Right to Work is time-limited and the date on which their permission expires. Employers should retain the evidence of the check and diarise any required follow-up date.

An exception applies to individuals with pre-settled status under the EU Settlement Scheme. Where the employer completed a compliant initial Right to Work check, it is not required to carry out a further check solely because the individual holds pre-settled status.

2. When Should the Follow-Up Check be Completed?

The follow-up check should be completed before the employer’s existing statutory excuse expires. Leaving the check until the employee’s immigration permission has already expired can create unnecessary uncertainty over whether the individual remains permitted to work.

Employers should operate a reliable reminder system that allows sufficient time to contact the employee, identify the appropriate checking route and deal with any outstanding immigration application or difficulty accessing evidence before the relevant date.

3. What if the Employee Has an Outstanding Immigration Application?

Where an employee made a valid in-time application before their existing immigration permission expired, section 3C of the Immigration Act 1971 may extend their existing permission and the conditions attached to it while the application remains pending. The employee may therefore continue to have the Right to Work even though the expiry date shown on their previous immigration permission has passed.

Where the employee cannot demonstrate their continuing Right to Work through an online check, the employer may need to use the Employer Checking Service to obtain a Positive Verification Notice.

In certain follow-up situations, an employer’s existing statutory excuse can continue for up to 28 calendar days from the date on which it would otherwise expire, provided the employer is reasonably satisfied that the employee has an outstanding qualifying application, appeal or administrative review. The employer should use that period to obtain a Positive Verification Notice or complete an online Right to Work check.

The 28-day provision applies to qualifying follow-up checks for existing employees. It does not allow a prospective employee to start work where the employer has not completed an initial prescribed Right to Work check or obtained the necessary Home Office verification.

4. Positive Verification Notices and Further Checks

Where the Employer Checking Service confirms that an individual has the Right to Work, the Home Office will issue a Positive Verification Notice. A Positive Verification Notice will generally establish a statutory excuse for six months from the date of the notice.

If the individual remains employed when that statutory excuse is due to expire, the employer will need to carry out another prescribed check or obtain further Home Office verification as appropriate.

5. Managing Right to Work Expiry Dates

Employers should not rely on employees to identify when a follow-up check is required. Expiry dates and follow-up requirements should be recorded centrally as part of the organisation’s Right to Work process, with responsibility allocated for acting on them.

The relevant date is not always simply the expiry date printed on an old immigration document. Digital status, section 3C leave, Positive Verification Notices and particular Home Office arrangements can affect when the statutory excuse expires and which check is required next.

Where a follow-up check indicates that the employee’s work conditions have changed, the employer should also confirm that the individual remains permitted to carry out their particular role rather than checking only whether they have permission to work in the UK generally.

Section G: What Happens if Someone Cannot Prove Their Right to Work?

An individual who cannot immediately provide evidence of their Right to Work does not necessarily lack permission to work in the UK. They may have an outstanding immigration application, difficulty accessing their digital status or another immigration position that requires verification by the Home Office.

The employer should establish why the usual evidence is unavailable and identify the appropriate checking route rather than assuming that the individual is working illegally.

1. Prospective Employees

For a prospective employee, the employer needs to complete the appropriate prescribed Right to Work check before employment begins if it wants to establish a statutory excuse against a civil penalty.

Where the individual cannot provide the evidence needed for a manual or online check but their circumstances can be verified through the Home Office, the employer should use the Employer Checking Service.

If the Employer Checking Service confirms that the individual has permission to undertake the work, the employer will receive a Positive Verification Notice. The individual should not normally start work until the employer has completed a prescribed check or received the required Positive Verification Notice.

2. Existing Employees

The position requires greater care where an existing employee who previously established their Right to Work cannot provide new evidence when a follow-up check becomes due. An inability to produce evidence does not itself establish that the employee has lost their Right to Work.

Where a valid in-time immigration application was made before the employee’s previous permission expired, section 3C of the Immigration Act 1971 may extend their existing permission and its work conditions while the application remains pending. Continuing permission may also need to be considered where a qualifying appeal or administrative review is outstanding.

The employer should give the employee a reasonable opportunity to establish their continuing Right to Work and use the Employer Checking Service where the circumstances require Home Office verification.

3. Problems Accessing an eVisa or Share Code

Digital immigration status can create practical problems where an individual cannot access their UKVI account, their personal details do not match the Home Office record or they experience difficulty generating a share code.

A technical problem with the online service does not itself mean that the individual has no Right to Work. Employers should distinguish between an inability to access evidence and an absence of immigration permission, and use the appropriate Home Office process where the individual’s status cannot be verified through the normal online service.

4. When Can the Employee Continue Working?

Whether an existing employee can continue working depends on their underlying immigration position and whether the employer retains a statutory excuse. Where the employee has an outstanding qualifying application, appeal or administrative review, a limited 28-calendar-day extension of an existing statutory excuse may apply while the employer obtains Home Office verification.

Where the Employer Checking Service issues a Positive Verification Notice, the notice will generally establish a statutory excuse for six months. A further check will be required if the individual remains employed when that period expires.

The 28-day provision does not apply to initial pre-employment checks. Employers should not treat it as a general grace period allowing a new employee to start work without the required evidence.

5. When the Right to Work Has Been Lost

Where it is established that an employee no longer has permission to undertake the work, continuing to employ them can expose the organisation to illegal working penalties and, where applicable, sponsor licence action.

The employer should establish the immigration position before taking employment action. Where the employee cannot regain or establish the necessary permission, termination may become necessary, but the employer should follow an appropriate employment law process and consider the evidence available before reaching that decision.

Section H: Right to Work and Sponsor Licence Compliance

For sponsor licence holders, Right to Work compliance operates alongside the separate duties imposed under the sponsorship regime. A compliant Right to Work check may establish a statutory excuse against a civil penalty, but it does not establish that all sponsor duties have been met.

Sponsors need to consider both regimes when recruiting and managing sponsored workers. A worker may have permission to work in the UK while their role, salary, working location or other arrangements create a separate sponsor compliance issue.

1. Who Does a Sponsor Need to Check?

Sponsors must carry out a Right to Work check on any worker they wish to sponsor, including a worker who is not their direct employee. They must also carry out the appropriate checks on workers they otherwise employ.

The distinction matters in arrangements involving related organisations, self-employed sponsored workers and other working arrangements where the sponsor and the direct employer are not necessarily the same entity.

2. Right to Work Checks and the Statutory Excuse

The statutory excuse under the illegal working regime and the sponsor’s compliance obligations serve different purposes. Where an organisation directly employs a worker, completing the prescribed Right to Work check can establish a statutory excuse against a civil penalty if the worker is subsequently found to have been working illegally.

Where the sponsor is not the individual’s employer, it may not be able to establish a statutory excuse because it is not the employer for the purposes of the civil penalty regime. The sponsor may nevertheless be required to carry out and retain a Right to Work check under the sponsor guidance.

For sponsored workers employed by a related organisation, Appendix D of the sponsor guidance requires the employing organisation to establish the statutory excuse. The sponsor must also retain evidence of the relevant check or carry out its own check as required under the sponsor record-keeping rules.

Where a sponsored worker is genuinely self-employed, the sponsor does not establish a statutory excuse under the illegal working legislation but must still carry out and retain the required Right to Work check for sponsor compliance purposes.

3. Right to Work Failures and the Sponsor Licence

A Right to Work failure can expose a sponsor to action beyond a civil penalty. UKVI can examine whether the failure indicates wider problems with recruitment controls, record keeping or the organisation’s ability to comply with its sponsor duties.

The sponsor guidance treats failures to conduct the required Right to Work checks or follow-up checks seriously. Where a sponsor receives a civil penalty for employing an illegal worker, or UKVI otherwise establishes that the required checks were not carried out, the sponsor licence may be at risk of revocation.

Employers should therefore avoid treating the absence of a civil penalty as confirmation that there is no sponsor compliance exposure. The Home Office can consider the sponsor’s conduct separately under the sponsorship regime.

4. Sponsored Workers with Additional or Changing Work

Right to Work checks confirm whether an individual is permitted to undertake the work in question, but sponsors also need to monitor whether sponsored workers continue to work in accordance with the conditions of their sponsorship.

Changes to duties, occupation, salary, working location or employment arrangements can have sponsor compliance implications even where the worker continues to hold valid immigration permission. Sponsored workers taking additional work can also be subject to specific immigration conditions.

Sponsors should therefore consider whether a change requires action under the sponsorship regime rather than relying solely on the fact that the worker continues to show a valid Right to Work.

5. Right to Work Records During a UKVI Audit

During a sponsor compliance audit, UKVI may examine Right to Work records alongside the documents and information the sponsor is required to retain under Appendix D. These can include employment contracts, payroll and salary records, evidence of the worker’s role and information about where and how the work is being carried out.

Discrepancies between the Right to Work evidence, Certificate of Sponsorship information, payroll records and the worker’s actual duties can prompt further scrutiny. Sponsors should therefore ensure that Right to Work records form part of the wider sponsor compliance file rather than being managed as an isolated onboarding exercise.

Section I: Practical Right to Work Compliance

Right to Work compliance depends on the employer being able to apply the correct checking process consistently across its workforce. The risk is not confined to whether a check was carried out. Timing, the method used, any work restrictions identified, record keeping and follow-up action can all determine whether the employer has established and retained a statutory excuse.

Responsibility should be clearly allocated within the organisation, particularly where recruitment takes place across different sites, business units or recruitment teams.

1. Right to Work Policies and Procedures

Employers should have a documented process setting out when Right to Work checks are required, who is responsible for carrying them out and how the correct checking method is identified.

The process should cover manual checks, Home Office online checks, Digital Verification Services and use of the Employer Checking Service. It should also explain how time-limited permission, follow-up checks and cases involving restrictions on the work an individual can undertake are managed.

Procedures should reflect current Home Office requirements rather than relying on historic practices or document types that are no longer accepted.

2. Record Keeping

Employers need to retain evidence showing that the prescribed Right to Work check was completed correctly. The records should identify the evidence checked and the date on which the check was carried out.

Right to Work records must generally be retained securely for the duration of the individual’s employment and for two years after employment ends. Where an online check is used, the employer should retain the Home Office profile page confirming the individual’s Right to Work. For manual checks, clear copies of the prescribed parts of the original documents should be retained.

The records need to be capable of demonstrating compliance if the Home Office later investigates. An internal record stating that a check was completed will not compensate for missing prescribed evidence.

3. Managing Time-Limited Permission

Where a check establishes a time-limited statutory excuse, the expiry or follow-up date should be recorded when the initial check is completed. Responsibility should also be allocated for carrying out the next check before the statutory excuse expires.

Reminder systems should provide enough lead time to identify whether the employee has obtained further immigration permission, made an outstanding application or requires verification through the Employer Checking Service.

Employers should not rely solely on the employee to identify when another check is required.

4. Training Staff

Anyone responsible for recruitment, onboarding or follow-up checks should understand the different checking routes and when each can be used. Training should cover how to identify work restrictions, how to retain compliant evidence and when a case needs to be escalated.

Training is particularly important where responsibility is delegated to local managers or junior HR staff. A written policy will have limited value if the people carrying out the checks do not understand how to apply it.

5. Internal Right to Work Audits

Periodic audits can identify gaps before they become the subject of Home Office enforcement. The review should test whether checks were completed before employment began, whether the correct checking route was used, whether the evidence was retained and whether required follow-up checks were completed on time.

Audits should also test whether the organisation’s procedures are being applied consistently across sites, departments and different categories of worker. Where recurring errors are identified, the underlying process should be corrected rather than treating each defective file as an isolated problem.

6. Higher-Risk Working Arrangements

Contractors, temporary workers, agency arrangements, group company structures and other non-standard working arrangements can create uncertainty over which organisation is responsible for the relevant checks.

Employers should establish the nature of the working relationship and the applicable Right to Work obligations rather than assuming that another organisation has dealt with the issue. Sponsor licence holders also need to consider whether separate sponsor compliance requirements apply to sponsored workers who are not their direct employees.

7. Responding to Changes

Right to Work procedures should be reviewed when Home Office requirements change. Updates to digital status arrangements, acceptable evidence or checking procedures can make established onboarding practices obsolete.

Where a change affects existing employees, employers should first establish whether retrospective action is actually required. A change to the checking system does not necessarily mean that a compliant statutory excuse established under the rules in force at the time needs to be repeated.

Summary

Right to Work compliance requires employers to establish that every employee is permitted to work in the UK and to carry out the work on offer. A prescribed check completed at the correct time can establish a statutory excuse against a civil penalty, but employers also need to manage time-limited permission, work restrictions and any required follow-up checks.

Digital immigration status and the different checking routes mean that employers need to identify the correct method for each individual rather than applying the same document process in every case. Particular care is needed where an employee has an outstanding immigration application, cannot access evidence of their status or works subject to immigration restrictions.

For sponsor licence holders, Right to Work compliance also forms part of wider sponsor compliance. Effective record keeping, trained personnel, reliable follow-up systems and periodic audits can help identify weaknesses before they result in Home Office enforcement action.

Need Assistance?

DavidsonMorris are UK Right to Work specialists. We provide the guidance and assurance to help you meet your obligations and avoid Home Office enforcement action advice, Right to Work e-learning solutions, training services and consultancy. Contact us for further information.

Right to Work FAQs

What is the Right to Work in the UK?

The Right to Work in the UK means that an individual is legally permitted to undertake employment in the country. Whether they can work, and whether there are restrictions on the work they can do, depends on their citizenship or immigration status.

Who needs a Right to Work check?

Employers should carry out a Right to Work check on all prospective employees before employment begins, regardless of nationality. Applying the same process consistently helps establish the statutory excuse and reduces discrimination risk.

Do British citizens need a Right to Work check?

Yes. British citizens have an unrestricted Right to Work, but the employer should still complete a compliant check before employment begins if it wants to establish a statutory excuse. British citizens cannot use a Home Office share code for this purpose.

Do Irish citizens need a Right to Work check?

Yes. Irish citizens have an unrestricted Right to Work under the Common Travel Area arrangements, but the employer should still complete the appropriate check. Depending on the evidence available, this may be a manual check or a Digital Verification Service check.

What are the main types of Right to Work check?

There are three principal prescribed checking methods: a manual check using acceptable original documents, a digital identity check using a Digital Verification Service for qualifying British and Irish passport holders, and a Home Office online check using a share code for individuals whose immigration status is held digitally. The Employer Checking Service is used in specified cases where Home Office verification is required.

What is a Right to Work share code?

A share code is generated through the Home Office online service by an individual whose immigration status can be checked digitally. The employer uses the code together with the individual’s date of birth to view their Right to Work and any restrictions that apply.

Does an employer have to accept a share code?

Where an individual’s immigration status is held solely in digital form, the employer will usually need to carry out a Home Office online Right to Work check using a share code. Employers should not insist on a share code where the individual is entitled to rely on another prescribed form of evidence.

What is a Digital Verification Service?

A Digital Verification Service can be used to carry out the digital identity verification element of a Right to Work check for qualifying British and Irish citizens with a valid passport or, for Irish citizens, a valid passport card. The employer remains responsible for completing the overall Right to Work check correctly.

Can an expired British or Irish passport be used for a Right to Work check?

An expired British or Irish passport may still be acceptable for a manual Right to Work check where it meets the Home Office requirements. It cannot be used for a Digital Verification Service check, which requires a valid passport or passport card.

Can a manual Right to Work check be completed over video?

A live video link can be used to confirm that the person presenting for work is the holder of the document, but the employer must still have the original document in its physical possession when carrying out the manual check. A scan, photograph or document shown only over video is not sufficient.

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

A follow-up check will usually be required where the employer’s statutory excuse is time-limited and the employee remains employed when that excuse is due to expire. A compliant initial check for a person with pre-settled status under the EU Settlement Scheme does not require a repeat check solely because they hold pre-settled status.

What happens if an employee’s visa expires while an application is pending?

If the employee made a valid in-time application before their previous permission expired, section 3C of the Immigration Act 1971 may extend their existing immigration permission and its work conditions while the application remains pending. The employer may need to use the Employer Checking Service to confirm continuing permission.

Can an employee continue working while an Employer Checking Service check is pending?

For an existing employee, a limited 28-calendar-day extension of the employer’s statutory excuse may apply in certain follow-up situations where the employer is reasonably satisfied that a qualifying application, appeal or administrative review is outstanding. The provision does not apply to initial pre-employment checks.

What is a Positive Verification Notice?

A Positive Verification Notice is issued by the Home Office through the Employer Checking Service where it confirms that an individual has the Right to Work. It will generally provide the employer with a time-limited statutory excuse for six months.

Can a new employee start work while an Employer Checking Service request is pending?

Not normally. Where a prospective employee cannot establish their Right to Work through a prescribed manual, digital or online check and Home Office verification is required, the employer should wait until it receives a Positive Verification Notice before allowing the individual to start work.

What happens if an employee cannot prove their Right to Work?

An inability to provide evidence immediately does not necessarily mean that the employee has lost their Right to Work. The employer should establish the reason, give an existing employee a reasonable opportunity to provide evidence and use the Employer Checking Service where the circumstances can be verified by the Home Office.

What happens if an employee loses their Right to Work?

If it is established that the employee is no longer permitted to undertake the work, continuing to employ them can expose the employer to illegal working penalties. The employer should confirm the immigration position before taking action and follow an appropriate employment law process where termination becomes necessary.

What are the penalties for employing an illegal worker?

A civil penalty can be imposed of up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for a repeat breach within the scope of the current civil penalty regime. Criminal liability can also arise where the employer knows, or has reasonable cause to believe, that the individual is disqualified from employment by reason of their immigration status.

Can a Right to Work failure affect a sponsor licence?

Yes. Sponsor licence holders can face separate compliance action where required Right to Work checks or follow-up checks have not been completed. A statutory excuse under the civil penalty regime does not automatically establish compliance with the sponsor guidance.

Do asylum seekers have the Right to Work?

Asylum seekers are not normally permitted to work while their claim is pending. Permission may be granted where the claim has been outstanding for more than 12 months through no fault of the applicant, subject to occupational restrictions. For applications for permission to work made on or after 26 March 2026, work is generally restricted to occupations in Appendix Skilled Occupations at RQF level 6 or above.

Glossary

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