Section A: What is the Right to Work?
“Right to Work” in the UK is a legal term that refers to an individual’s permission to undertake employment within the country. This authorisation is determined by their immigration status or citizenship, ensuring that only those individuals who are legally permitted to work are employed, thereby maintaining the integrity of the labour market and preventing illegal employment.
The Right to Work is a fundamental aspect of UK immigration and employment law. Compliance with Right to Work regulations helps prevent illegal working, which can lead to undercut wages, poor working conditions, and exploitation. It also supports the broader goals of social cohesion and economic stability by ensuring that only those who are legally entitled to work in the UK do so.
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 in relation to breaches within scope of the current Code of Practice, that is, breaches identified on or after 13 February 2024, alongside other enforcement measures.
1. Workers’ Obligations
Workers of all nationalities will usually need to provide documentation so that their employer can prove they have the Right to Work in the UK. Workers are also responsible for ensuring that their immigration status remains valid and should tell their employer promptly about any changes that might affect their Right to Work.
2. Employers’ Obligations
Employers have a legal obligation to verify the Right to Work of all their employees before employment begins. This involves conducting prescribed Right to Work checks before the individual starts work, in line with Home Office guidance, to establish a statutory excuse against a civil penalty. Employers also need to keep records of these checks for the duration of the employment and for two years after it ends.
Where an employee’s permission to work is time-limited, employers usually need to carry out a follow-up check before that permission expires if they want to retain their statutory excuse. 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 these obligations can result in significant penalties, including civil fines and, in serious cases, criminal liability for knowingly employing illegal workers.
3. Home Office Obligations
The Home Office is responsible for monitoring and enforcing Right to Work regulations. Their responsibilities include:
a. Providing Guidance and Support: The Home Office issues detailed guidance to both workers and employers on how to comply with Right to Work regulations. This includes lists of acceptable documents and how to conduct checks.
b. Conducting Compliance Checks: Immigration Enforcement officers conduct inspections and audits of employers to ensure compliance with Right to Work regulations. These checks can be random or triggered by reports of non-compliance.
c. Issuing Penalties: When non-compliance is identified, the Home Office can issue civil penalties, including fines, and pursue criminal charges against employers who knowingly employ individuals without the Right to Work.
d. Employer Checking Service: The Home Office provides the Employer Checking Service to help employers verify the Right to Work status of employees who cannot provide the usual documentation, often because their application is pending with the Home Office.
DavidsonMorris Strategic Insight
Passing Right to Work checks off as an admin task exposes the organisation to real compliance risk. The Home Office uses these checks as evidence of how you run wider recruitment and HR controls and what that reveals about your internal culture. If your checks look rushed or inconsistent, caseworkers are likely to assume the rest of your compliance framework is the same.
The expectation on all UK employers is to have a Right to Work infrastructure with systems, processes and policies that are applied consistently and reviewed regularly for continued compliance.
Section B: Who has the Right to Work in the UK?
The Right to Work in the UK is determined by an individual’s citizenship, immigration status, or specific visa conditions. The Home Office provides comprehensive guidance on who is legally entitled to work in the UK. The following is an overview of the primary categories of individuals who have the Right to Work:
a. UK Citizens: UK citizens automatically have the Right to Work in the UK without any restrictions. This includes individuals born in the UK and those who have obtained British citizenship through naturalisation.
b. Irish Citizens: Irish citizens have the Right to Work in the UK without any restrictions, due to the Common Travel Area agreement between the UK and Ireland.
c. Individuals with Indefinite Leave to Remain (ILR): Individuals granted ILR can live and work in the UK indefinitely. ILR status is typically granted to those who have lived in the UK for a certain number of years and meet specific residency requirements.
d. Individuals with EU Settled Status or Pre-Settled Status: Following Brexit, EU, EEA and Swiss citizens who were resident in the UK by 31 December 2020 generally needed to apply for and be granted settled or pre-settled status under the EU Settlement Scheme to retain their Right to Work, unless they hold another form of permission. Under current Home Office policy, pre-settled status is automatically extended and expiry dates are no longer shown to employers when they carry out online checks. A compliant initial check is enough and employers are no longer required to carry out follow-up Right to Work checks on employees with pre-settled status.
e. Individuals with Limited Leave to Remain (with work permission): Certain visas grant individuals limited leave to remain in the UK with permission to work. These include various work visas, family visas, and student visas with specific work rights.
f. Visa Holders with Work Authorisation: Specific visa categories, such as the Skilled Worker visa and Global Talent visa, permit individuals to work in the UK. Some individuals may still hold legacy Tier 2 (General) permission, which continues to confer work rights until it expires or is replaced.
DavidsonMorris Strategic Insight
Legacy statuses, old endorsements, dual nationality and expiring digital status can all create risk if managers do not ask precise questions from the outset and test what sits behind the documents. And with frequent changes to the UK immigration rules and a wider mix of status types now in the workforce, the compliance exposure is higher than many employers actually realise.
EU workers, for example, are a particular source of risk if checks are not handled correctly. Assumptions about long residence or historic free movement cannot replace a lawful check for new employees.
Section C: Right to Work Checks
The Immigration, Asylum and Nationality Act 2006 sets out the framework for preventing illegal working and gives the Home Office power to impose civil penalties and prosecute employers who employ workers without permission. Sections 15 to 21 of the Act work alongside the Right to Work scheme and associated codes of practice, which explain how employers can obtain a statutory excuse against a civil penalty and highlight the need to apply checks in a fair and non-discriminatory way.
All new employees must be checked regardless of nationality, role or length of service and checks should be applied consistently to avoid discrimination.
Your HR processes and policies should be shaped around meeting the Home Office guidance of verifying each employee’s Right to Work by obtaining, checking and recording relevant acceptable types of documentation.
There are various ways in which an employer can conduct a Right to Work check to ensure that an employee is not disqualified from undertaking work in the UK, or from doing the work on offer, by reason of their immigration status. However, when it comes to different types of Right to Work checks, much will depend on the employee’s nationality and the nature of any immigration permission held by that person.
The different types of Right to Work checks are as follows:
a. Manual right to work check: using acceptable original documents from the Home Office’s Lists A or B.
b. Digital right to work check using a Digital Verification Service (DVS): for British and Irish citizens with a valid passport or Irish passport card.c. Home Office online right to work check: using a share code, for individuals with digital immigration status (for example eVisas, BRP/BRC, frontier worker permits, EUSS).
d. Employer Checking Service (ECS): where the worker cannot show documents or a digital record but may have an in-time application, appeal or other status that must be confirmed by the Home Office.
By conducting a Right to Work check in the correct way, this will provide an employer with a statutory excuse against any civil liability. This means that if an employer is found to be employing someone illegally, but they have conducted a prescribed Right to Work check as required under the rules, they can establish an excuse against any liability for a civil penalty.
Failing to conduct Right to Work checks in the correct manner can expose the employer to fines of up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches.
You can read our comprehensive guide to Right to Work Checks here >>
| Right to Work Check Type | Circumstances | Worker Category |
|---|---|---|
| Share Code Check | When a worker has a share code issued by the Home Office. | Non-British/Irish citizens whose immigration status is held in digital form (for example EU Settlement Scheme status, eVisas, BRPs/BRCs and frontier worker permits that are checked online). |
| Immigration Document Check | When a worker has physical immigration documents that still appear on the Home Office list of acceptable documents, such as a current passport showing an endorsement or an immigration status document. | Non-British/Irish citizens who hold acceptable physical documents for manual checks. Biometric residence permits and most other digital statuses require an online Right to Work check instead. |
| Employer Checking Service | When a worker cannot provide the necessary documents but has a pending Home Office application or appeal. | Non-British/Irish citizens with applications pending with the Home Office. |
| Windrush Scheme Check | When a Commonwealth citizen needs to prove their Right to Work under the Windrush Scheme. | Commonwealth citizens potentially eligible under the Windrush Scheme. |
| Digital Verification Service (DVS) (formerly known as an Identity Service Provider or IDSP) | When a British or Irish citizen has a passport or passport card and opts to use an IDSP. | British and Irish citizens with valid passports or passport cards. |
1. Digital Right to Work Checks
A digital right to work check using a Digital Verification Service (DVS) is a prescribed form of check that uses a certified digital identity provider. In current Home Office terminology, a DVS covers what was previously described as an Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT). In practice, the employer instructs a certified DVS to verify a worker’s identity using IDVT, delegating elements of the checking process to the DVS.
When conducting an IDVT check, the DVS is required to take all reasonable steps to check the validity of the document provided by the prospective employee and to verify that this person is the rightful holder of that document. Certain information also needs to be captured, including an image of the identity document’s biometric page, the employee’s personal details, their photo and the document’s expiry date. The DVS is expected to record the data in a clear and legible format that cannot be manually altered, together with the date on which the identity check was completed on the employer’s behalf.
As responsibility for the Right to Work check under the illegal working regime still sits with the employer, a copy of the IDVT check output from the DVS needs to be obtained, together with the document checked, so that the employer can be reasonably satisfied that their chosen provider has completed the check in the prescribed manner. The employer also needs to be satisfied that the biographic details and photo on the DVS report match the person presenting themselves for work. The employer should securely retain this data, either in electronic format or hard copy, for the duration of employment plus 2 years.
Importantly, DVS services can only be used to conduct digital identity checks for employees with a valid British or Irish passport, or an Irish passport card. British and Irish nationals are not in scope to obtain a share code using the online Right to Work check, so a digital identity check replaces what would otherwise be a manual passport check. If a prospective employee is relying on an expired passport to prove their Right to Work in the UK, a DVS check will not be valid. In these circumstances, the employer needs to carry out a manual check of the employee’s document in the prescribed manner instead.
2. Online Right to Work Checks Using Share Codes
An online Right to Work using a share code is a free Home Office service, referred to as the Right to Work Checking Service, that will enable a prospective employee to provide their new employer with an alphanumerical code to verify that they have the right to undertake work in the UK. To obtain a share code, the employee must visit the ‘Prove your Right to Work to an employer’ section of the GOV.UK online Right to Work Checking Service.
Having been given a valid share code, the employer can access and view the employee’s Right to Work record by inputting this code, along with the employee’s date of birth, using the employer’s section of the service at ‘View a job applicant’s right to work details’. The information is provided in real time, and will show the employer the type of work that an employee is permitted to do and for how long they can work, where there is a time limit.
Once the employer has access to the employee’s Right to Work record, the employer will need to check that the online photograph matches the individual in question. The employer must also securely retain an electronic or hard copy of the response from the online service for as long as that person is employed by them, plus an additional 2 years.
The online Right to Work check using a share code is now available to most migrant workers. This includes EEA and Swiss employees with valid immigration status under the EU Settlement Scheme (EUSS), as well as employees with either a biometric residence card (BRC) or biometric residence permit (BRP), or a frontier worker permit.
eVisas are now the main way many migrants prove their immigration status. All biometric residence permits have expired and are no longer acceptable as physical proof of the Right to Work. BRP holders, and most other migrants granted digital status, should create a UKVI account to access their eVisa and use the Home Office “view and prove” service to generate a share code for employers.
BRP holders should set up a UKVI account to access their eVisa. Anyone with a UKVI account can also use the Home Office’s “view and prove” service to share their immigration status with their employer.
However, a migrant worker does not have to provide an employer with a share code and should not be penalised if they fail to do so, provided a manual Right to Work check is possible. In some instances, where an employee’s immigration status is held solely in digital format, a manual check will no longer be possible.
3. Manual Right to Work Checks
An in-person manual document Right to Work check involves the prospective employee being asked by their employer to provide certain original documents from List A or B of acceptable documents found at GOV.UK. List A documents show a permanent right to undertake work in the UK, whilst List B documents show a time-limited Right to Work.
Having been provided with the document(s), and with the person present, the employer must be satisfied that the employee is the rightful holder, the employee’s right to undertake work in the UK has not expired, they are permitted to do the work on offer and the document(s) appear genuine. The employer must also make and retain clear copies in a format that cannot be altered manually. They must record the date of the check and safely store this evidence for 2 years after the employee has stopped working for them.
A manual document-based check can be used for any employee whose immigration status cannot be checked online using a share code, or where the prospective employee has failed to provide the employer with a share code and a manual check is available to them.
Read more about acceptable documents for a manual check here >
4. Employer Checking Service
The Employer Checking Service Right to Work check is where an employee has made an in-time application for further leave to stay in the UK, but a decision is yet to be made on their application. The employee’s Right to Work will continue pending any decision, or determination of any review or appeal, although the employer will not be able to conduct an online or manual Right to Work check. The employer will instead need to obtain a positive verification notice (PVN) using the Employer Checking Service (ECS).
To request a PVN from the ECS, the employer will need to submit details of their business, the employee’s personal details and job title, together with the case ID or Home Office reference number linked to the employee’s application. Provided that application was made prior to expiry of the employee’s previous grant of leave, the employer should be sent a PVN confirming that individual’s right to undertake work in the UK. As with all other types of Right to Work checks, the employer must retain a copy of this for their records.
In these circumstances, if you cannot complete a manual or online check that gives a statutory excuse, you should not allow the person to start work until you receive a Positive Verification Notice from the Employer Checking Service confirming their Right to Work.
DavidsonMorris Strategic Insight
Most employers are aware of the different types of Right to Work check but fall short on the detail. Caseworkers will look closely at timing, whether the check was done before work started and whether the date is clearly recorded. They will also scrutinise the quality of record keeping against the official guidance, not against your internal standards.
In practice, errors usually arise where checks are delegated to junior staff without proper training or where contractors and temps are onboarded with less rigour than employees. Regular training and targeted file audits are the most effective way to catch these risks early.
Section D: Common Right to Work Issues
Complying with UK Right to Work regulations presents numerous challenges for both employers and workers.
1. Inability to Provide Right to Work Documentation
When a worker cannot provide the necessary documentation to prove their Right to Work, it creates significant challenges. This situation may occur due to lost documents, pending Home Office applications, or complications related to immigration status. Employers should consider using the Home Office’s Employer Checking Service to verify the worker’s status. This service can provide a Positive Verification Notice, confirming the individual’s right to work while their application is processed. In some cases, employers may consider making any offer conditional on satisfactory right to work checks being completed within a specified timeframe. Legal advice can also be sought to ensure compliance with all relevant laws while resolving the documentation issue.
2. Worker’s Loss of Right to Work
Workers may lose their Right to Work in the UK if their visa expires without an in-time application, an application for an extension is finally refused, or their immigration status changes so that work is no longer permitted. Where permission has ended and there is no pending application, appeal or other evidence of a continuing Right to Work, employers need to stop employing the individual. If an in-time application or appeal is outstanding, employers should seek a Positive Verification Notice before allowing work to continue.
The worker should attempt to rectify their immigration status, such as reapplying for a visa or appealing a decision. Employers can support this process by providing necessary documentation or references. If the worker cannot regain their Right to Work, the employer may need to terminate their employment following proper legal procedures to avoid unfair dismissal claims.
3. Allegations of Compliance Breaches by the Home Office
Allegations from the Home Office regarding breaches of Right to Work regulations can result in severe penalties, including fines and potential criminal charges. Conducting an internal review of all employment records and Right to Work checks to identify any compliance issues is essential. Engaging legal counsel experienced in immigration law can assist with the investigation and represent the employer in dealings with the Home Office. Cooperation with the authorities by providing all requested documentation and information promptly is crucial. Implementing corrective measures to address any identified compliance issues, such as additional training for HR staff, updating policies and procedures, and conducting regular internal audits, is advisable.
4. Changing Immigration Rules
The frequent changes in the UK’s immigration rules and Right to Work regulations pose challenges for employers in staying up-to-date. Ensuring that HR departments are well-informed about current laws and any changes is vital. Subscribing to updates from the Home Office and other relevant authorities, participating in training sessions and seminars on immigration law, and consulting with immigration lawyers or specialists regularly can help maintain compliance.
5. Verification of Complex Cases
Some Right to Work cases, such as those involving refugees, asylum seekers, or individuals with unusual immigration statuses, can be more complex.
For example, asylum seekers with outstanding claims for over 12 months who were granted permission to work on or before 3 April 2024 are restricted to roles that were on the Shortage Occupation List in force at that time. For those granted permission on or after 4 April 2024, only roles on the Immigration Salary List are eligible. The Shortage Occupation List has since been withdrawn for new immigration applications, but archived versions remain available on GOV.UK for these legacy cases.
Another area of risk can relate to sponsored visa workers, as you will need to check their visa status. Specific rules also apply to sponsored visa workers with two jobs.
Our immigration compliance team are highly experienced in advising on complex circumstances and can offer practical guidance on how to handle such matters in full compliance with the regulations.
6. Data Protection and Privacy
Handling sensitive personal data, such as immigration documents, requires strict adherence to data protection laws. Employers must manage and store this information securely. Implementing robust data protection policies in line with GDPR and other relevant legislation, training staff on data protection best practices, and using secure systems for storing and accessing sensitive information are essential steps.
7. Unlawful Discrimination
Employers must verify employees’ Right to Work without discriminating based on nationality, race, or ethnicity. The Equality Act 2010 mandates that all job applicants must be treated fairly and consistently. Inconsistent application of Right to Work checks, such as only checking individuals who appear foreign, can lead to claims of discrimination. Employers must apply checks uniformly to all candidates and employees to mitigate this risk, ensuring equal treatment while maintaining compliance with immigration laws.
DavidsonMorris Strategic Insight
Right to Work problems rarely come from deliberate breaches. Caseworkers focus on everyday shortcuts and mistakes because these point to weak governance and poor compliance capability and give them grounds for enforcement action, especially if you hold a sponsor licence.
Section E: Illegal Working Allegations
Even where employers recognise their duties under the Right to Work legislation, and operate with policies and processes to comply, there are many practical issues that can give rise to a breach and result in enforcement action against the employer. For example, it can be challenging to achieve consistency in implementing Right to Work processes across an organisation with multiple sites and a large and changing workforce. The guidelines are also extensive and hard to interpret, and UKVI frequently change the legislation making it difficult to stay up to date with the latest requirements.
Allegations of illegal working from the Home Office can be a serious issue for UK employers, potentially leading to significant penalties including fines and criminal charges. If you receive notification of a Home Office penalty for illegal working, follow these steps.
Given the impact of enforcement action, speak to our compliance specialists for professional advice on your options to challenge or defend fines and allegations of compliance breaches.
1. Initial Response and Internal Review
When the Home Office alleges that illegal working has occurred, it is essential to take immediate action to understand the basis of the allegations. Conducting an internal review of all employment records and Right to Work checks can help identify any areas of non-compliance. This review should be thorough, ensuring that all documentation is in order and that right to work checks have been conducted correctly. An internal audit can reveal whether the issue is an isolated incident or part of a broader compliance problem.
2. Cooperation with the Home Office
Maintaining a cooperative stance with the Home Office is important. Providing all requested documentation and information promptly demonstrates a commitment to resolving the issue and complying with the law. Cooperation can also help in mitigating potential penalties. Ensuring that all communications are clear, accurate, and timely can facilitate a smoother resolution process.
3. Corrective Actions
Implementing corrective measures is a vital part of addressing the allegations and preventing future issues. This may involve updating right to work check procedures, providing additional training for HR staff, and revising internal policies to ensure they align with current regulations. Conducting regular internal audits of right to work checks can help identify and address potential compliance issues before they escalate.
4. Managing Penalties and Legal Proceedings
If the Home Office decides to impose penalties or pursue legal action, understanding the options available is important. Negotiating settlements or appealing decisions through appropriate legal channels can be part of the strategy to manage the impact on the business. Legal counsel can assist in exploring these options and determining the best course of action.
5. Communication with Stakeholders
Keeping stakeholders informed about the situation and the steps being taken to address it can help maintain trust and confidence. Transparent communication with employees, shareholders, and business partners can mitigate reputational damage and demonstrate a proactive approach to compliance.
6. Long-Term Compliance Strategy
Developing a robust long-term compliance strategy can help prevent future allegations of illegal working. This involves staying informed about changes in immigration law, regularly updating compliance policies, and ensuring ongoing training for relevant staff. A proactive approach to compliance not only protects the business from legal issues but also promotes a fair and lawful working environment.
Read more about our Immigration Compliance Services for Employers here >>
DavidsonMorris Strategic Insight
UKVI uses civil penalty investigations to look for systemic risk and to decide whether enforcement should go beyond a fine, including sponsor licence downgrades or even revocation. To give your organisation a realistic chance of improving the outcome, take early professional advice so that your response is evidence-led, strategically sound and submitted within the stated timeframes.
Section F: Summary
UK Right to Work regulations are complex, and can present challenges for both workers and employers. Compounding the complexity of the regime is that the rules are subject to frequent changes, making compliance a continual risk. With penalties for non-compliance becoming increasingly severe, including substantial fines and potential criminal charges, it is essential to stay informed and ensure continued compliance. Professional advice is highly recommended to ensure that all Right to Work checks are conducted correctly and that both workers and employers are fully compliant with the latest regulations.
Section G: 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.
Section H: Right to Work FAQs
What is the right to work in the UK?
The right to work in the UK refers to an individual’s legal authorisation to undertake employment within the country. This authorisation is based on citizenship, immigration status, or specific visa conditions.
Who needs to prove their right to work in the UK?
All individuals seeking employment in the UK must prove their right to work. This includes British and Irish citizens, EU/EEA/Swiss citizens, and non-EU nationals.
What are right to work checks?
Right to work checks are online or manual employee checks conducted by an employer to help prevent illegal working, ensuring that anyone they employ has the right to undertake work in the UK and to do the work on offer.
Are right to work checks a legal requirement?
All UK employers are required to conduct prescribed right to work checks on any new employee before they start working for them, in this way helping to prevent those without lawful immigration status from undertaking work illegally in the UK.
What are the three steps of a right to work document check?
The three steps to carrying out manual right to work document checks are asking the employee to provide original documents from List A or B of acceptable documents, checking these are valid with the employee present, and making and retaining copies.
How long do right to work checks take?
There are different types of right to work checks, involving different steps, where some will take longer. For example, an online check using a share code will take a matter of minutes, whilst a manual document check can take longer.
What documents can British and Irish citizens use to prove their right to work?
British citizens can use a valid or expired British passport, or a UK birth or adoption certificate accompanied by an official letter showing their National Insurance number. Irish citizens can use a valid or expired Irish passport or passport card, or an Irish birth or adoption certificate with an official letter showing their National Insurance number.
What is a share code and when is it used?
A share code is generated through a UKVI account by individuals whose immigration status is held in digital form, for example those with EU settled or pre-settled status under the EU Settlement Scheme, eVisas, or biometric residence permits and cards that are checked online.
Can an employer reject an eligible immigration document in favour of a share code?
No, an employer cannot reject an application because the worker provided an eligible immigration document instead of a share code. Employers must accept any valid proof of the right to work that complies with the regulations.
What should an employer do if a worker has a pending Home Office application?
Employers should use the Employer Checking Service to obtain a Positive Verification Notice. This confirms the worker’s right to work while their application is being processed by the Home Office.
How can Commonwealth citizens prove their right to work?
Commonwealth citizens who do not have the usual documentation may be able to obtain proof through the Windrush Scheme. This scheme helps resolve immigration status issues for long-term residents of the UK.
What is an Online Identity Service Provider (IDSP) and how is it used?
An IDSP is a service that verifies an individual’s identity and Right to Work online. British and Irish citizens with valid passports or passport cards can use an IDSP, provided their employer offers this service. Expired passports can still be used for manual checks, but not for digital verification.
What happens if an individual cannot prove their right to work?
If an individual cannot prove their right to work, their employer can check their status using the Employer Checking Service. This service verifies if the individual has the right to work while awaiting a decision on their Home Office application.
What are the consequences of hiring someone without the right to work?
Employers who hire individuals without the right to work can face severe penalties, including fines per illegal worker and potential criminal charges. It is essential to conduct proper right to work checks to avoid these penalties.
Section I: Glossary
| Term | Definition |
|---|---|
| Right to Work | The legal authorisation for an individual to undertake employment in the UK, determined by their citizenship, immigration status, or specific visa conditions. |
| UK Citizen | An individual who holds British citizenship, either by birth or through naturalisation, and has the automatic right to work in the UK. |
| Irish Citizen | An individual who holds Irish citizenship and has the right to work in the UK due to the Common Travel Area agreement between the UK and Ireland. |
| Indefinite Leave to Remain (ILR) | A status granted to individuals allowing them to live and work in the UK indefinitely, usually after meeting certain residency and legal requirements. |
| Limited Leave to Remain | Temporary permission to stay in the UK for a specific period, which may come with work permissions depending on the visa type. |
| EU Settlement Scheme | A scheme allowing EU, EEA, and Swiss citizens resident in the UK by 31 December 2020 to apply for settled or pre-settled status to retain their right to work. |
| Share Code | A code issued by the Home Office to prove an individual’s right to work in the UK, often used in online verification processes. |
| Biometric Residence Permit (BRP) | A plastic card that was issued to many non-UK nationals, containing biometric information and confirming the holder’s immigration status and Right to Work in the UK. All BRPs have now expired and have been replaced by eVisas. Expired BRP cards are no longer acceptable as physical proof of the Right to Work, so holders need to use the online “view and prove” service instead. |
| Visa Vignette | A physical endorsement in a passport that shows an individual’s visa status and right to work in the UK. |
| Employer Checking Service | A service provided by the Home Office that allows employers to verify an individual’s right to work when they cannot provide the usual documentation. |
| Positive Verification Notice | A notice from the Home Office confirming that an individual has the right to work while their immigration application is being processed. |
| Windrush Scheme | A scheme to help Commonwealth citizens who settled in the UK before 1971 to obtain documentation proving their right to live and work in the UK. |
| Online Identity Service Provider (IDSP) | A service that verifies an individual’s identity and right to work online, often used by British and Irish citizens with passports or passport cards. |
| Home Office | The UK government department responsible for immigration, security, and law and order, including the management of right to work regulations. |
| Common Travel Area | An open borders area comprising the UK, Ireland, the Isle of Man, and the Channel Islands, allowing free movement of people between these territories. |
Section J: Additional Resources
| Resource | Summary |
|---|---|
| UK Government – Right to Work Checks: An Employer’s Guide | Official Home Office guidance for employers on how to carry out Right to Work checks, including lists of acceptable documents and step-by-step procedures. |
| Home Office – Employer Checking Service | Service for employers to verify a worker’s Right to Work where they cannot provide usual documents, including requests for Positive Verification Notices. |
| UK Visas and Immigration (UKVI) | Main government portal for UK immigration rules, policy and operational guidance, including routes that confer permission to work. |
| EU Settlement Scheme | Guidance for EU, EEA and Swiss citizens and their family members on settled and pre-settled status and the impact on their Right to Work. |
| ACAS | Independent advice on employment rights and good practice, including how Right to Work compliance interacts with wider HR and equality duties. |
| Windrush Scheme | Information for eligible Commonwealth citizens and others on securing documentation to confirm their right to live and work in the UK. |
| UK Government – Points-Based Immigration System | Overview of the UK’s points-based immigration framework, including work routes that provide permission to work and sponsor licence requirements. |
