Check Employees’ Right to Work UK Guide 2026

Checking employees’ right to work is a core legal obligation for all UK employers. It forms part of the Home Office framework to prevent illegal working and requires employers to verify that every individual they hire is authorised to carry out the work in question before employment begins. The obligation arises under the illegal working regime and is enforced by the Home Office through UK Visas and Immigration (UKVI).

Failure to comply with these requirements can expose employers to significant civil penalties, potential criminal liability and serious reputational damage. For employers operating in regulated sectors or employing sponsored workers, right to work compliance also forms part of wider UK immigration compliance.

At the same time, the rules must be applied carefully and consistently. Employers must not make assumptions about a person’s right to work based on nationality, ethnicity, accent, name, appearance or any other protected characteristic. A compliant process should protect the organisation from illegal working risk while also supporting fair recruitment and employment practices.

What this article is about

This article provides a comprehensive, employer-focused guide to how to check employees’ right to work in the UK. It explains the different methods of checking, who must be checked, when follow-up checks are required and what employers must do if an employee cannot prove their ongoing right to work.

The guide also covers the legal framework underpinning these duties, including statutory excuse, record keeping, the Employer Checking Service, Positive Verification Notices, enforcement penalties and the risks for sponsor licence holders. It is intended to help employers understand not only how to conduct a compliant right to work check, but how to build right to work compliance into the wider employee lifecycle.

Section A: How to Check an Employee’s Right to Work

Employers must carry out a prescribed right to work check before employment begins. The process is not discretionary; it must follow one of the methods set out in Home Office guidance. If carried out correctly, the check provides the employer with a statutory excuse against civil penalties if the individual is later found to be working illegally.

The employer must also check that the individual is permitted to carry out the specific work being offered. It is not enough to confirm that the person has some form of immigration permission. The check must confirm that they can do the role in question, including any restrictions on occupation, working hours, type of work or sponsorship conditions.

1. The three types of right to work check

There are three lawful ways to check an employee’s right to work in the UK. The correct method depends on the individual’s nationality and immigration status.

Home Office online right to work check

This applies to most non-British and non-Irish nationals who hold digital immigration status. The employee provides a share code, which the employer uses to access their status through the Home Office online service.

This is now the primary method for verifying immigration status, particularly following the move toward eVisas and digital immigration records. Physical Biometric Residence Permits, Biometric Residence Cards and Frontier Worker Permits cannot be accepted as evidence of the right to work. Individuals holding these documents must prove their status using the Home Office online service.

Employers should ensure that the online profile confirms the individual’s identity, work permission and any restrictions. Where a migrant worker is sponsored, the check should also sit alongside wider sponsor compliance processes, including duties linked to the sponsor licence.

Manual document check

Manual checks apply where an individual can provide acceptable physical documents from the Home Office’s prescribed document lists. These documents are divided into List A and List B.

List A documents show a continuous right to work in the UK. Where a compliant List A check is carried out before employment begins, the employer will not usually need to conduct any follow-up checks during that person’s employment.

List B documents show a time-limited right to work. Where an employee relies on List B evidence, the employer must carry out a follow-up check on or before the expiry of the employee’s permission to maintain the statutory excuse.

Digital Identity Verification using an IDSP

For British and Irish citizens who hold a valid passport or Irish passport card, employers may use a certified Identity Service Provider to carry out a digital identity check. This is often referred to as an IDSP check.

Using an IDSP does not remove the employer’s responsibility. The employer must still be satisfied that the check has been completed correctly and that the person presenting for work is the same person verified through the process.

2. Step-by-step right to work check process

Regardless of the method used, the employer must follow a structured process to establish a statutory excuse. The process should be applied consistently and completed before employment begins.

• Obtain the required evidence, whether this is a share code, acceptable document or digital identity verification result.
• Verify identity by checking that the individual presenting for work is the rightful holder of the evidence provided.
• Check work permissions, including any restrictions on role, hours, occupation, employment type or sponsorship conditions.
• Copy and retain evidence securely in the required format.

Where an online check is used, the employer must retain evidence of the online right to work check result. For manual checks, copies of documents must be clear, complete and dated. For IDSP checks, the employer must retain the output of the identity verification process and complete any required employer-side checks.

A statutory excuse cannot be established retrospectively. A check carried out after employment has started will not protect the employer if the individual is later found to be working illegally.

3. When the check must be carried out

A right to work check must be completed before the individual starts work. Employers should build this into recruitment onboarding so that no employee begins work until their right to work has been confirmed.

Employers cannot rely on a late check to establish a statutory excuse. If a check is not completed in time, the employer may already be exposed to liability, even where the individual does in fact have permission to work.

The safest approach is to complete checks at the same stage of recruitment for all prospective employees. This supports compliance with immigration law and helps reduce the risk of discrimination claims.

4. Right to work checks and sponsored workers

Where an employer sponsors migrant workers, right to work checks should not be treated as separate from sponsor licence compliance. The employer must ensure that sponsored workers are undertaking the role for which they are sponsored and that the role remains consistent with the conditions of sponsorship.

This is particularly important for workers sponsored under the Skilled Worker visa route. Employers should ensure that right to work records, Certificate of Sponsorship details, job role information and HR records are aligned. Inconsistencies can create risk during a Home Office audit.

Employers should also monitor changes in working arrangements, job duties, salary, work location and employment status, as these may trigger sponsor reporting duties. Right to work compliance should therefore sit within a wider immigration compliance framework rather than operating as a standalone onboarding task.

Section A Summary

Employers must carry out a prescribed right to work check before employment begins using one of three recognised methods: the Home Office online service, a manual document check or a digital identity verification check through an IDSP. The check must confirm not only that the individual has permission to work, but that they can carry out the specific role being offered. Timing is critical, as checks carried out after employment starts will not establish a statutory excuse.

Section B: Who Requires a Right to Work Check

Employers must understand that the duty to check right to work applies broadly across the workforce. Misunderstanding who must be checked is a common compliance failure and can expose organisations to significant legal risk.

The starting point is that all employees must be checked before employment begins. The obligation applies regardless of nationality, seniority, role or contract type. The purpose is to ensure that every individual engaged to carry out work in the UK is legally permitted to do so.

1. All employees, including British and Irish citizens

Right to work checks must be carried out on all employees, including British and Irish citizens. Employers must not assume that an individual has the right to work based on their appearance, accent, name or perceived nationality.

British citizens can prove their right to work using a current or expired British passport, or a UK birth or adoption certificate together with an official document showing their permanent National Insurance number and name.

Irish citizens can prove their right to work using a current or expired Irish passport or passport card, or an Irish birth or adoption certificate supported by official evidence of their National Insurance number.

Employers may also choose to use a digital identity verification provider for British and Irish citizens where appropriate. However, checks must be applied consistently to all new hires to comply with UK employment law obligations and to avoid discrimination.

2. Migrant workers and visa holders

Non-British and non-Irish nationals will typically prove their right to work using the Home Office online service. This involves providing a share code, which allows the employer to access their digital immigration status.

This includes individuals with permission under routes such as the Skilled Worker visa, the Global Talent visa and other work or temporary visa categories.

Employers must ensure that the individual is permitted to carry out the specific role being offered. This includes checking for restrictions on job type, hours of work, secondary employment and sponsorship conditions. Failure to identify and comply with these restrictions may result in illegal working, even where the individual has valid immigration permission.

3. Students and restricted workers

Individuals with permission under the Student route, including those granted leave under the legacy Tier 4 system, are subject to restrictions on working hours and the type of work they can undertake.

Employers must verify:

• Whether the individual is permitted to work at all
• The maximum number of hours they can work during term time
• Their term-time and vacation periods

Employers should retain evidence of term dates and ensure that working hours are monitored in line with visa conditions. Breaching these conditions can result in illegal working, even where the initial right to work check was correctly carried out.

Further guidance on student permissions can be read in the context of the Student visa UK route.

4. Contractors, agency workers and self-employed individuals

The statutory right to work regime applies primarily to individuals employed under a contract of employment, service or apprenticeship. For genuinely self-employed contractors, there is no strict requirement to establish a statutory excuse in the same way as for employees.

However, employers should exercise caution. Risks may still arise in relation to illegal working, particularly where the individual’s employment status is unclear or where the arrangement resembles employment in practice.

Where workers are supplied through an agency, responsibility for carrying out right to work checks will depend on the contractual arrangements between the parties. Employers should ensure that responsibilities are clearly defined and documented.

In practice, many organisations choose to carry out checks across all working arrangements as a matter of risk management and due diligence. This is particularly important where the business holds a sponsor licence or operates in a regulated sector.

Legislation has been introduced to extend illegal working compliance to wider labour arrangements, including worker contracts and online matching services. However, employers should not treat these obligations as fully in force until commencement regulations and updated Home Office guidance are issued.

5. EEA and Swiss nationals

Following the end of free movement, EEA and Swiss nationals must now prove their right to work through immigration status rather than nationality alone.

This typically includes status under the EU Settlement Scheme or permission under a visa route.

Individuals with settled status have a continuous right to work in the UK. Individuals with pre-settled status also have the right to work, although this status is time-limited.

Although pre-settled status is time-limited, current Home Office guidance confirms that repeat right to work checks are not required after a compliant initial check has been completed, provided the employer is not aware, and has no reasonable cause to believe, that the individual no longer has the right to work.

There is no requirement to conduct retrospective checks on EEA or Swiss nationals who were employed on or before 30 June 2021, provided the original right to work check was carried out in accordance with the guidance in force at that time.

Section B Summary

Right to work checks must be carried out on all employees before employment begins, including British and Irish nationals. Additional care is required for migrant workers, students and those with restricted permissions. While the position for contractors and non-traditional working arrangements can be complex, employers should adopt a cautious and consistent approach. EEA and Swiss nationals must now evidence immigration status, but those with settled or pre-settled status do not require follow-up checks once a compliant initial check has been completed.

Section C: Follow-Up Right to Work Checks

Once an initial right to work check has been completed, the employer’s obligations may continue. Where an employee has time-limited permission to work in the UK, follow-up checks are required to maintain a statutory excuse against civil penalties.

Failure to carry out a follow-up check at the correct time will invalidate the statutory excuse, even if the original check was completed correctly. Employers must therefore treat right to work compliance as an ongoing obligation rather than a one-off onboarding task.

1. When follow-up checks are required

Follow-up checks are required where an employee has time-limited permission to work in the UK. This will usually be identified at the point of the initial check.

This includes individuals who:

• Hold a visa with an expiry date
• Provide List B documents during a manual check
• Have limited leave to remain under any immigration route

The key rule is that the follow-up check must be carried out on or before the date the employee’s permission expires. Employers should not leave checks until the last day, as this creates risk if issues arise.

Best practice is to complete the check in advance of expiry, allowing sufficient time to address any complications, including where an application is pending or further evidence is required.

2. Who does not require follow-up checks

Follow-up checks are not required where the employee has a continuous right to work in the UK. This applies where a compliant initial check has been carried out using acceptable evidence.

This includes individuals who:

• Are British or Irish citizens
• Have indefinite leave to remain
• Have settled status under the EU Settlement Scheme
• Have pre-settled status under the EU Settlement Scheme
• Have provided List A documents

Although pre-settled status is time-limited, current Home Office guidance confirms that repeat checks are not required after a compliant initial check, provided the employer is not aware, and has no reasonable cause to believe, that the individual no longer has the right to work.

Once a valid check has been completed for these individuals, the statutory excuse continues for the duration of employment.

3. Managing visa expiry dates and compliance systems

Employers must actively monitor visa expiry dates for employees with time-limited permission. A failure to track these dates is one of the most common causes of non-compliance.

Effective systems should include:

• A central record of employees with time-limited permission
• Accurate recording of visa expiry dates
• Automated reminders ahead of expiry
• Internal audits of right to work records

Where an organisation employs sponsored workers, these processes should align with wider compliance duties linked to its sponsor licence. This includes ensuring that right to work checks, sponsorship records and HR systems are consistent and up to date.

4. Repeat checks where permission is extended

If an employee successfully extends their immigration permission, the employer must carry out a new right to work check based on the updated status.

This will usually involve:

• A new online check using an updated share code
• Reviewing any updated conditions or restrictions

The employer must ensure that the individual continues to be permitted to carry out the specific role being offered. Where the new permission is time-limited, further follow-up checks will be required before the next expiry date.

Employers may wish to review related guidance on UK visa extensions to understand how extension processes can affect right to work compliance timelines.

5. Multiple follow-up checks over time

Some employees may remain in the UK on successive periods of limited leave over several years. In these cases, multiple follow-up checks will be required throughout their employment.

Each check must be carried out correctly to maintain the statutory excuse. A failure at any stage may expose the employer to liability for the entire period of illegal working.

Employers should therefore ensure that right to work checks are embedded into ongoing HR processes and treated as a continuous compliance requirement.

Section C Summary

Follow-up right to work checks are required for employees with time-limited permission and must be completed on or before the expiry date of that permission. Individuals with a continuous right to work do not require repeat checks. Employers must actively track visa expiry dates and ensure that checks are carried out correctly at each stage to maintain their statutory excuse.

Section D: What Happens If an Employee Cannot Prove Their Right to Work

Situations where an employee cannot immediately demonstrate their right to work present a high compliance risk. Employers must follow the correct Home Office procedures to avoid liability, while also ensuring that any action taken is fair and lawful under employment law.

The appropriate response will depend on whether the individual has an ongoing lawful right to work that cannot yet be evidenced, or whether they no longer have permission to work in the UK.

1. Pending applications and continuing right to work

An employee may have submitted an in-time application to extend or vary their leave before their previous permission expired. In these circumstances, their existing immigration conditions may continue under section 3C of the Immigration Act 1971.

This can include the right to continue working under the same conditions as previously granted. In some cases, the employee may be able to demonstrate their continuing right to work using the Home Office online service. Where this is not possible, the employer should use the Employer Checking Service.

Employers must not assume that the right to work has been lost simply because the individual cannot immediately provide evidence. Instead, they must follow the prescribed verification process.

2. Using the Employer Checking Service (ECS)

Where an employee cannot demonstrate their right to work using acceptable documents or the online service, the employer should use the Employer Checking Service.

The ECS can confirm whether the individual has a lawful right to work in circumstances such as:

• A pending visa application
• An outstanding appeal or administrative review
• Immigration status not accessible via the online service

The employer will receive either a Positive Verification Notice or a Negative Verification Notice. The ECS request should generally be submitted at least 14 days after the application, appeal or administrative review was made, to allow Home Office systems to update.

Where appropriate, employers should ensure ECS use aligns with wider compliance processes and guidance on the Employer Checking Service.

3. Positive Verification Notice (PVN)

A Positive Verification Notice confirms that the individual has a temporary right to work in the UK.

Where a PVN is issued:

• The employer establishes a statutory excuse for six months from the date specified in the notice
• The employee may continue working during this period
• A further check must be carried out before the PVN expires

This allows employers to maintain compliance while the individual’s immigration status is being resolved.

4. Negative Verification Notice (NVN)

A Negative Verification Notice confirms that the Home Office cannot verify a right to work.

In this situation:

• The employer does not have a statutory excuse
• Continuing to employ the individual may expose the employer to enforcement action

Employers must act promptly and carefully to assess whether continued employment is lawful.

5. When employment must be suspended or terminated

If an employee cannot demonstrate a right to work and no Positive Verification Notice is issued, the employer will need to take steps to avoid illegal working.

This may include:

• Temporarily suspending the employee while further checks are made
• Following a fair process to terminate employment where the right to work has been lost

Employers must ensure that any action taken complies with employment law obligations, including fairness, due process and non-discrimination. Immediate dismissal without proper process may expose the employer to claims.

Employers should ensure that employment documentation, including employment contracts, supports appropriate action in cases where the right to work is lost.

6. Risk of illegal working offences

If an employer continues to employ an individual where they know, or have reasonable cause to believe, that the individual does not have the right to carry out the work in question, this may amount to a criminal offence.

Penalties include:

• An unlimited fine
• Up to five years’ imprisonment

In addition to criminal liability, employers may face civil penalties, reputational damage and consequences for their ability to sponsor migrant workers. Further guidance on enforcement risks can be found in relation to illegal working penalties.

Section D Summary

Where an employee cannot prove their right to work, employers must follow the correct Home Office procedures, including using the Employer Checking Service where appropriate. A Positive Verification Notice can provide a temporary statutory excuse, while a Negative Verification Notice signals significant risk. Employers must act carefully to avoid illegal working while ensuring that any employment action is fair and lawful.

Section E: Legal Requirements and Employer Liability

Right to work checks are governed by a strict statutory framework designed to prevent illegal working in the UK. Employers must not only carry out checks correctly, but also understand the legal consequences of non-compliance. Central to this framework is the concept of the statutory excuse.

The obligation to prevent illegal working arises under the Immigration, Asylum and Nationality Act 2006, supported by detailed Home Office guidance and codes of practice. Employers must ensure that their processes align with these requirements to protect their organisation from enforcement action.

1. Statutory excuse explained

A statutory excuse provides employers with a defence against civil penalties where they are found to have employed an individual who does not have the right to work.

To establish a statutory excuse, the employer must:

• Carry out a prescribed right to work check before employment begins
• Use the correct method (online, manual or IDSP where permitted)
• Retain evidence of the check in the required format
• Carry out follow-up checks where the individual has time-limited permission

If these steps are followed correctly, the employer will have protection against a civil penalty, even if the individual is later found to be working illegally.

However, a statutory excuse will not apply where the employer knows, or has reasonable cause to believe, that the individual does not have the right to carry out the work. This knowledge override rule applies regardless of whether a compliant check was completed.

2. Civil penalties for illegal working

Where an employer is found to be employing a person without the right to work and cannot establish a statutory excuse, the Home Office may issue a civil penalty.

Civil penalties are imposed per illegal worker and are calculated in accordance with the Home Office penalty scheme.

Current penalty levels are:

• Up to £45,000 per illegal worker for a first breach
• Up to £60,000 per illegal worker for a repeat breach within three years

The final penalty may be reduced depending on mitigating factors, such as cooperation with the Home Office, previous compliance history and the strength of right to work processes.

Further detail on enforcement can be found in relation to illegal working penalties.

3. Criminal liability

In more serious cases, employers may face criminal prosecution.

An offence arises where an employer knows, or has reasonable cause to believe, that an individual does not have the right to carry out the work in question.

Penalties include:

• An unlimited fine
• Up to five years’ imprisonment

Criminal liability typically arises where there is evidence of deliberate non-compliance or reckless disregard for immigration requirements.

4. Impact on sponsor licence holders

For employers who hold a sponsor licence, right to work compliance is closely linked to wider immigration compliance duties.

Breaches in this area can result in:

• Sponsor licence suspension
• Sponsor licence revocation
• Restrictions on sponsoring new workers
• Curtailment of existing sponsored workers’ visas

The Home Office may identify compliance issues during audits, inspections or investigations. Employers should ensure that right to work processes are fully aligned with sponsor duties and reporting obligations.

Further guidance can be found in relation to the sponsor licence framework.

5. Record-keeping requirements

Employers must retain evidence of right to work checks in the prescribed format to maintain a statutory excuse.

This includes:

• Copies of documents or online check results
• A record of the date the check was carried out

Records must be retained for the duration of employment and for two years after employment ends. Failure to retain evidence will prevent the employer from relying on a statutory excuse, even if the check was originally carried out correctly.

After the retention period, records should be securely destroyed in line with data protection requirements.

Section E Summary

Employers must carry out right to work checks in line with statutory requirements to establish a valid statutory excuse. Failure to do so can result in significant civil penalties and, in serious cases, criminal liability. For sponsor licence holders, non-compliance can also jeopardise the ability to employ migrant workers. Robust processes, consistent application and proper record-keeping are essential to managing legal risk.

Section F: Avoiding Discrimination in Right to Work Checks

While employers are under a legal duty to prevent illegal working, they must carry out right to work checks in a way that complies with UK equality law. Poorly applied checks can expose employers to claims of unlawful discrimination, even where the intention is to comply with immigration requirements.

The Home Office Code of Practice on avoiding unlawful discrimination provides guidance on how checks should be conducted fairly and consistently alongside immigration compliance obligations.

1. Applying checks consistently

Right to work checks must be applied consistently to all prospective employees, regardless of their nationality or background.

Employers should:

• Carry out checks on every new hire
• Apply checks at the same stage of the recruitment process
• Avoid treating individuals differently based on perceived characteristics

Applying checks selectively, even unintentionally, can result in unlawful discrimination.

2. Avoiding assumptions about nationality or status

Employers must not make assumptions about a person’s right to work based on personal characteristics.

This includes assumptions based on:

• Colour or ethnicity
• Nationality or accent
• Name or appearance

For example, asking only certain candidates to provide evidence of their right to work, or requesting additional documents from individuals perceived to be non-British, may amount to direct discrimination.

The correct approach is to require all candidates to provide evidence of their right to work using the same process.

3. Handling documents and evidence fairly

Employers must assess documents objectively and in line with Home Office guidance.

They must not:

• Reject valid documents because they are unfamiliar
• Insist on specific documents where alternatives are permitted
• Apply higher levels of scrutiny to certain individuals

Where there is uncertainty, employers should seek clarification rather than refusing employment outright. Consistency in approach is key to avoiding discrimination risk.

4. Ongoing employment and equal treatment

Once an employee has established their right to work, they must not be treated less favourably during the course of their employment.

This includes:

• Avoiding unnecessary repeat checks for certain groups
• Ensuring equal access to opportunities and progression
• Applying workplace policies consistently

Employers must balance immigration compliance with equality obligations throughout the employment lifecycle.

5. Consequences of discrimination

Failure to follow fair and consistent processes can result in claims before the Employment Tribunal.

Consequences may include:

• Compensation awards
• Reputational damage
• Operational disruption

Discrimination claims can arise even where the employer has correctly identified an immigration issue, if the process followed was inconsistent or unfair.

Section F Summary

Employers must carry out right to work checks in a consistent and non-discriminatory manner. Checks should be applied to all employees at the same stage of recruitment, without assumptions based on personal characteristics. A fair and structured process will support both immigration compliance and equality law obligations.

Section G: Common Employer Mistakes

Even where employers understand the requirement to check right to work, practical mistakes in applying the rules are common. These errors are often caused by outdated processes, misunderstanding of Home Office guidance or failure to treat right to work compliance as an ongoing obligation.

Identifying and addressing these risks is essential to maintaining a statutory excuse and avoiding enforcement action.

1. Carrying out checks too late

One of the most common mistakes is completing a right to work check after employment has already started.

A check carried out late will not establish a statutory excuse, even if the individual has the right to work. Employers must ensure that checks are completed before the first day of employment without exception.

2. Relying on incorrect or outdated documents

Employers sometimes accept documents that are no longer valid for right to work purposes.

Common errors include:

• Accepting physical Biometric Residence Permits or Biometric Residence Cards as standalone evidence
• Relying on documents outside the prescribed Home Office lists
• Failing to recognise that many individuals must now prove their status digitally

Employers must ensure that they follow current Home Office guidance and use the correct method of verification.

3. Failing to carry out follow-up checks

Where an employee has time-limited permission, employers must carry out follow-up checks on or before the expiry date.

Common failures include:

• Not tracking visa expiry dates
• Assuming the employee will notify the employer of changes
• Missing deadlines due to weak internal systems

Failure to complete a required follow-up check will invalidate the statutory excuse.

4. Misunderstanding EUSS requirements

A frequent area of confusion relates to employees with pre-settled status under the EU Settlement Scheme.

Some employers incorrectly:

• Carry out unnecessary repeat checks
• Treat pre-settled status as requiring ongoing monitoring

Current Home Office guidance confirms that repeat checks are not required once a compliant initial check has been completed, provided the employer is not aware, and has no reasonable cause to believe, that the individual no longer has the right to work.

5. Incorrect use of the Employer Checking Service

Employers may misuse the Employer Checking Service by:

• Submitting requests too early
• Using ECS where the online service should be used instead
• Failing to act on the outcome of a Positive or Negative Verification Notice

The ECS should only be used in specific circumstances, such as where an employee has a pending application and cannot demonstrate their right to work using standard methods.

6. Inconsistent or discriminatory practices

Applying checks selectively is a serious compliance risk.

Examples include:

• Only checking non-UK nationals
• Requesting additional documents from certain individuals
• Applying different standards based on assumptions

All employees must be treated consistently, and checks must be applied uniformly to avoid discrimination claims.

7. Poor record-keeping

Employers often fail to retain the correct evidence of checks.

Common issues include:

• Missing copies of documents or online check results
• Not recording the date the check was carried out
• Failing to retain records after employment ends

Without proper records, an employer cannot rely on a statutory excuse, even if the check was originally completed correctly.

Section G Summary

Right to work compliance failures are often caused by practical errors rather than deliberate breaches. Late checks, reliance on outdated documents, failure to conduct follow-up checks and inconsistent processes are among the most common risks. Employers must implement robust systems and keep up to date with Home Office guidance to maintain compliance.

Check Employees’ Right to Work FAQs

What is a right to work check?

A right to work check is a legal process that UK employers must carry out to confirm that an individual is permitted to work in the UK and to perform the role in question. When completed correctly, it establishes a statutory excuse against civil penalties.

Do I need to check the right to work of UK citizens?

Yes. Employers must carry out right to work checks on all employees, including British and Irish citizens. Checks must be applied consistently to avoid discrimination.

When should a right to work check be completed?

A check must be completed before the employee starts work. Checks carried out after employment begins will not establish a statutory excuse.

When are follow-up right to work checks required?

Follow-up checks are required where an employee has time-limited permission to work in the UK. These checks must be carried out on or before the expiry date of that permission.

Do employees with pre-settled status need follow-up checks?

No. Employees with pre-settled status under the EU Settlement Scheme do not require follow-up checks, provided the initial check was carried out correctly and the employer is not aware, and has no reasonable cause to believe, that the individual no longer has the right to work.

What if an employee is waiting for a visa decision?

If an employee has made an in-time application, they may have a continuing right to work under section 3C leave. Employers should verify this using the Employer Checking Service where it cannot be confirmed using the Home Office online service.

What is a Positive Verification Notice (PVN)?

A Positive Verification Notice is issued by the Home Office and confirms that an individual has a temporary right to work. It provides a statutory excuse for six months from the date specified in the notice.

Can I be fined for failing to carry out checks?

Yes. Employers can face civil penalties of up to £45,000 per illegal worker for a first breach, rising to up to £60,000 per worker for repeat breaches within three years.

Can I carry out right to work checks online?

Yes. Most non-British and non-Irish nationals must prove their right to work using the Home Office online service, typically by providing a share code.

What happens if I continue employing someone without the right to work?

If you continue to employ someone where you know, or have reasonable cause to believe, that they do not have the right to carry out the work, you may face criminal liability, including an unlimited fine and up to five years’ imprisonment.

Conclusion

Checking employees’ right to work is a fundamental legal requirement for all UK employers and must be treated as an ongoing compliance obligation rather than a one-off administrative task.

Employers must ensure that checks are carried out correctly before employment begins, using the appropriate method, and that follow-up checks are conducted where required for individuals with time-limited permission. Where an employee cannot evidence their right to work, the correct Home Office processes, including the Employer Checking Service, must be followed.

Failure to comply with these duties can result in significant financial penalties, potential criminal liability and wider business consequences, including impacts on sponsor licence status. By contrast, a structured and consistent approach to right to work checks will protect the organisation and support compliance with both immigration and employment law.

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