How to Check Someone’s Immigration Status in the UK 2026

Checking someone’s immigration status is a legal requirement for UK employers to ensure that an individual has the right to work in the country. This obligation sits at the core of the UK’s illegal working enforcement regime and is governed primarily by the Immigration, Asylum and Nationality Act 2006, alongside detailed Home Office guidance on right to work checks.

The UK system has evolved significantly in recent years, moving away from reliance on physical documents toward a predominantly digital framework. Increasingly, individuals prove their status using an online Home Office record, commonly referred to as an eVisa, which employers must access using a share code. As a result, the process for checking immigration status is no longer uniform and depends on the type of status the individual holds.

For employers, the consequences of getting this wrong are serious. Failure to carry out a compliant right to work check can expose a business to civil penalties of up to £45,000 per illegal worker for a first breach, criminal liability in more serious cases, and the loss of a sponsor licence where the organisation employs migrant workers under the points-based system. At the same time, employers must ensure that checks are carried out in a way that complies with the Equality Act 2010, avoiding discriminatory practices based on nationality or ethnicity.

What this article is about: this guide explains how to check someone’s immigration status in the UK in line with current Home Office and UK Visas and Immigration (UKVI) requirements. It covers the different methods available, including online checks, manual checks, digital verification services and the Employer Checking Service, as well as when follow-up checks are required and the risks of non-compliance. The focus is on giving employers a clear, legally accurate framework for meeting their right to work obligations in practice within the wider context of UK immigration law.

Section A: How to Check Someone’s Immigration Status

Checking someone’s immigration status in the UK is not a matter of employer preference but of compliance with a prescribed legal framework. The Home Office sets out specific methods that must be used depending on the individual’s status. Using the correct method is essential, as only a properly conducted check will establish a statutory excuse against civil liability under section 15 of the Immigration, Asylum and Nationality Act 2006.

1. Quick Answer: Approved Methods

There are four recognised ways to check someone’s immigration status and right to work in the UK:

• online right to work checks using the Home Office service and a right to work share code
• digital checks carried out through an Identity Service Provider (IDSP)
• manual document checks using original physical documents, but only where the Home Office allows manual evidence to be used
• verification through the Employer Checking Service (ECS)

Each method is valid only in specific circumstances. Employers must identify which route applies before carrying out the check. This is critical because an otherwise careful check may still fail to provide protection if the wrong method is used.

2. When Each Method Applies

The correct method depends on how the individual holds their immigration status.

For most non-UK nationals, immigration status is now held digitally. This includes individuals with permission under the points-based system, the EU Settlement Scheme, or other visa routes. In these cases, the employer must carry out an online check using a share code. A manual check is not acceptable where digital status applies.

The Home Office is transitioning to a fully digital immigration system, meaning most individuals will prove their status using an eVisa rather than physical documents. Employers should therefore ensure that their onboarding processes reflect the move away from biometric residence permits and other physical evidence of immigration status.

British and Irish citizens can usually prove their right to work using either a valid passport or, if the employer chooses, a digital check through an IDSP. While digital checks offer convenience, particularly for remote onboarding, they are not mandatory for these individuals.

Where a person cannot provide evidence of their status, for example because they have a pending application, administrative review or appeal, the employer must use the Employer Checking Service. This route is also used in certain legacy scenarios, including individuals who arrived in the UK before 1989 and do not have formal documentation.

3. Legal Requirement to Follow Prescribed Methods

A critical compliance point is that employers do not have discretion in how they conduct right to work checks. The Home Office guidance prescribes which method must be used in each scenario. Choosing the wrong method, even if carried out carefully, will not establish a statutory excuse against a civil penalty.

For example, attempting to rely on a manual document check where an online check is required will invalidate the check entirely. Manual checks are only permitted where the Home Office allows them and cannot be used where digital status applies. Similarly, relying on an IDSP does not transfer liability away from the employer. Employers remain legally responsible for the check, including any errors made by the Identity Service Provider.

The concept of the statutory excuse is central to this framework. Where an employer conducts a right to work check in accordance with Home Office requirements before employment begins, they are protected from a civil penalty if it later transpires that the individual did not have the right to work. Without that excuse, the employer is exposed to enforcement action.

Section Summary: Employers must check immigration status using one of four approved methods, with the correct method determined by the individual’s status. Compliance depends not just on carrying out a check, but on using the prescribed approach. Only a properly conducted check will establish a statutory excuse and protect the employer from liability.

Section B: Step-by-Step Right to Work Check Process

Carrying out a right to work check is not simply a matter of confirming that an individual appears to have permission to work. The Home Office requires employers to follow a defined process for each type of check. Failure to complete each step correctly can invalidate the check and remove the statutory excuse against a civil penalty.

1. Online Right to Work Check (Share Code Process)

The online check is now the primary method for verifying immigration status for most non-UK nationals.

To carry out an online check, the employer must first obtain a share code from the individual. This is generated by the individual through the Home Office “view and prove” service and provides temporary access to their immigration record.

The employer must then:

• enter the share code and the individual’s date of birth into the Home Office online checking service
• access the individual’s right to work profile
• check that the photograph on the system matches the individual presenting themselves for work
• confirm the type of work permitted and whether any restrictions apply
• check whether the right to work is time-limited and note any expiry date
• retain a copy of the online profile page showing the individual’s right to work, ensuring the date of the check is recorded

The record can be retained electronically or as a hard copy, but it must be stored securely and remain accessible for the duration of employment and for two years afterwards. Where completed correctly, this process provides a statutory excuse from the date the check is conducted.

2. Manual Right to Work Check Process

Manual checks remain relevant only where the Home Office permits the use of physical documents. They cannot be used where the individual holds digital immigration status.

The process consists of three core steps:

• obtain original documents from either List A or List B of acceptable documents
• check the documents in the presence of the individual to confirm they are genuine and relate to the person presenting them
• make and retain copies in a format that cannot be altered, recording the date of the check

When reviewing documents, employers must take reasonable steps to verify authenticity. This includes ensuring that photographs are consistent with the individual’s appearance, dates of birth are consistent across documents, expiry dates have not passed, and any work restrictions are understood and complied with.

Where there are differences in names across documents, the employer must obtain supporting evidence, such as a marriage certificate or deed poll. For students, employers must also obtain and retain evidence of term dates and any restrictions on working hours.

Copies must be retained for the duration of employment and for two years after employment ends.

3. Digital Right to Work Checks via IDSP

Digital checks using an Identity Service Provider allow employers to verify the identity of British and Irish citizens remotely using Identification Document Validation Technology.

The process typically involves:

• the individual submitting their passport or passport card via the IDSP platform
• the IDSP verifying the authenticity of the document using digital validation tools
• the employer receiving a verification result confirming identity

However, the employer must still satisfy themselves that the photograph and identity details relate to the individual, ensure that the check has been completed before employment begins, and retain evidence of the check.

Employers remain legally responsible for the check, including any errors made by the Identity Service Provider.

4. Employer Checking Service (ECS) Process

The Employer Checking Service is used where an individual cannot provide evidence of their right to work through other prescribed methods but may still have a valid right to work.

To initiate an ECS check, the employer must submit a request to the Home Office, providing:

• the employer’s business details
• the individual’s personal details, including name, date of birth and nationality
• details of the role being offered
• any available Home Office reference number or case ID

This route is commonly used where the individual has a pending visa application submitted before their previous permission expired, has an outstanding appeal or administrative review, holds a Certificate of Application that requires verification, or falls within a cohort without formal documentation.

If the individual has the right to work, the Home Office will issue a Positive Verification Notice. This provides the employer with a statutory excuse for a limited period, typically six months, provided the ECS request was made in time.

Where the ECS is used before employment begins, the employer must wait for confirmation before allowing the individual to start work. In ongoing employment scenarios, the employer must ensure that the ECS request is made before the expiry of existing permission to maintain continuity of the statutory excuse.

Section Summary: Each method of checking immigration status requires a specific process that must be followed precisely. Whether using the online system, manual documents, an IDSP or the Employer Checking Service, compliance depends on completing all required steps, verifying identity properly and retaining clear evidence. Failure at any stage can invalidate the check and expose the employer to liability.

Section C: When to Recheck Immigration Status

Right to work compliance does not end once an initial check has been completed. In many cases, employers have an ongoing duty to monitor immigration status and carry out follow-up checks where permission to work in the UK is time-limited. Understanding when a repeat check is required is essential to maintaining a statutory excuse and avoiding liability.

1. Checks Before Employment Begins

A right to work check must always be completed before employment starts. This is a strict requirement under Home Office guidance and applies to all workers regardless of nationality.

If a check is carried out after employment has begun, it will not establish a statutory excuse, even if the individual does in fact have the right to work. There is no mechanism for retrospective compliance, meaning employers cannot correct a missed check after the fact.

For this reason, employers must ensure that onboarding processes include a mandatory right to work check at the pre-employment stage, with employment start dates conditional on verification being completed.

2. Follow-Up Checks for Time-Limited Permission

Where an individual has time-limited permission to work in the UK, a follow-up check is required to maintain the statutory excuse against a civil penalty.

This applies to individuals with visas under the points-based system, pre-settled status under the EU Settlement Scheme, or any other form of limited leave to remain.

The follow-up check must be completed before the individual’s permission expires. If this is not done, the statutory excuse will be lost from the expiry date, exposing the employer to potential civil penalties if the individual continues working without valid permission.

Where the individual has applied to extend their leave before expiry, the employer should use the Employer Checking Service to confirm their ongoing right to work. The statutory excuse will continue where the ECS request is submitted in time and a Positive Verification Notice is issued.

3. No Repeat Checks for Permanent Status

Where an individual has an unlimited right to work, no follow-up check is required.

This includes individuals with indefinite leave to remain, EU settled status, or British or Irish citizenship.

In these cases, a correctly conducted initial check provides a continuous statutory excuse for the duration of employment.

Employers should avoid unnecessary repeat checks on these individuals, as selective or repeated checking could give rise to discrimination risks under the Equality Act 2010.

4. Sponsored Workers and Changes in Role

For employers holding a sponsor licence, additional compliance obligations apply when employing sponsored workers.

A right to work check must still be carried out before employment begins, but employers must also ensure that the role being undertaken matches the role described in the Certificate of Sponsorship and that any changes to role, salary or duties comply with sponsorship rules.

These checks form part of wider sponsor compliance duties monitored by UK Visas and Immigration (UKVI), including the possibility of compliance visits and audits.

Where a sponsored worker changes role within the same organisation, a new immigration application may be required depending on the nature of the change. Employers must ensure that the individual has valid permission for the new role before allowing them to start it.

A fresh right to work check should be conducted where new immigration permission is granted, ensuring that the employer’s records reflect the current basis on which the individual is working.

Section Summary: Employers must carry out right to work checks before employment begins and repeat them where an individual has time-limited permission. No follow-up checks are required for those with permanent status, but additional care is needed when employing sponsored workers or managing role changes. Ongoing compliance is essential to maintaining a statutory excuse and avoiding liability.

Section D: Risks of Failing to Check Immigration Status

Failing to carry out compliant right to work checks exposes employers to significant legal and commercial risk. The UK’s illegal working regime is actively enforced by the Home Office, with penalties designed to deter non-compliance and ensure employers take their obligations seriously.

1. Civil Penalties

Employers who hire an individual who does not have the right to work in the UK may face a civil penalty of up to £45,000 per illegal worker for a first breach. This can increase to £60,000 per worker for repeat offences.

Liability arises where:

• no right to work check was carried out before employment began
• the check was carried out incorrectly or using the wrong method
• the employer cannot produce evidence of the check

The only defence available is the statutory excuse. Without it, the employer is strictly liable for the penalty, regardless of whether they were aware of the individual’s immigration status. For further guidance, see illegal working penalties and employer compliance.

Civil penalties can also trigger additional scrutiny from the Home Office, including compliance visits and audits of wider workforce practices.

2. Criminal Liability

In more serious cases, employers may face criminal prosecution.

It is a criminal offence to employ someone who does not have the right to work in the UK where the employer knows or has reasonable cause to believe that the individual is disqualified from working due to their immigration status.

This includes situations where:

• the individual’s visa has expired
• the employer is aware of restrictions preventing the work being carried out
• warning signs have been ignored or deliberately overlooked

The maximum penalty is up to 5 years’ imprisonment, an unlimited fine, or both.

The threshold for criminal liability is higher than for civil penalties, but the consequences are considerably more severe.

3. Sponsor Licence Consequences

For organisations that hold a sponsor licence, non-compliance with right to work obligations can have direct implications for their ability to employ migrant workers.

Potential enforcement action includes:

• downgrading of the sponsor licence rating
• suspension of the licence pending investigation
• revocation of the licence

Revocation is the most serious outcome and will typically result in the loss of permission to sponsor new workers and the curtailment of existing sponsored workers’ visas.

These actions are enforced by UK Visas and Immigration (UKVI) as part of wider compliance monitoring and enforcement activity.

4. Discrimination and Equality Risks

While employers must carry out right to work checks, they must also comply with the Equality Act 2010 and the Home Office Code of Practice on preventing illegal working.

This means:

• checks must be carried out on all prospective employees, not selectively
• decisions must not be based on nationality, ethnicity or perceived immigration status
• individuals must be given the opportunity to prove their right to work using any acceptable method

Unlawful discrimination can arise where certain groups are subject to additional checks, candidates are rejected because they cannot immediately produce a specific document, or assumptions are made about someone’s right to work based on appearance or accent.

Employers should adopt consistent, documented processes to ensure that right to work checks are applied fairly and lawfully.

Section Summary: Failing to carry out compliant immigration status checks can lead to substantial civil penalties, criminal prosecution and loss of a sponsor licence. At the same time, employers must ensure that checks are conducted in a non-discriminatory manner. Effective right to work processes are therefore critical not only for immigration compliance but also for broader legal risk management.

FAQs

Employers often encounter practical uncertainties when checking immigration status. The following answers address common issues in line with current Home Office guidance.

How do you check someone’s immigration status in the UK?

You must use one of the prescribed Home Office methods: an online check using a share code, a digital check via an Identity Service Provider, a manual document check where permitted, or the Employer Checking Service where the individual cannot provide evidence. The correct method depends on how the individual holds their immigration status.

Do you always need a share code?

No. A share code is required where an individual holds digital immigration status, such as an eVisa or EU Settlement Scheme status. However, British and Irish citizens can usually prove their right to work using a passport or, optionally, a digital check through an Identity Service Provider.

Can you employ someone while waiting for a visa decision?

Yes, in limited circumstances where the individual has made an in-time application before their previous permission expired and the Employer Checking Service confirms their right to work by issuing a Positive Verification Notice.

What is the Employer Checking Service?

The Employer Checking Service is a Home Office service used where an individual cannot prove their right to work through standard methods. It is commonly used where a visa application, appeal or administrative review is pending. A Positive Verification Notice provides a temporary statutory excuse.

How long must right to work records be kept?

Employers must retain evidence of right to work checks for the duration of employment and for at least two years after the employment ends. Records must be stored securely and be capable of being reproduced if requested by the Home Office.

Can EU citizens use passports as proof of their right to work?

No, except for Irish citizens. Since 1 July 2021, EU, EEA and Swiss nationals must prove their status digitally, typically using the Home Office online service and a share code.

FAQs Summary: Employers must follow prescribed Home Office methods to check immigration status, with digital checks now the default for most workers. Record-keeping and correct method selection are essential to compliance.

Conclusion

Checking someone’s immigration status is a fundamental compliance obligation for UK employers. The legal framework requires employers to follow prescribed right to work check processes, using the correct method based on the individual’s immigration status.

The shift toward digital immigration status means that online checks using share codes are now the primary method for most workers, with manual checks limited to specific scenarios. Employers must ensure that checks are carried out before employment begins, with follow-up checks conducted where permission to work is time-limited.

Failure to comply exposes employers to significant risks, including civil penalties, criminal liability and sponsor licence action. At the same time, checks must be conducted consistently and fairly to avoid discrimination.

In practice, effective right to work compliance depends on having clear internal processes, properly trained staff and accurate record-keeping. When implemented correctly, these checks provide a statutory excuse and protect the business from liability.

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