List A and B: Right to Work Document Guide

Under the UK’s legal framework to prevent illegal working, employers are required to conduct right to work checks for all new hires and carry out follow-up checks on existing employees with time-limited permissions to work in the UK. Ensuring compliance with these requirements is essential to avoid penalties and maintain lawful employment practices.

An individual’s immigration status determines how they can prove their right to work, either through manual document checks or the Home Office’s online system. Employees with indefinite permission to work provide documents from List A, while those with time-limited permission must provide evidence from List B. Employers are legally obligated to verify these documents and ensure any follow-up checks are conducted before the right to work expires.

Failure to comply with right to work checks can result in civil penalties, reputational damage, or even criminal prosecution. For employers, managing List B documentation presents additional challenges, as the right to work status of affected employees may change over time. Staying informed and proactive is crucial to minimise risk.

This guide explores List A and List B right to work documentation, focusing on how to conduct follow-up checks effectively, remain compliant with Home Office guidance, and reduce the risk of penalties. Employers will find practical advice on managing documentation and maintaining a compliant workforce.

 

Right to work checks

 

Your general duties as an employer when carrying out right to work checks are to:

 

• Perform a right to work check and retain records of this check before someone starts working for you;
• Carry out repeat checks as required, ie at least once every 12 months if a person has a time limit on their stay (i.e. those classed under the List B Group 2), or at the expiry of the worker’s leave if under List B Group 1; and
• Not to employ a person in breach of any restrictions such as not having the right to perform the type of work on offer.

 

An individual’s immigration status will dictate how they can prove their Right to Work to a potential, or existing, employer, using either digital or online checks or manual checks.

A digital check is required when the individual has a digital immigration status, such as one granted under the EU Settlement Scheme or if the individual has an eVisa as proof of their permission, for example under the Skilled Worker route. In these cases, the individual must provide a share code and request the employer to use the Home Office online Right to Work Checking Service.

A manual right to work check can or should be carried out in several situations. If an individual’s immigration status is documented in physical form, such as a passport or a biometric residence permit without a share code, a manual check is appropriate. Manual checks are also commonly used for British and Irish nationals who present physical documents like passports or birth certificates to prove their right to work.  For a manual right to work check, relying on physical documents, the individual will be required to provide certain original documents from one of two lists: List A and B right to work acceptable documents.

 

List A and List B right to work acceptable documents for manual  checks

 

List A and List B right to work refer to the categories of acceptable documents employers in the UK must check to confirm an individual’s legal right to work.

List A documentation is to be checked by the employer before commencement of employment where an individual has an ongoing, indefinite Right to Work in the UK. This could include a British citizen, or a person with UK settled status.

List B documents indicate a time-limited right to work. Employers must conduct follow-up checks before the expiry date to ensure continued compliance.

 

List A documents

 

Production of a valid, original List A document is sufficient to establish you as an employer have met your duty for checking an employee’s Right to Work for the duration of their employment with you.

In the context of List A documents, this could be, for example, where a British or Irish national does not have a valid passport, making it impossible to instruct an IDSP to digitally verify that worker’s identity, but they can provide an expired passport. As an expired British or Irish passport is a List A acceptable document, and provided you conduct the check correctly, you will establish an ongoing statutory excuse against civil liability.

Equally, if an overseas national provides you with a current immigration status document with an endorsement from the Home Office indicating that they are allowed to stay in the UK indefinitely, together with an official document evidencing their name and National Insurance (NI) number issued by either a government agency or previous employer, you will again establish a continuous statutory excuse against civil liability. Importantly, even though most migrant workers can now prove their lawful immigration status digitally, such as by providing you with a share code to view their right to work using the online right to work checking service, they cannot be forced to grant you access. In these cases, so long as their status is not held in digital format only, you can instead conduct a manual right to work check.

For a continuous statutory excuse, the following are acceptable documents under List A:

 

List A Acceptable Document	Description
Passport (current or expired) showing British citizenship	Indicates the holder is a British citizen or a citizen of the UK and Colonies with the right of abode in the UK.
Passport or passport card (current or expired) showing Irish citizenship	Confirms the holder is an Irish citizen.
Document from Jersey, Guernsey, or Isle of Man	Verified as valid by the Home Office Employer Checking Service, showing unlimited leave to enter or remain under specific immigration rules (e.g., Appendix EU for respective territories).
Current passport endorsed with immigration exemption or indefinite stay	Confirms the holder is exempt from immigration control, has indefinite stay, the right of abode, or no time limit on their stay in the UK.
Immigration Status Document with indefinite stay endorsement	Issued by the Home Office with an endorsement for indefinite stay, accompanied by an official document showing the person’s permanent National Insurance number and name, issued by a government agency or previous employer.
UK birth or adoption certificate with National Insurance number	A birth or adoption certificate (short or long) issued in the UK, together with an official document giving the person’s permanent National Insurance number and name issued by a government agency or previous employer.
Birth or adoption certificate from Channel Islands, Isle of Man, or Ireland with National Insurance number	A birth or adoption certificate issued in these territories, accompanied by an official document showing the person’s permanent National Insurance number and name issued by a government agency or previous employer.
Certificate of registration or naturalisation as a British citizen	Accompanied by an official document giving the person’s permanent National Insurance number and name issued by a government agency or previous employer.

 

 

List B documents

 

There are two different groups when it comes to List B documents:

 

• List B Group 1 documents: where a time-limited statutory excuse against civil penalty will last up until the worker’s permission expires, and
• List B Group 2 documents: where a statutory excuse will last for just six months.

 

In the context of List B documents, these will only evidence a time-limited right to work in the UK. This means that if a worker provides you with documents from List B, in order to obtain an ongoing statutory excuse against civil liability you must conduct a follow up check in due course. However, the point at which a second check will become necessary will depend on whether you have been given documents from List B Group 1 or List B Group 2.

List B Group 1 documents apply where a person has limited leave to remain or enter the UK, restricting the duration or type of activity permitted.

Original copies of the documents or combination of documents in List B show that a person is allowed to work in the UK for a limited period of time. They will provide you as an employer with a statutory excuse against a civil penalty for up to 12 months from the date on which you carry out the checks, if you correctly follow the 3 step process above.

You are then required to carry out additional, follow up checks at least every 12 months on employees relying on List B documentation.

Where an individual’s leave expires during the period of 12 months, you should carry out a check at the point of expiry to verify their continued Right to Work.

You may at this point be presented with a List A document, in which case, you have met your duty for the duration of the person’s employment with you. You are no longer required to carry out annual checks on that employee.

Should you be presented with items from List B, the 12-month cycle starts again.

 

List B Group 1

 

Where the statutory excuse is valid until the expiry of permission to enter or remain:

List B Group 1 Acceptable Document	Description
Current passport with appropriate endorsement	Indicates the holder is allowed to stay in the UK and is permitted to do the specific type of work.
Document from Jersey, Guernsey, or Isle of Man	Verified as valid by the Home Office Employer Checking Service, showing limited leave to enter or remain under specific immigration rules (e.g., Appendix EU for respective territories).
Current Immigration Status Document with photograph	Issued by the Home Office, includes an endorsement allowing the named person to stay in the UK and perform the specific type of work, accompanied by an official document showing their permanent National Insurance number and name, issued by a government agency or previous employer.

 

 

List B Group 2

 

Where the statutory excuse is valid for six months:

 

List B – Group 2 Acceptable Document	Description
Home Office document and Positive Verification Notice	Shows the holder applied for leave under Appendix EU (EU Settlement Scheme) by 30 June 2021, with verification from the Home Office Employer Checking Service.
Certificate of Application (non-digital) and Positive Verification Notice	Issued for applications made under Appendix EU (EU Settlement Scheme) on or after 1 July 2021, with verification from the Home Office Employer Checking Service.
Document from Jersey, Guernsey, or Isle of Man and Positive Verification Notice	Indicates the holder applied for leave under respective immigration rules (e.g., Appendix EU(J), Appendix EU), with verification from the Home Office Employer Checking Service.
Application Registration Card and Positive Verification Notice	Issued by the Home Office, states the holder is permitted to take the specified employment, verified by the Home Office Employer Checking Service.
Positive Verification Notice from Home Office Employer Checking Service	Confirms the named individual is permitted to stay in the UK and undertake the specified work.

 

The Home Office Employer Checking Service is to cover those cases where a worker has made a valid and in-time application for further leave to remain, but a decision is still pending on their application. Their right to work will continue until they are notified of any Home Office decision, or determination of any review or appeal, although it will not be possible to conduct either an online or standard manual right to work check in these circumstances. You will instead need to obtain a PVN using the Employer Checking Service.

 

List B Group 2 – A complicating factor

 

At the point of check, you may be presented with documents from ‘List B Group 2’, or the individual may be unable to present any acceptable document from List 2, because:

 

• the individual’s visa is due to expire; or
• the individual is appealing to extend their stay; or
• an individual is awaiting an application decision by the Home Office.

 

In these circumstances you are required to contact the Employer Checking Service to receive a Positive Verifiation Notice from the Home Office, confirming the continued eligibility of the individual to work for the duration that their application is outstanding and until their visa is approved.

 

What are right to work follow up checks?

 

To help prevent illegal working, all UK employers must conduct prescribed right to works check on every new recruit, regardless of colour, ethnicity or nationality. They must also carry out a further check on anyone with a time-limited right to work in the UK or to do the work on offer. This essentially means that if any initial right to work check reveals that a migrant worker is in the UK with limited leave, you will be required to undertake a further check, in most cases shortly prior to expiry of their existing immigration permission.

By conducting a follow up check, where required, you can help to prevent those without ongoing lawful immigration status from working for you illegally. This will also allow you to retain a statutory excuse against liability for a civil penalty of up to £20,000 if the Home Office later discover that you are employing an illegal worker. The fact that you have correctly conducted a pre-employment right to work check will not provide you with a defence to any civil penalty in circumstances where a subsequent check is needed.

 

When are right to work follow up checks needed?

 

When you first carry out a right to work check on a new-starter, how you conduct that check will depend on the nationality of the worker and the nature of their immigration status. For example, for British and Irish nationals with a valid passport, you can conduct a check using an Identity Service Provider (IDSP). By instructing a certified IDSP to digitally verify the worker’s identity using Identity Document Validation Technology (IDVT), you can delegate parts of the checking process. In these circumstances, provided the check is done correctly, you will establish a statutory excuse for the duration of that person’s employment.

In the case of migrant workers, including EEA and Swiss nationals with status under the EU Settlement Scheme (EUSS), and other overseas nationals with immigration status held in digital format, you can conduct a right to work check using the online Right to Work Checking Service. In these instances, the employee will be required to provide you with a share code from the section of that service called ‘Prove your right to work to an employer’, allowing you to view their status under the employer’s section at ‘View a job applicant’s right to work details’. If the employee has either settled status under the EUSS or indefinite leave to remain, they will be classed as having a continuous right to work in the UK, and this again will give you a statutory excuse for the duration of their employment.

In contrast, if the employee has pre-settled status under the EUSS, or limited leave, there will be a time limit on how long they will be legally allowed to work in the UK. In these circumstances, you will need to conduct a follow up check when their status is due to expire, where the online service will advise when a second check must be carried out. There is, however, no requirement to conduct retrospective checks for EEA & Swiss nationals that were employed by you on or before 30 June 2021. You will still have a statutory excuse, even if they only had pre-settled status when they first started work, so long as the initial right to work check was carried out in accordance with the guidance in place at the time.

Finally, if you conduct a manual document check, whether or not a follow up check will be needed will depend on whether the prospective employee provides you with documents from either List A of acceptable documents or List B.

 

How to do a right to work follow up check

 

Having conducted a manual right to work check on a new recruit, and having been given acceptable List A and B right to work documents, a clear note must be made at that stage as to when a follow up check will be needed, ie; in those cases where the worker has only been able to provide documents from List B.

Equally, having checked the immigration status of a prospective employee using the online Right to Work Checking Service, where their permission to work in the UK is time-limited, you must again make a note of when a follow-up check will be needed.

In any scenario in which an employee has a time-limited right to work in the UK, you may find that, at the point at which a follow-up check is needed, the employee is unable to verify their right to work because an application for leave to remain is pending with the Home Office. This means that you will need to contact the Employer Checking Service to obtain a PVN. This also means that you will need to conduct a further follow up check after 6 months, at which stage the employee should have a decision on their application.

Fortunately, for existing staff applying to extend their permission to live in the UK, they can usually continue to work for you pending any decision on their application, provided their application was submitted before their existing leave expired. In these circumstances, your statutory excuse against civil liability will last for 28 days from expiry of their permission, in this way enabling you to obtain a PVN from the Employer Checking Service. This is in contrast to initial right to work checks, where you would need to delay the worker’s start date until you have received confirmation of their right to work by way of a PVN.

 

Loss of Right to Work

 

If someone loses the right to work in the UK whilst working for you, you can no longer employ them. If you establish that an employee no longer has the Right to Work in the UK, or that they are in breach or excess of their permission by being employed by you (e.g. number of working hours) and you continue to employ that person, you become liable for a civil penalty and the criminal offence of knowingly employing an illegal worker.

By continuing to employ them, you will not only risk liability for a hefty civil penalty, but you will also expose yourself to a risk of prosecution. This is because if you know, or even have reasonable cause to believe, that an individual does not have permission to continue to undertake their job role, you will be guilty of a criminal offence.

The penalties for the offence of knowingly employing an illegal worker is a custodial sentence of up to 5 years, an unlimited fine, or both. The worker themselves will also be guilty of the offence of illegal working for which they may go to prison and be fined.

Additionally, by employing a worker illegally, you risk losing any Home Office approved sponsor licence. If your licence is revoked by the Home Office, this will mean that any other migrant workers that you employ will also lose their right to work for you, even if they have a legitimate right to work in the UK and do the work in question. A decision to review your sponsor licence will also impact your ability to obtain a licence in the future.

It is best to seek advice as soon as you become aware of an employee’s loss of permission before taking action. Instant dismissal of an employee who no longer has the Right to Work can in some cases give rise to unwanted and costly employment law issues, such as unfair dismissal or discrimination claims.

The Home Office for example offers an advisory service if you are concerned about dismissing a worker who no longer has a Right to Work.

 

Mitigating List B Management Risks

 

The potential for List B employees’ working status to change during the course of employment creates an area of risk for employers which requires close and careful management.

However, you must at any one time be able to accurately confirm the status of every employee in your organisation.

How do you achieve this when you are managing a sizeable volume of checks, all running to different schedules?

And where Home Office intervention is involved, for example for an appeal or overstayer application, the issues multiply. Notwithstanding the need to follow your internal HR processes fairly, each case must be taken on its own merit and timescales.

How can employers and HR teams ensure control and achieve effective List B document management without unnecessary drain on resource?

 

Automate your systems

 

The most effective approach to managing List B documents is through an automated solution.

Once you have been presented with the relevant documentation, you are under a duty to take reasonable steps to check its validity and make and retain copies in a format which cannot be altered.

The copies should be stored safely to satisfy compliance with your duties by, for example, uploading them to a List B Management system.

In addition, it is important that repeat checks on List B personnel are recorded as per UKVI guidelines and synced with the original record. An effective solution will sync the data into your HR or payroll system immediately.

Also, automated reports on visa expiry dates for List B Group 1 and List B Group 2 employees are invaluable prompts for HR teams to check on the progress of employees’ outstanding application.

 

Be clear on employees’ duties

 

Employees must be made aware of their duty to notify you of any change in their circumstances or working status, and the wider requirements on them to manage their status appropriately. Employers should provide support to personnel, encouraging them to be proactive in respect of:

 

• the conditions attached to their respective visa status;
• their responsibility to advise HR of any changes which could impact on their status;
• the type of documents they should be collating for their next visa extension; and
• any travel plans or other considerations which could impact on the scheduling of their extension applications.

 

 

Need assistance?

 

Our UK business immigration specialists are highly experienced in helping employers meet their Right to Work obligations. We support with the development and implementation of effective and compliant processes and procedures, supported by personnel training and best practice advice to ensure consistent and compliant eligibility checks and to reduce the risk of Home Office enforcement action.

In particular, we provide expert guidance on managing the risks associated with List B employees and those with time-limited permission to work, as well what to do if you establish that an individual has lost their Right to Work. Since your options will depend on the specific facts, taking advice will ensure you take appropriate action while mitigating potential risks of unlawful discrimination or unfair dismissal.

To discuss how we can improve the efficiency and impact of your immigration processes, and support your personnel in relation to Right to Work compliance, please contact us.

 

List A & B Right to Work FAQs

 

What are List A and List B documents?

List A and List B are sets of documents that employers in the UK must check to confirm an individual’s right to work. List A covers those with an indefinite right to work, while List B applies to individuals with time-limited work rights.

 

Why do employers need to check these documents?

Employers are legally required to verify that employees have the right to work in the UK. Proper checks help avoid fines, legal consequences, and reputational damage.

 

What happens if an employer doesn’t comply?

Failure to perform right-to-work checks or maintain records can result in fines of up to £20,000 per illegal worker, as well as potential criminal liability.

 

How often do right-to-work checks need to be done?

For List A documents, checks are conducted once before employment begins. For List B documents, follow-up checks must be performed before the individual’s permission to work expires.

 

Can right-to-work checks be conducted online?

Employers can use the Home Office’s online right-to-work checking service for certain categories of workers, such as those with digital immigration status.

 

What is a Positive Verification Notice?

A Positive Verification Notice is issued by the Home Office Employer Checking Service to confirm a worker’s right to work when their documentation requires additional verification.

 

Can checks discriminate against candidates?

Employers must conduct checks for all potential employees equally, without discrimination based on nationality or other characteristics. Doing otherwise could breach UK equality laws.

 

Glossary

 

 

Term	Definition
List A	A list of documents that prove an individual has an indefinite right to work in the UK. Employers need to check these only once before employment begins.
List B	A list of documents that indicate an individual has a time-limited right to work in the UK. Employers must recheck these before the individual’s permission expires.
Right to Work	The legal ability of an individual to work in the UK, confirmed through specific documents from List A or List B.
Immigration Status Document	A document issued by the Home Office that confirms an individual’s immigration status and right to work in the UK.
Positive Verification Notice	A notice issued by the Home Office Employer Checking Service confirming an individual’s right to work when their documents require further verification.
Certificate of Application	A document issued by the Home Office confirming an individual’s application for leave to remain or settle under immigration rules, often paired with verification.
Appendix EU	A section of UK immigration rules related to the EU Settlement Scheme, allowing eligible EU, EEA, and Swiss citizens to apply for the right to remain in the UK.
Employer Checking Service (ECS)	A Home Office service that verifies an individual’s right to work in the UK when their documentation cannot be immediately confirmed.
Statutory Excuse	Legal protection for employers who conduct right-to-work checks correctly, protecting them from liability if an individual is later found to be working illegally.
National Insurance Number	A unique number issued by the UK government to individuals for tax and social security purposes, often used in right-to-work checks.
Immigration Control	The regulation of an individual’s entry, stay, and work in the UK under specific legal permissions set by immigration rules.

 

 

Additional Resources

 

Right to Work Checks: An Employer’s Guide
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
This guide provides comprehensive instructions for employers on conducting right-to-work checks, including acceptable documents and steps to establish a statutory excuse against liability for employing illegal workers.

 

Right to Work Checklist
https://www.gov.uk/government/publications/right-to-work-checklist
A practical checklist that helps employers ensure all necessary steps are taken when performing right-to-work checks.

 

Employer’s Guide to Acceptable Right to Work Documents
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/993839/employers_guide_to_acceptable_right_to_work_documents_v5.pdf
A detailed guide explaining which documents are acceptable for demonstrating an individual’s right to work in the UK, with examples and descriptions.

 

Check a Job Applicant’s Right to Work
https://www.gov.uk/check-job-applicant-right-to-work
An online tool to help employers determine if a job applicant is allowed to work in the UK and identify the appropriate documentation.