Right to Work Checklist for Employers

Section A: What is the Right to Work Checklist?

The Home Office Right to Work Checklist is the authoritative form for recording checks on individual workers. It shows that you followed one of the three prescribed methods on a particular date and it is powerful evidence when used properly. It does not, on its own, design your wider process, manage repeat checks or address the growing number of digital status issues that cause employers problems in audits.

The Home Office Right to Work Checklist is authoritative for recording manual, digital and online checks, but it does not, by itself, decide which method you should use or manage repeat checks. Employers still have to use the wider guidance to decide when online checks are required for digital status holders.

Right to Work compliance is no longer limited to checking a passport on day one. Employers are expected to understand the differences between manual, online and digital checks and to use the correct route for each individual. The Home Office continues to place significant emphasis on record keeping, the timing of checks and evidence of follow-up action where permission is time limited. Errors in any of these areas can undermine the statutory excuse even where the individual previously held valid permission.

There are a number of ways employers may discharge their duty to prevent illegal working. Choosing the correct type of check is the first step in any effective Right to Work checklist, since using the wrong method can undermine your statutory excuse even where the individual did in fact have permission to work.

Digital Right to Work checks using IDSPs are for British and Irish nationals with valid in-date passports or Irish passport cards. These checks are conducted through Identity Service Providers that operate as Digital Verification Services in line with the Home Office guidance and the digital identity trust framework overseen by the Department for Science, Innovation and Technology. This method is optional and only available for these specific documents, but it can provide a secure and efficient way to verify identity where an employer wants to build remote or high-volume checking into their process.

Online Right to Work checks using share codes are required for individuals whose immigration status is held digitally, such as those with an eVisa or status under the EU Settlement Scheme. Many sponsored workers and others who previously relied on Biometric Residence Permits or Biometric Residence Cards now fall into this category, because their proof of status has moved into digital form. Workers generate a share code via the Home Office online service, which employers use, together with the individual’s date of birth, to confirm their work eligibility and to download or print the profile page that evidences the check. Where a person holds a digital immigration status, the Home Office expects employers to use the online service as the prescribed method to obtain a statutory excuse and not to rely on physical documents.

The Home Office’s Employer Checking Service is used when an individual cannot provide standard documents or an online profile, for example where they are awaiting a decision on an immigration application, appeal or administrative review, or where there is an outstanding in-time application to extend or vary leave. Employers are required to request a Positive Verification Notice (PVN) from the Home Office to confirm work status in these cases. The PVN then gives a time-limited statutory excuse, generally for six months from the date specified, after which a further check is needed if the worker is to continue in employment.

This leaves manual Right to Work document checks, which apply where an individual presents acceptable physical documents from the Home Office’s List A or List B and where their status is not held only in digital form. Manual checks are most commonly used for British and Irish citizens who do not use digital checks, as well as individuals with paper-based immigration status, such as old-style Immigration Status Documents or Certificates of Naturalisation, and certain vignettes in current passports. Employers are required to inspect original documents in the presence of the holder, either face to face or by live video call while holding the originals, and to verify their authenticity in line with the Home Office guidance. Where the guidance specifies that a particular category of worker is required to evidence their status through the online service, a manual or digital check will not create a statutory excuse.

Section B: Right to Work Checklist for Manual Checks

Home Office guidance specifies three defined steps for conducting compliant manual document checks. These mirror the structure of the Home Office Right to Work Checklist and apply where an individual presents acceptable physical documents under List A or List B and their status is not held solely in digital form. The check is required to be carried out in the presence of the individual so that likeness and document authenticity can be assessed properly. Viewing scanned copies before the originals arrive is not sufficient to establish the statutory excuse.

1. Obtain acceptable Right to Work documents

You can only accept documents from the Home Office’s List A, List B Group 1 or List B Group 2. The Home Office has three distinct categories of acceptable documents that reflect different forms of permission and working status. Manual checks apply where the individual presents original physical documents and is not required by the Home Office to evidence their status through the online right to work service. This distinction is important because most eVisa holders, and those granted status under the EU Settlement Scheme, are required to evidence their status digitally and cannot rely on physical documents alone.

a. List A

A valid List A check gives your organisation a continuous statutory excuse for the duration of the person’s employment. No further right to work checks will be required unless you have reason to doubt the individual’s status at a later point.

b. List B Group 1

A List B Group 1 check provides a time-limited statutory excuse until the expiry of the individual’s permission to be in the UK. A follow-up check is required shortly before that permission expires. The timing is driven by the person’s expiry date rather than any set cycle or internal review period.

c. List B Group 2

A List B Group 2 check provides a time-limited statutory excuse based on a Positive Verification Notice. The PVN typically lasts six months from the date shown on the notice. A new check is required before the PVN expires if the individual will continue working. Where the person has since been granted permission and now holds digital status, the follow-up check is expected to be carried out through the online right to work service rather than manually.

2. Check the validity of the Right to Work documents

You are required to check that the documents are genuine, belong to the prospective employee and confirm that the person is permitted to do the work on offer. This is a core requirement for establishing the statutory excuse. The check has to be carried out in the presence of the individual so that likeness and authenticity can be verified directly, and concerns about impersonation or tampering can be addressed without delay. Employers cannot rely solely on an IDSP or any other third party for this stage.

Photographs and dates of birth must be consistent across all documents and with the person’s appearance. Permission to be in the UK must still be valid where applicable. Any work-related restrictions have to be checked so you can be certain the person is allowed to do the type of work on offer. The documents need to be genuine, untampered and belong to the individual presenting for work. Any differences in names across documents should be explained by supporting evidence such as a marriage certificate, divorce decree absolute or deed poll so that there is clarity about identity.

The Home Office expects employers to follow up immediately if any part of the check raises concerns. The statutory excuse does not arise where an employer knows or has reasonable cause to believe that the individual does not have permission to work.

3. Copy the documents provided

You are required to make a clear and unalterable copy of each document at the time the check is carried out. The copy should allow the Home Office to see exactly what you saw on the date of the check. Employers are expected to record the date the check was made either on the copy itself or in a secure electronic record that is permanently linked to the document.

For passports, you should copy any page with the document expiry date, the holder’s nationality, the date of birth, the holder’s signature, the visa or leave expiry date, biometric details and the photograph, as well as any page showing the individual’s entitlement to work in the UK. For all other documents, you need to copy the document in full, which includes both sides of an Immigration Status Document and an Application Registration Card. Once stored, the copy should not be capable of alteration. Employers should ensure that access is restricted to personnel with a legitimate need to review or audit the records.

The evidence is required to be retained securely for the duration of the individual’s employment and for a further two years once employment ends.

4. Right to Work acceptable documents

Home Office guidance requires individuals to provide documents from the relevant list to prove their right to work. The rules on document checks for EU nationals in the UK changed from 1 July 2021. EU nationals can no longer rely on their passport or residence card as proof of their right to work. They are instead required to provide proof of their immigration status, usually through an online right to work check using a share code. Individuals with pre-settled status, settled status or a Skilled Worker visa hold digital eVisa status and cannot present physical documents for a manual check. Their status must be verified online.

The documents that you are to check and copy must be from:

List A – Documents Proving Indefinite Right to Work in the UK

List B – Group 1 (Limited Right to Work, Re-Check Required Before Expiry)

List B – Group 2 (Pending Applications, Positive Verification Required Every 6 Months)

Section C: Digital Right to Work Checklist

Digital right to work checks allow employers to verify the identity of British and Irish citizens who hold a valid passport or Irish passport card. These checks are completed through an Identity Service Provider that operates as a Digital Verification Service under the Home Office guidance and the digital identity trust framework overseen by the Department for Science, Innovation and Technology. The digital route supports remote recruitment and reduces administrative burden, but it is only available for these specific documents and does not replace the online right to work service for individuals who hold digital immigration status. The employer remains responsible for ensuring that the identity check is completed correctly and that all steps required for the statutory excuse are followed in full.

1. When to use a digital Right to Work check

A digital identity check through an Identity Service Provider can only be used in limited situations and cannot replace manual or online checks where the Home Office requires those methods. The digital method applies where the individual is a British citizen with a valid passport or is an Irish citizen with a valid passport or Irish passport card. This route cannot be used for expired passports, any form of immigration permission, EU identity cards or non UK or Irish nationals. It is also not a substitute for the online right to work check where an individual holds digital immigration status. Employers should treat the digital process as an optional tool to support compliant onboarding for British and Irish workers only.

2. Digital Right to Work step by step checklist

Employers using an Identity Service Provider should ensure the provider meets the required identity assurance standards and follows the Home Office guidance for digital right to work checks. Even where an IDSP is used, the employer remains responsible for the outcome of the check and cannot rely on the provider to establish the statutory excuse alone.

You should confirm that the individual is eligible for a digital check by verifying that they hold a valid British or Irish passport or an Irish passport card. Choose an Identity Service Provider that meets the required standards and follows the Home Office supplementary code for digital right to work checks. Instruct the individual on how to submit their passport information and biometric data through the provider’s system. When you receive the provider’s output, ensure it clearly states that the identity check has been completed to the required standard. You are then required to check personally that the photograph provided through the IDSP matches the individual who is starting work. This step cannot be delegated. You should then record the date on which you reviewed and validated the IDSP output as part of your right to work check.

The employer is expected to maintain a clear link between the IDSP report and the individual’s employment record, showing that the check was completed before the individual started work.

3. Evidence and record keeping for digital checks

To obtain the statutory excuse, the employer needs to retain the IDSP output and a record of the additional check they carried out themselves, which includes verifying likeness and confirming the document type used. The Home Office does not issue a standardised IDSP certificate, so employers should check that the provider’s output includes all required data.

You should keep a secure copy of the IDSP’s identity verification output, showing the passport details and confirmation that the digital identity check was completed. Record the date on which you reviewed the output and confirmed likeness. Store the evidence securely for the duration of the individual’s employment and for at least two years after their employment ends. Access to the documents should be restricted to authorised staff responsible for recruitment, onboarding or internal audits.

The employer is responsible for ensuring the retained evidence is complete and suitable for audit. If the Home Office is unable to determine what was checked and when, the statutory excuse may not be accepted.

4. Avoiding common errors and civil penalties

Digital checks can simplify the process for eligible workers but employers often fall into avoidable errors that weaken their defence in the event of Home Office scrutiny. The most common issue is treating the IDSP output as sufficient in its own right when the employer is still required to carry out their own verification steps.

Employers should avoid using the digital route for expired passports, non UK or Irish nationals or anyone with digital immigration status. You should not rely solely on the IDSP output because you are required to confirm likeness personally. Check that the provider’s output contains the necessary information, such as the passport details and verification outcome. Ensure the check is completed before employment begins because late checks may not establish a statutory excuse. Where particular circumstances mean a follow-up check is required, diarise the necessary actions, although repeat checks are uncommon for British and Irish nationals.

Used correctly, digital checks can support consistent and efficient onboarding of British and Irish workers. Used incorrectly, they create a gap in compliance because the Home Office expects employers to follow every stage of the checking process and not rely entirely on a third party.

Section D: Online Right to Work Checklist

Online right to work checks are now a core part of the system for many non British and non Irish workers whose immigration status is held digitally. The Home Office Right to Work Checklist form does not cover online checks, but the employer’s guide treats the online service as one of the three prescribed methods that create a statutory excuse. Employers therefore need to use the checklist alongside the online process so that digital status holders are checked correctly.

In these cases the Home Office online service is the prescribed method for employers to establish a statutory excuse. The online route relies on a share code generated by the worker and the employer’s access to the secure part of the Home Office service. British and Irish citizens instead use either manual checks or digital checks through an Identity Service Provider.

1. When to use an online Right to Work check

An online right to work check is required where an individual holds a digital status and the Home Office has removed the ability to rely on physical documents. This commonly applies to those who have been granted status under the EU Settlement Scheme, many Skilled Workers and other sponsored workers, and those who now hold an eVisa in place of a Biometric Residence Permit or other physical document. Individuals with an eVisa linked to their passport details are required to use the online right to work service. Most individuals with status under the EU Settlement Scheme are expected to evidence that status digitally through a share code. Many workers who previously relied on Biometric Residence Permits or Biometric Residence Cards now fall under the online checking route because their status has moved into digital form. Where Home Office guidance names the online service as the only acceptable method for a particular status, manual checks and digital checks through IDSPs are not sufficient for a statutory excuse.

Employers should treat the online service as the default route wherever the individual’s status is held digitally and the guidance indicates that physical documents are no longer acceptable.

2. Online Right to Work Step by Step Checklist

The online process is designed to be straightforward but there are key steps that need to be followed carefully. The employer needs the worker’s share code and date of birth and has to access the employer-facing part of the Home Office service rather than the route used by individuals.

You should ask the individual to obtain a share code from the Home Office “prove your right to work” service and to choose the option for proving the right to work to an employer. Request the share code and the individual’s date of birth and make clear that the code is time limited so delays can cause it to expire. You then go to the employer section of the Home Office right to work service and enter the share code and date of birth to view the individual’s status. Check that the photograph on screen matches the person who is presenting for work and that the details shown, such as name and date of birth, are consistent with your records. Review the conditions and restrictions displayed, including whether the person is allowed to do the specific role on offer and whether there are limits on hours or type of work. Finally, download or print the profile page that shows the individual’s right to work, including the date on which the check was carried out.

Where the online check shows time-limited permission, the employer is expected to diarise a follow-up check shortly before the permission end date so that status can be re-verified if the person is to continue in employment.

3. Recordkeeping

For online checks the Home Office expects employers to retain a clear record of what was seen and when. The statutory excuse depends on being able to show that the check was carried out using the prescribed service, with the correct share code, on a particular date.

You should save a secure electronic copy of the online profile page, either as a PDF or as a clear screenshot that shows the individual’s details and work conditions. Record the date of the check on the retained copy or in a linked electronic record so it is obvious when the check was completed. Store the record securely for the duration of the individual’s employment and for at least two further years after employment ends. Access should be restricted to right to work records so that only personnel with a legitimate need, such as HR, recruitment and audit teams, can view them.

Where a follow-up check is required, the employer should retain evidence of both the original online check and the repeat check so that there is a clear trail from the start of employment through to the end of permission or the end of employment.

4. Common Errors & Avoiding Civil Penalties

Online checks reduce some traditional document risks but introduce new points of failure. Caseworkers often focus on whether employers used the online service where required and whether they picked up the conditions displayed on the profile page. A failure at this stage can lead to allegations that the statutory excuse was never created, even if the worker had status at the time.

Employers should avoid carrying out a manual check or digital IDSP check where guidance requires use of the online service, as this can leave the organisation without a statutory excuse. You should not accept a screenshot or printout provided by the worker as a substitute for accessing the Home Office service yourself. Take care to check any limits on hours or type of work shown on the profile page and configure roles and rotas so that these are not breached. Ensure repeat checks are diarised where the online profile shows time-limited permission so that expiry dates are not missed.

Handled properly, online checks can create a clear, auditable record and support a strong defence if the Home Office questions an individual’s status. Handled casually, they can expose employers to the full level of civil penalties and wider enforcement action even where the worker once held valid permission.

Section E: Follow up and repeat checks

Where an individual presents documents from List A, no further document checks are required during their employment, provided there is no reason to doubt their status. A valid List A check creates a continuous statutory excuse. Employers should still address any concerns that arise later, such as inconsistencies in information or indications that the individual’s circumstances have changed.

Repeat checks are required where an individual presents documents from List B. For List B Group 1, a follow-up check is needed shortly before the person’s permission to be in the UK expires. This ensures you confirm that their right to work continues. For List B Group 2, the Positive Verification Notice provides a statutory excuse for six months from the date specified on the notice. A further check is required before the PVN expires if the person is to continue working for you.

A specific nuance applies to individuals with status under the EU Settlement Scheme. Where a compliant initial check was carried out on someone with pre settled or settled status, the Home Office does not require repeat checks solely because the digital profile shows an end date. Employers are still expected to act if there is evidence that the person may no longer have the right to work, but routine repeat checks are not required for these statuses.

Where the employee presents a document from List A during a repeat check, no further checks will be required during the course of their employment. Where they now hold digital status, for example an eVisa following the expiry of their previous physical document, the follow-up check is expected to be carried out using the online right to work service with a share code rather than a manual document check.

It is good practice for sponsors to conduct an updated right to work check when a sponsored worker moves into a new role within the organisation. This helps ensure that internal records match the position described in the latest Certificate of Sponsorship and that any working conditions or restrictions are clearly understood.

If during any follow-up check you become aware that an employee no longer has the right to work, or that they are working in breach of their conditions, and you continue to employ them, your organisation becomes liable for a civil penalty and may be exposed to allegations of knowingly employing an illegal worker. Where working hours are restricted, for example for certain students, exceeding those limits can amount to illegal working even where permission otherwise remains valid.

It is best to seek advice immediately once you become aware of a potential loss of permission. Instant dismissal can create separate employment law risks, such as unfair dismissal or discrimination claims. Employers should consider suspension on pay while status is clarified and should document the steps taken so that decisions are supported by clear evidence if challenged later.

Take advice on the circumstances to ensure you remain compliant with your immigration duties and manage both immigration and employment law risks in a coordinated way.

Section F: Summary

Right to Work compliance is no longer limited to checking a passport on day one. Employers are expected to understand the differences between manual, online and digital checks and to use the correct route for each individual. The Home Office continues to place significant emphasis on record keeping, the timing of checks and evidence of follow-up action where permission is time limited. Errors in any of these areas can undermine the statutory excuse even where the individual previously held valid permission.

The Home Office checklist covers manual, digital and online checks, but it does not, on its own, ensure that online checks are used wherever they are mandatory for digital immigration status holders.
A well-designed internal checklist should reflect the current rules on digital immigration status, the prescribed methods for checking different categories of worker and the points at which repeat checks are required. These can be built into wider recruitment and HR processes to ensure checks are carried out consistently and in line with guidance. Employers who take care over the basics place themselves in a far stronger position if a Home Office compliance visit or civil penalty investigation arises.

If you require support with developing or reviewing your Right to Work procedures, or if you are dealing with a complex scenario or potential breach, our team can provide practical and legally robust guidance tailored to your organisation’s risks.

Section G: Need Assistance?

Employers are advised to take professional guidance to ensure their right to work checks are compliant under the relevant rules, so that the statutory excuse is available in the event of any allegations of illegal working. External input can also help to test whether your internal checklists and workflows reflect the latest Home Office guidance, particularly as online and digital routes evolve.

The duties imposed on employers by the prevention of illegal working regime are onerous. We have seen all too many instances where, even with robust pre-employment and onboarding processes in place, employers have fallen foul of the rules because follow-up checks were missed, expired documents were overlooked or the wrong checking route was used for a particular category of worker.

For example, where an employee loses their Right to Work, what are your next steps? Discrimination risks abound, and you are expected to approach such situations in a fair and reasonable manner. You also need to take care that any internal communications and actions are consistent with your evidence in case of later Home Office audit or tribunal proceedings.

Also, list B employees with time-limited permission to work present a risk since there is a requirement on you to carry out repeat checks and to record these checks clearly. Those with online-only status add a further layer, because expiry dates and conditions are displayed through the Home Office service rather than on a physical document.

Your HR processes and Right to Work checklist should be sufficient in scope and quality to provide guidance where such issues arise. Seeking legal advice can also assist where you have concerns about particular workers, about how to correct historic mistakes or about how to respond to a Home Office investigation.

DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working. We offer a range of Right to Work solutions for employers, including:

• elearning software for personnel involved in recruitment and onboarding
• bespoke training packages for in-depth insight
• immigration and right to work auditing
• ongoing right to work compliance support

If you have a question about any aspect of Right to Work compliance, contact us for assistance.

Section H: Right to Work Checklist FAQs

What is a Right to Work check?

A Right to Work check is the process employers are required to carry out before employment begins to confirm that an individual is permitted to work in the UK. The check is carried out using one of the prescribed Home Office methods and must be recorded carefully to create a statutory excuse against allegations of illegal working.

Who needs to complete a Right to Work check?

Every employer is expected to check all new employees before they start work, regardless of nationality, background or length of contract. Follow-up checks are required where the individual has time-limited permission or where the initial check relied on a Positive Verification Notice.

How can an employer carry out a Right to Work check?

A check can be completed manually using original documents, online through the Home Office service with a share code or through digital identity verification where the individual holds a valid British or Irish passport. Where Home Office guidance specifies that the online service is the only acceptable method for digital status holders, employers are required to use that route rather than a manual or digital check.

What happens if an employer does not complete a check?

Failure to complete a valid check leaves the employer exposed to civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches. There is also a risk of criminal prosecution in cases where the employer knew or had reasonable cause to believe the individual was not permitted to work. Sponsor licence holders may face additional enforcement action.

Can a job offer be withdrawn if an applicant fails the Right to Work check?

Yes. If an individual cannot provide valid evidence of their permission to work using one of the prescribed methods, the employer is required to avoid employing them. Job offers are typically made conditional on a satisfactory Right to Work check, and this should be set out clearly in recruitment documentation.

Are there any changes following Brexit?

Yes. EU, EEA and Swiss citizens who arrived in the UK after 31 December 2020 generally require immigration status rather than relying on passports or national identity cards. Many hold digital status under the EU Settlement Scheme or as sponsored workers, and employers are expected to check this through the online Home Office service using a share code.

Does a Right to Work check need to be repeated?

Repeat checks are required for individuals with time-limited permission and those where a Positive Verification Notice was used. No repeat checks are required for those with indefinite permission once a valid initial check has been carried out. Where a person’s status moves into digital form, the follow-up check is required to be done through the online service.

What documents are acceptable for a manual Right to Work check?

Only documents in List A or List B are acceptable for manual checks. These include certain passports and Immigration Status Documents. Physical Biometric Residence Permits, Biometric Residence Cards and Frontier Worker Permits are no longer acceptable as standalone evidence and must be checked using the Home Office online service.

Section I: Glossary

Section J: Additional Resources & Links