Right to Work Checklist for Employers

Right to work checks are a legal requirement for UK employers to ensure that employees have permission to work in the UK. These checks help prevent illegal working and protect businesses from potential penalties.

Each individual must prove their Right to Work before they start employment. Employers must perform appropriate checks on all employees – this includes British nationals, EU citizens and non-EEA nationals, before they commence employment to verify their permission to undertake the work in question – whether they will be working on a permanent or temporary basis. If an individual has temporary permission to work in the UK, you are required to carry out follow up checks to verify their continued Right to Work.

Under the Home Office’s Right to Work guidance, there are a number of ways to check someone’s eligibility to work, including manual document checks, digital checks, online share code checks and checks using the Home Office Employer Checking Service. The type of check required will depend on factors such as on the individual’s immigration status.

Failure to carry out the necessary checks and to maintain adequate records can result in enforcement action against the employer. Failure to meet these duties could open your organisation up to a Home Office civil penalty for illegal employment of up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches. You also risk criminal sanctions, among other ramifications.

Your organisation should be able to defend any allegations by the Home Office that an individual is being employed illegally if you can show you have met the prescribed compliance duties. The type of defence (also called the ‘statutory excuse’) available to you will depend on the circumstances, and you are advised to take professional guidance on your options if you are facing a civil penalty for illegal employment.

In this guide, we focus on the right to work checklist for manual document checks and the documents that are acceptable to evidence the right to work.

 

Types of right to work checks

 

There are a number of ways employers may discharge their duty to prevent illegal working:

 

Digital Right to Work checks using IDSPs are for British and Irish nationals with valid in-date passports. These checks are conducted through Identity Service Providers (IDSPs) that verify documents digitally. This method is optional but provides a secure way to verify identity.

Online Right to Work checks using share codes are required for individuals with an eVisa, status under the EU Settlement Scheme (EUSS) and previously Biometric Residence Permits (BRP) or Biometric Residence Cards (BRC)). Workers generate a share code via the Home Office online service, which employers use to confirm their work eligibility.

The Home Office’s Employer Checking Service is used when an individual cannot provide standard documents, such as those awaiting a decision on an immigration application, appeal, or administrative review. Employers must request a Positive Verification Notice (PVN) from the Home Office to confirm work status.

This leaves manual Right to Work document checks, which are for to British and Irish citizens who do not use digital checks, as well as individuals with paper-based immigration status (e.g., old-style Immigration Status Documents or Certificates of Naturalisation). Employers must inspect original documents in person and verify their authenticity.

 

Right to work checklist for manual checks

 

Home Office guidance specifies three steps to conducting compliant manual document checks:

 

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 different categories of ‘acceptable’ documents which deal with different types of permission and working status:

 

List A

 

After the initial pre-employment check, you will not be required to carry out any further Right to Work checks on this person, as your organisation will have a continuous statutory excuse for the full duration of the person’s employment with you.

 

List B Group 1

 

You have a time-limited statutory excuse which expires when the person’s permission to be in the UK expires. You should carry out a follow-up check when the document evidencing their permission to work expires.

 

List B Group 2

 

You have a time-limited statutory excuse which expires 6 months from the date specified in your Positive Verification Notice. This means that you should carry out follow up checks before this notice expires.

 

2. Check the validity of the Right to Work documents

 

You must check that the documents are genuine and that the person presenting them is the prospective employee or employee, the rightful holder and allowed to do the type of work you are offering.

You must check:

 

• Photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation.
• Expiry dates for permission to be in the UK have not passed (if applicable).
• Any work restrictions to determine if they are allowed to do the type of work on offer.
• The documents are genuine, have not been tampered with and belong to the holder.
• The reasons for any difference in names across documents e.g. original marriage certificate, divorce decree absolute, deed poll.

 

 

3. Copy the documents provided

 

You then have to make a formal record of the documents you have checked.

Each document has to be copied at the time the check is made. The copy must be clear, and in a format which cannot be altered or edited at a later date.

You must also record the date the check was made.

The copy then has to be retained securely by your organisation, either electronically or in hardcopy:

 

• Passports: any page with the document expiry date, nationality, date of birth, signature, leave expiry date, biometric details and photograph, and any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question.
• All other documents: the document in full, both sides of a Biometric Residence Permit.

 

This evidence must be retained for the duration of the individual’s employment and for a further two years after they stop working for your organisation.

 

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. Instead, they must now provide proof of their immigration status, such as having pre settled status, EU settled status or a Skilled Worker visa.

 

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

 

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

 

 

Document	Description
British Passport	A current or expired passport confirming British citizenship or UK and Colonies citizenship with the right of abode.
Irish Passport or Passport Card	A current or expired passport or passport card confirming Irish citizenship.
Document from Jersey, Guernsey, or Isle of Man	Verified by the Home Office Employer Checking Service, confirming unlimited leave to enter or remain under the relevant Appendix EU rules.
Passport with Indefinite Leave to Remain	A current passport endorsed to show the holder is exempt from immigration control, has the right of abode, or has no time limit on their stay.
Immigration Status Document + NI Number	Issued by the Home Office confirming indefinite leave to remain, accompanied by a permanent National Insurance number.
UK Birth or Adoption Certificate + NI Number	A UK birth or adoption certificate (short or long) with a permanent National Insurance number from a government agency or previous employer.
Channel Islands, Isle of Man, or Irish Birth/Adoption Certificate + NI Number	A birth or adoption certificate from these locations, accompanied by a permanent National Insurance number.
Certificate of Registration/Naturalisation + NI Number	A British citizenship certificate with a permanent National Insurance number.

 

 

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

 

 

Document	Description
Passport with Work Endorsement	A current passport endorsed to show the holder is allowed to stay and work in the UK.
Jersey, Guernsey, or Isle of Man Limited Leave Document	Verified by the Home Office Employer Checking Service, confirming limited leave under relevant Appendix EU rules.
Immigration Status Document + NI Number	Issued by the Home Office, confirming limited leave to stay and work in the UK, with a permanent National Insurance number.

 

 

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

 

 

Document	Description
EU Settlement Scheme Application Before 30 June 2021 + Positive Verification Notice	Proof of an application for leave under Appendix EU before the deadline, verified by the Home Office Employer Checking Service.
Certificate of Application (Non-Digital) + Positive Verification Notice	Issued for EU Settlement Scheme applications made on or after 1 July 2021, with verification from the Employer Checking Service.
Jersey, Guernsey, or Isle of Man Application + Positive Verification Notice	Proof of an application under relevant Appendix EU rules, verified by the Employer Checking Service.
Application Registration Card + Positive Verification Notice	Issued by the Home Office, confirming the holder is permitted to take the employment in question.
Positive Verification Notice from Home Office Employer Checking Service	Confirmation that the named person may stay in the UK and work legally.

 

 

Follow up & repeat checks

 

Where an individual presents documents from List A, no further document checks will be required during the course of their employment with your organisation.

Repeat checks are however required if the individual has presented documents from List B, ie where there is a time limitation or restriction on their right to work. Document checks must be carried out every 12 months (at least) take place or on expiry of the individual’s visa, whichever is sooner.

Where the employee presents a document from List A during a repeat check, then no further checks will be required during the course of their employment.

Guidance issued in November 2022 by the Home Office reiterates that right to work checks should be carried out when a sponsored worker begins a new role, even where the role is for the same sponsor. The check should be conducted after the UKVI application has been approved.

 

Loss of Right to Work

 

If during a repeat check you become aware that an employee no longer has the Right to Work, 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.

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 employment law issues, such as unfair dismissal or discrimination claims.

Take advice on the circumstances to ensure you remain compliant with your duties.

 

Need assistance?

 

Employers are advised to take professional guidance to ensure their right to work checks are compliant under the relevant rules, to ensure the statutory excuse is available in the event of any allegations of illegal working.

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.

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.

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.

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.

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.

 

Right to Work checklist FAQs

 

What is a Right to Work check?

A Right to Work check is a process employers must carry out to confirm an individual is legally allowed to work in the UK. It helps prevent illegal working and ensures compliance with immigration laws.

 

Who needs to complete a Right to Work check?

All employers must conduct checks on new employees before they start work, regardless of nationality. Follow-up checks may be required for individuals with time-limited immigration status.

 

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

Checks can be done manually by reviewing original documents, online through the Home Office checking service, or via a digital identity verification process for certain documents.

 

What happens if an employer does not complete a check?

Failing to conduct a proper check can result in penalties, including fines and potential criminal liability. It may also lead to reputational damage and compliance issues.

 

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 right to work, an employer is legally required to withdraw the job offer.

 

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 verification rather than relying solely on passports or national identity cards.

 

Does a Right to Work check need to be repeated?

For individuals with limited leave to remain, employers must conduct a follow-up check before their permission to work expires. Those with indefinite leave or settled status typically do not require further checks.

 

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

The Home Office provides an official list, including passports, Biometric Residence Permits, and other immigration documents. Employers should refer to the latest guidance to ensure compliance.

 

Glossary

 

 

Term	Definition
Right to Work Checklist	A list of steps and required documents employers must follow to verify an individual’s legal right to work in the UK.
Right to Work Check	The process of confirming an employee’s eligibility to work in the UK, either manually, online, or through digital verification.
Employer’s Statutory Duty	A legal obligation for employers to conduct Right to Work checks to prevent illegal working.
Manual Check	A method of verifying an individual’s right to work by inspecting original documents in person.
Online Right to Work Check	A digital method using the Home Office online service to verify an individual’s work eligibility, often used for those with a biometric immigration status.
Share Code	A unique code generated by the Home Office online service that allows employers to check an individual’s immigration status digitally.
Illegal Working	Employment of individuals who do not have the legal right to work in the UK, which can result in penalties for employers.
Civil Penalty	A fine imposed on employers who fail to conduct proper Right to Work checks, potentially reaching up to £20,000 per illegal worker.
List A Documents	Documents that prove an individual has a permanent right to work in the UK, requiring no further checks.
List B Documents	Documents that show a time-limited right to work, requiring follow-up checks before the expiry date.
Follow-up Check	A check conducted by an employer for individuals with limited leave to remain, ensuring they still have the right to work before their status expires.
Settled Status	An immigration status granted under the EU Settlement Scheme, allowing EU, EEA, and Swiss citizens to live and work in the UK indefinitely.
Pre-settled Status	A temporary immigration status under the EU Settlement Scheme for EU, EEA, and Swiss citizens who have not yet obtained settled status.
Digital Identity Verification	A method of confirming identity and work eligibility remotely using an Identity Service Provider (IDSP).
Home Office Guidance	Official government instructions outlining how employers should conduct Right to Work checks and stay compliant with regulations.