Right to Work Documents: Which Are Acceptable in 2026?

Section A: What are Right to Work Documents?

Right to Work documents are official records that confirm an individual’s legal entitlement to work in the UK. They act as evidence that a person has either an unrestricted right to work, such as British or Irish citizens and those with indefinite status, or time-limited permission under the UK immigration rules. Employers are legally required to check these documents before hiring any worker in order to comply with immigration law and to prevent illegal working.

Right to Work requirements apply to all workers, regardless of nationality. That includes British citizens, settled residents, Irish citizens and those with time-limited permission to work under visas or other grants of leave. The Home Office sets out detailed rules on which documents are acceptable, how they should be checked and what records employers should retain. These rules are not optional. They sit alongside wider duties under the prevention of illegal working regime and form a key part of any organisation’s compliance framework.

1. Types of Right to Work documents

The legal framework distinguishes between individuals who have a permanent right to work and those with time-limited permission. In practice, this is reflected in two Home Office categories known as List A and List B. List A documents show that a person has an ongoing right to work and, once checked correctly, no repeat checks are needed. List B documents relate to people with a time-limited right to work and trigger a requirement for follow-up checks before their permission expires.

Right to Work documents are no longer limited to traditional passports and paper records. Many non-UK, non-Irish nationals now hold digital immigration status rather than physical documents. Their Right to Work is proved through an online record, accessed using a share code they generate from their UKVI account. British and Irish citizens, by contrast, generally rely on physical documents such as passports or birth certificates and may also be checked using an Identity Service Provider where the guidance allows.

2. How Right to Work documents are checked

The method used to check Right to Work documents depends on the individual’s status. Employers may carry out a manual check of original acceptable documents, use the Home Office online Right to Work checking service where the person has digital status, or use approved Identity Document Validation Technology for eligible British and Irish passport holders. These methods are not interchangeable in every case. Most holders of Biometric Residence Permits and EU Settlement Scheme status are required to use the online service, while British and Irish citizens cannot use that route and instead rely on manual or IDVT checks.

Right to Work documents and the way they are checked have also been affected by the move from Biometric Residence Permits to eVisas. Physical BRP cards are now treated as legacy evidence and cannot on their own provide a statutory excuse for new Right to Work checks. For those with digital status, it is the online Home Office record that carries legal weight, not the plastic card. Employers should ensure they understand when a document is simply a gateway to an online check rather than acceptable evidence in its own right.

3. Why Right to Work documents matter for employers

Carrying out a proper Right to Work document check gives the employer a statutory excuse against a civil penalty if the person is later found to be working illegally. Failing to conduct checks, relying on the wrong type of document, or recording the check inaccurately exposes the employer to substantial risk. Civil penalties can now reach up to £45,000 per illegal worker for a first breach and £60,000 per worker for repeat breaches, alongside potential criminal liability where the employer knew or had reasonable cause to believe the individual did not have the right to work. For sponsors, there is an additional risk of licence suspension or revocation, which can be far more damaging than the fine itself.

4. Risks of getting Right to Work documents wrong

Employers who fail to check Right to Work documents correctly face significant legal and commercial risk. Civil penalties for illegal working can reach tens of thousands of pounds per worker, with higher figures for repeat breaches. The Home Office can also consider criminal prosecution where it believes the employer knew, or had reasonable cause to believe, that a person did not have the right to work. For sponsor licence holders, Right to Work failures frequently trigger licence downgrades, suspensions or revocations, which can affect the whole workforce.

There are also wider consequences that are less visible in the guidance. A civil penalty or adverse finding is logged on Home Office systems and can influence future interactions, including sponsor licence applications, renewals and visits. Insurers, regulators and larger clients may take a dim view of any history of illegal working, particularly in regulated sectors. For that reason, understanding exactly which documents are acceptable, and how they should be checked and recorded, is not just a technical compliance exercise. It goes directly to organisational risk management, workforce planning and the ability to recruit and retain talent lawfully.

Section B: Right to Work Documents – List A and List B

The Home Office divides acceptable Right to Work documents into two categories, known as List A and List B. These lists guide employers on whether a worker has an ongoing right to work or a time-limited permission that requires further checks. The distinction matters because it determines whether the employer needs to diarise a follow-up check and how long the statutory excuse lasts. List A documents provide long-term protection. List B documents require careful tracking to avoid gaps once the worker’s permission expires.

In practice, the lists sit alongside the shift to digital status for many non-UK nationals. Physical documents are still relevant for some groups, such as British and Irish citizens, but much of the evidence that previously fell under the List B categories is now accessible through the Home Office online checking service. This means employers should look at the lists with an understanding that certain physical documents no longer create a statutory excuse, even if they once did, because the Home Office now requires an online check.

1. List A: Documents showing a permanent right to work

List A documents confirm that the individual has an ongoing right to work in the UK. Once a List A check is completed correctly, no further checks are required for that employee. These documents typically relate to British citizenship, Irish citizenship or indefinite rights under UK immigration law. Physical documents remain the accepted form of evidence for these groups and can be checked manually or verified digitally where IDVT is available for eligible British and Irish passport holders.

The following table reflects the standard examples of List A documents. It summarises the categories that typically establish an unrestricted right to work, although employers should always refer to the current Home Office guidance for the full list.

Where a List A document is provided, the employer can retain the copy securely, record the date of the check, and place it on file with no further action needed. This is one of the safer compliance categories for employers because it removes the need for diary alerts or repeat checks later. Employers should still follow the prescribed steps for copying, storing and retaining the evidence, as set out in later sections, to maintain the statutory excuse.

2. List B – Group 1: Time-limited right to work

List B Group 1 applies to individuals with time-limited permission to work and a clear expiry date on their leave. An employer who completes the initial check correctly gains a statutory excuse that lasts until the expiry date. It is then the employer’s responsibility to carry out a follow-up check shortly before that date. Failure to do so can leave the business exposed if the worker’s permission has changed.

Many roles that used to rely on physical visa endorsements now fall within the online checking system. Skilled Workers, Health and Care Workers, Global Business Mobility workers and most other sponsored routes hold digital status that is verified through a share code. For these individuals, the physical BRP or vignette is no longer acceptable as the evidence for a statutory excuse, even if the worker still holds the card.

The table below reflects the traditional examples of Group 1 documents as summarised from the Home Office list, but employers should treat some physical documents as triggers to complete an online check rather than as standalone evidence.

Group 1 covers the most straightforward of the time-limited categories because the expiry date is shown clearly. Employers should diarise the follow-up check and carry it out using the correct method for the individual’s status at that point. This often means verifying the digital status via the online service rather than relying on any physical document presented at the initial check.

3. List B – Group 2: Pending applications and other limited evidence

Group 2 applies where the individual cannot provide acceptable documents because they have an outstanding application, administrative review or appeal with the Home Office. In these cases, employers must use the Employer Checking Service (ECS) and obtain a Positive Verification Notice. A Positive Verification Notice provides a statutory excuse for six months from the date of issue. A follow-up check is then required, either by repeating the ECS process or by checking the person’s new digital status if the Home Office has granted their application.

Group 2 categories are often encountered where a person has applied to extend their visa in the UK or submitted an application under the EU Settlement Scheme after 30 June 2021. Some of these individuals will not yet be supported by the online service and therefore cannot generate a share code, in which case the ECS route is the only compliant option during that period. However, where an individual is an eVisa holder and the online service supports in-time applications, you should use a share code and the online service instead, which will normally give a six-month statutory excuse.

The table below reflects the standard examples of Group 2 documents as summarised from the Home Office list.

Group 2 situations tend to create the highest operational risk because the employer has no direct documentary evidence and must rely on the ECS process. Delays in obtaining a Positive Verification Notice can impact start dates and workforce planning, so employers should make these requests early and check that their onboarding workflow does not allow a worker to begin before the ECS response is received.

Section C: Types of Right to Work Checks

Conducting a Right to Work check is a legal obligation for UK employers. The method used depends on the individual’s nationality and immigration status: a manual check of original acceptable documents, an online check using the Home Office service for those with digital status, and a digital check using Identity Document Validation Technology for certain British and Irish citizens, or the Employer Checking Service. These methods are not interchangeable in every case. Employers need to select the route that the guidance allows for that category of worker in order to secure a statutory excuse.

1. Manual Right to Work checks

A manual Right to Work check involves reviewing original physical documents in the presence of the individual and deciding whether the documents appear genuine and belong to that person. In practice, manual checks are now largely confined to British and Irish citizens and certain limited scenarios such as new arrivals starting work while they still hold a short-validity entry vignette. Non-British, non-Irish workers with digital immigration status are expected to use the Home Office online service instead of presenting physical cards or letters.

To carry out a compliant manual check, the employer should follow three key steps. First, obtain original documents from the lists of acceptable documents, such as a British or Irish passport, or a UK birth or adoption certificate combined with National Insurance evidence. Photocopies or scans supplied by the worker are not acceptable for a manual check. Second, check the documents carefully in the presence of the individual, looking at photographs, dates of birth, expiry dates and any work restrictions to ensure they are consistent and that the person in front of you is clearly the rightful holder. Any differences in names should be explained with supporting documents like a marriage certificate or deed poll.

The third step is to make and retain clear copies of the documents. For passports, the employer should copy the page showing the photograph and personal details and any page with immigration endorsements that are relevant to the Right to Work. For other documents, the full document should be copied. The employer should record the date of the check on the copy and store it securely for the duration of employment and for at least two years after the employment ends, after which it should be destroyed securely. These records are what the Home Office will expect to see if they later review the employer’s compliance.

Read our comprehensive guide to Right to Work checks here >>

2. Online Right to Work checks

The Home Office online Right to Work service is used for individuals who hold digital immigration status, including most holders of Biometric Residence Permits and Biometric Residence Cards, status under the EU Settlement Scheme, many visa routes that now issue an eVisa and other categories where immigration status is held electronically. For these workers, the plastic BRP or other physical card no longer provides a statutory excuse for a new Right to Work check. It is the online record that carries legal weight.

An online check starts with the individual generating a share code from their UKVI account through the government portal and giving that code, together with their date of birth, to the employer. The employer then goes to the “Check a job applicant’s right to work” page on GOV.UK, enters the share code and date of birth, and views the person’s immigration status. The online result will show whether the person has the right to work, any time limits on their permission and any restrictions on the type of work they can do.

The employer should confirm that the photograph displayed in the online service matches the individual who is presenting themselves for work. This can be done in person, or via a live video link where that is practical, but employers should be confident that identity checks are robust and that the person they see is clearly the same as the person in the online record. The employer should then download or print the profile page showing the individual’s status and record the date on which the check was carried out. That record should be retained securely for the duration of employment and for two years afterwards.

British and Irish citizens are not able to use the Home Office immigration status online service because they do not hold digital immigration status. For those workers, employers should rely on a manual check or, where suitable, a digital check through an Identity Service Provider as explained below.

Read our comprehensive guide to Share Code Right to Work Checks here >>

3. Using Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP)

Identity Document Validation Technology allows certain Right to Work checks to be carried out digitally by an Identity Service Provider. This route is currently available for British and Irish citizens who hold a valid passport or Irish passport card. It does not apply to non-British, non-Irish nationals or to workers who rely on an eVisa or other digital immigration status. For those individuals, the online Home Office service remains the correct route.

Where an employer chooses to use an IDSP, they should select a provider that uses a digital identity verification service meeting the standards recommended in the official guidance. The worker will usually submit images of their passport or passport card through the provider’s system. The IDSP then uses technology and, in many cases, human review to confirm that the document appears genuine and that it belongs to the person who submitted it. The provider supplies the employer with a report confirming the level of confidence achieved in the identity check.

Even when an IDSP is involved, responsibility for compliance stays with the employer. The employer should ensure that the person who starts work is the same person whose identity was checked, for example by comparing the person in front of them with the photograph from the IDSP report. The employer should retain the IDSP output and record the date of the check, in the same way as for manual and online checks, and should make sure their contract and internal policies reflect that the IDSP’s role is to support, not replace, the employer’s own obligations.

Read our comprehensive guide to digital Right to Work checks here >>

4. Employer Checking Service

The Employer Checking Service is used when a worker cannot provide acceptable documents or digital status because they have an outstanding Home Office application, appeal or administrative review. In these situations, because you cannot carry out a manual or online check using acceptable documents or a share code, the ECS becomes the only compliant option to establish a statutory excuse. The request is submitted through the Home Office portal and requires accurate details about the worker, the type of application they have made and the role they will be undertaking. If the Home Office can verify an ongoing right to work, it will issue a Positive Verification Notice. This notice gives the employer a statutory excuse for six months and should be kept on file with a clear diary reminder for a follow-up check.

Delays can occur, so employers should make the ECS request as early as possible and ensure no employment starts until the PVN is received. Relying on emails from workers, application screenshots or other informal evidence will not protect the employer if the Home Office later alleges illegal working. For organisations with regular visa-dependent hires, building the ECS process into onboarding and identifying early warning signs of pending applications can reduce risk and avoid operational disruption.

Read our comprehensive guide to the Employer Checking Service here >>

5. Follow-up and repeat Right to Work checks

Follow-up checks are required where the individual has time-limited permission to work and the employer relied on List B evidence. For List B Group 1 cases, the statutory excuse runs until the expiry date of the permission shown in the documents or online record. For Group 2 cases, the Positive Verification Notice usually provides a six-month window of protection. Employers should diarise these dates at the point of the initial check and review them regularly so that follow-up checks are planned, resourced and carried out on time.

A follow-up check is carried out using the method that is appropriate for the person’s status at that time. This may mean moving from a manual check based on a short-validity vignette to an online check once the individual has created their UKVI account and can generate a share code. In other cases, where a person with an outstanding application was initially checked through the Employer Checking Service, the follow-up may be an online check once their digital status has been granted.

If a follow-up check shows that the person no longer has the right to work, or if the worker is unable to demonstrate that they still have permission, the employer is expected to take prompt and reasonable steps. That will usually involve pausing or terminating employment in line with contractual terms and seeking further guidance where necessary. If there is evidence that an application has been submitted and the person is likely to have an ongoing right to work, an Employer Checking Service request can help to clarify the position and may provide a further statutory excuse if a Positive Verification Notice is issued.

Section D: How to use Right to Work Documents for Checks

Using Right to Work documents correctly is central to securing a statutory excuse. Employers need a practical, repeatable approach that sets out what documents are acceptable, how they should be checked and what evidence needs to be kept. A manual document check remains a core method for British and Irish citizens and for limited scenarios where short-validity entry vignettes are presented before the worker moves onto digital status. Getting the detail right matters because small errors, such as accepting a photocopy or recording the wrong date, can undermine the entire check.

A manual check starts with timing. It should always be completed before employment begins and ideally before any contractual arrangements are finalised. The employer asks the individual to bring original documents from List A or List B. Documents must be seen in their physical form. Photocopies, scans or digital images sent in advance can help with early screening but they are not acceptable evidence for the check itself.

Once the original documents are provided, the employer examines them in the presence of the individual. The task is to decide, on a reasonable basis, whether the documents appear genuine and belong to the person in front of you. Photographs, dates of birth and signatures should be consistent across documents. Expiry dates should be checked carefully, and any work restrictions should be read in full. If names differ, the individual should provide supporting evidence such as a marriage certificate, deed poll or adoption document so that the employer can make a clear link between documents.

The employer then takes clear, legible copies of the documents. For passports, copy the page with the photograph and personal details and any page showing immigration endorsements. For birth or adoption certificates, copy the full certificate. Where the evidence includes a National Insurance number, the full document containing that number should be copied. Each copy should state the date on which the check was carried out. This can be written on the copy itself or recorded through an electronic timestamp where internal systems allow for that.

Employers should keep these copies securely for the duration of employment and for two years after the worker leaves. After that point, the records should be destroyed in a way that protects personal information. During the retention period, employers need to be able to produce the records promptly if the Home Office requests them. For organisations with high volumes of recruitment, naming conventions and structured folders help staff find evidence quickly during an audit.

Consistent processes reduce risk. Using a standard checklist for every manual check helps to ensure that nothing is overlooked and that any follow-up action, such as diarising a repeat check for List B cases, is identified immediately. Internal training ensures that managers know what genuine documents look like and how to escalate concerns about authenticity. When used properly, manual Right to Work documents provide employers with strong, long-term protection and a clear audit trail that can withstand Home Office scrutiny.

Section E: Summary

Right to Work documents underpin every lawful hiring decision in the UK. For employers, the key is not only knowing which documents are acceptable but also matching each worker to the correct checking route, whether that is a manual check for British or Irish citizens, an online check for those with digital immigration status or a permitted IDVT route. The lists in this guide show how List A and List B documents operate in practice and how they link directly to the duration of the statutory excuse.

The move towards eVisas and online status has shifted the emphasis away from physical cards and endorsements and onto the Home Office digital record. Employers now need clear processes that distinguish between legacy evidence and current proof, that capture online results correctly and that diarise follow-up checks where permission is time-limited. Treating every new starter in a consistent way, and documenting each stage of the check, reduces the risk of gaps that can later be exposed in a Home Office audit.

Ultimately, Right to Work documents are more than a checklist. They form part of wider governance around recruitment, workforce planning and sponsor licence management. Employers who invest in robust systems, staff training and regular internal audits put themselves in a stronger position, both to defend against allegations of illegal working and to respond quickly to further changes in Home Office policy and procedure.

Section F: Need Assistance?

Because the consequences of an incorrect check can be significant, many organisations choose to take professional advice when designing or reviewing their internal procedures. This can help ensure that the right documents are being checked, that methods are being used correctly and that statutory excuse protection is preserved. It also gives employers confidence that their systems align with current guidance, particularly where they operate in high-volume or multi-site environments.

If you have a question about any aspect of Right to Work compliance, our team can provide practical and legally accurate guidance on the steps employers should take to remain compliant. Professional advice can also help ensure that your organisation is prepared for Home Office scrutiny, that audit trails meet the required standards and that any risks identified through internal review are addressed before they escalate. For tailored help with Right to Work checks or wider business immigration issues, contact us.

Section G: Right to Work Documents FAQs

What are Right to Work documents?

Right to Work documents are official forms of identification and immigration status evidence that show a person is allowed to work in the UK. Employers are required to check these documents before employment starts to secure a statutory excuse against civil penalties if the Home Office later alleges illegal working.

Who is responsible for carrying out Right to Work checks?

The legal responsibility sits with the employer. Even if recruitment or onboarding tasks are outsourced, the Home Office will still treat the employer as accountable for ensuring that checks are carried out correctly, on time and recorded in line with the guidance.

Can an employer accept copies or scans of documents for a manual check?

No. For manual checks, the employer needs to see original documents from the acceptable lists in the presence of the individual. Copies, scans or screenshots provided by the worker are not enough for a statutory excuse. Once the original has been checked, the employer takes and keeps a clear copy and records the date of the check.

What is the difference between List A and List B documents?

List A documents show that a person has an ongoing right to work in the UK. Once checked correctly, no repeat checks are required. List B documents relate to people with time-limited permission to work and trigger a follow-up check before the permission expires. List B is split into Group 1 and Group 2, with different rules on how long the statutory excuse lasts.

Do Biometric Residence Permits still count as Right to Work evidence?

Physical Biometric Residence Permits are now treated as legacy evidence and cannot be relied on for a statutory excuse in new checks. For most BRP and similar status holders, employers should use the Home Office online Right to Work service, using a share code generated from the worker’s UKVI account, and keep a copy of the online profile page as evidence.

Can expired documents be used for a Right to Work check?

Some expired documents are acceptable, others are not. For example, expired British and Irish passports can still be used for manual checks. Expired BRPs, however, cannot be used as evidence for a manual check, although they may help the individual access their UKVI account and generate a share code. Where there is any doubt, employers should refer to the latest Home Office list of acceptable documents.

Can a National Insurance number on its own prove the Right to Work?

No. A National Insurance number alone is not proof of the Right to Work. It can support certain combinations of documents, such as a birth certificate or an Immigration Status Document, but it does not by itself confirm that a person has permission to work.

What Right to Work documents can a British or Irish citizen provide?

British and Irish citizens commonly provide a passport or, for Irish citizens, a passport card. A UK or Irish birth or adoption certificate combined with an official document showing the person’s permanent National Insurance number is also acceptable. Employers may also use an Identity Service Provider to carry out checks for eligible British and Irish passport holders where that route is available.

What is a share code and when is it used?

A share code is a unique code generated from a person’s UKVI account that allows an employer to view their Home Office immigration record through the online Right to Work service. It is used for individuals with digital status, such as EU Settlement Scheme status, many visa holders and those who previously held BRPs. The employer uses the share code and the person’s date of birth to access and download the status profile.

How long should employers keep Right to Work check records?

Employers should keep copies of Right to Work evidence, whether from a manual, online or IDVT check, for the duration of the individual’s employment and for at least two years after employment ends. After that period, the records should be destroyed securely. The Home Office expects employers to be able to produce these records promptly if requested.

Do employers need to re-check staff who already have List A evidence on file?

No. Where an employer has already carried out a compliant List A check, there is no requirement to re-check that individual while they remain in continuous employment with the same employer. Repeat checks are only required for those whose status was checked using List B evidence, or in specific scenarios such as certain TUPE transfers where additional guidance applies.

What happens if an employer does not conduct the correct Right to Work checks?

If the Home Office finds that an employer has employed someone who does not have the Right to Work, and the employer cannot show a compliant check was carried out, the employer may face a civil penalty of up to £45,000 per illegal worker for a first breach and up to £60,000 per worker for repeat breaches. In more serious cases, criminal sanctions and sponsor licence action are also possible.

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

Yes. If an applicant cannot show that they have the Right to Work, and the employer is not able to obtain a Positive Verification Notice from the Employer Checking Service, the employer is expected to withdraw or not confirm the job offer. Continuing with employment in those circumstances exposes the organisation to enforcement action and civil penalties.

Section H: Glossary

Section I: Additional Resources & Links