Many employers in the UK are still unaware of when and how they should conduct a Right to Work Check — a key step in ensuring compliance with UK immigration and employment law. Failure to carry out proper checks can lead to serious penalties, including fines and loss of sponsor licence.
Here’s what every employer needs to know.
1. What is a Right to Work Check?
A Right to Work Check is a legal process that employers must complete before employment starts to confirm a person is permitted to work in the UK. It is an employer obligation under the Immigration, Asylum and Nationality Act 2006.
This obligation applies to every individual you intend to employ—regardless of their nationality or background—so that you apply a consistent, non-discriminatory process and avoid illegal working.
There are three prescribed ways to complete a right to work check:
- Manual document check – review original, acceptable documents (see List A/B in Home Office guidance).
- Home Office online check – use the official service with a worker’s share code to view real-time status and any restrictions.
- Digital Verification Service (DVS) check – for British or Irish citizens holding a valid passport (including Irish passport cards) via a certified provider.
2. Who Needs a Right to Work Check?
You must conduct a check for any individual they intend to employ, including:
- British and Irish citizens (via valid passport).
- EU, EEA and Swiss citizens (who must hold immigration status under the EU Settlement Scheme or a valid visa).
- Non-EEA nationals with a UK visa or immigration permission (e.g., Skilled Worker, Student, Graduate, Dependant, etc.).
- Short-term or temporary workers (including interns and contractors working directly for your business).
But you do not need to carry out checks for staff supplied and employed/paid by a third-party agency.
3. When Do Employers Need to Conduct a Check?
You must conduct a Right to Work Check before employment begins.
It is also important to:
- Recheck employees who have time-limited visas or permissions before their current right to work expires.
- Perform checks for all employees, even British citizens, to ensure fairness and consistency in recruitment processes.
Failing to check or recheck at the right time can expose your business to civil penalties of up to £60,000 per illegal worker.
4. How to do the Right to Work Check?
The process as required by Home Office consists of three main steps, which may vary slightly depending on the employee’s nationality and visa type.
Step 1: Obtain Proof of Right to Work
Before the employee starts work, you must request acceptable proof of their right to work, such as:
- For British and Irish citizens – a valid passport or Irish passport card is sufficient proof of both identity and right to work.
- For non-British or non-Irish nationals – request a valid passport and a Right to Work share code, generated via the “eVisas: access and use your online immigration status” service, so you can view their immigration status and work permissions online.
① Find the EVISA login page
② Log in to the eVisa account to obtain Right to Work share code
Step 2: Check the Validity of the Documents
Carefully review the documents or digital information to confirm that:
- The name, photograph, and date of birth are consistent with the person you are hiring
- The documents are genuine, valid, and belong to the individual
- Enter the employee’s share code into the official “Checking a job applicant’s right to work” service to view their photo, any work restrictions, and the expiry date of their permission to work — and save a copy of this verification result
① Search “Right to Work Check” to find the official page.
② Enter the employee’s share code and date of birth to view their Right to Work status.
• The visa conditions or expiry date are consistent with expectations
Step 3: Copy and Retain Records
You must obtain and keep the following documents from the employee:
- A copy of the employee’s passport information page
- The Right to Work Check result page
- A completed and signed Starter Checklist
- The Contract of Employment, signed by both parties
- A completed and signed New Employee Starter Form
- Proof of address
All documents should be stored as clear, unalterable copies (PDF or image format) and include the date the check was completed.
These records must be securely retained:
- For the duration of the employee’s employment, and
- For two years after the employee leaves.
These records serve as the employer’s “statutory excuse”, providing legal protection if the employee is later found to be working illegally.
Right to Work Checks are not just an administrative step — they are a legal safeguard for your business. With immigration systems now largely digital, employers must stay up to date with Home Office rules to avoid compliance risks.
If you’re unsure whether your current process meets legal standards, our compliance team at 7Lex Legal can assist you in reviewing and implementing a fully compliant Right to Work policy for your organisation.
