Every UK employer has a legal duty to confirm that the people they employ have the right to work in the country. Get it right and you gain a statutory excuse that protects you from penalties. Get it wrong and the Home Office can issue a civil penalty of up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches — figures that have been in force since February 2024. With penalties this significant, right to work compliance is no longer a box-ticking exercise.
The rules also cover new ground from October 2026, extending checks beyond traditional employees to contractors and gig workers. That makes this a good moment for employers to review their process and make sure it is watertight.
Summary in Brief
- Right to work checks must be completed before employment begins — a late check provides no protection.
- There are three valid routes: manual document check, online check via share code, or IDVT (Identity Document Validation Technology) for British and Irish citizens with a valid passport or passport card.
- Penalties reach £45,000 for a first breach and £60,000 for repeat breaches — per worker, within a rolling three-year period.
- Records must be kept for the duration of employment and two years after it ends.
- From 1 October 2026, the scheme extends to contractors and gig economy workers under the Border Security, Asylum and Immigration Act 2025.
When Must Employers Conduct Right to Work Checks?
A right to work check must be completed before employment begins, not after. Carrying out the check before the first day is what secures your statutory excuse, so it should be built into your recruitment process rather than treated as an afterthought.
Repeat Checks for Time-Limited Permission
Repeat checks are also needed for anyone with time-limited permission to be in the UK. You should diarise a follow-up check before their current visa or status expiry date so there is no gap in their right to work.
The same rule applies to existing staff, not just new hires. If someone's permission is due to expire, a fresh check carried out before that date keeps your statutory excuse alive. Missing a repeat check is one of the most common ways an otherwise compliant employer loses its protection, because a worker who was perfectly legal at hiring can fall out of status while still on the payroll.
Consistency also protects you if a check is ever questioned. When every new starter goes through the same documented process, you can show the Home Office a clear, uniform procedure rather than a patchwork of ad hoc decisions. Building the check into your standard onboarding — with a fixed step that must be completed before a start date is confirmed — is the simplest way to make sure none is ever missed under the pressure of a busy hiring week.
Good to know
You must carry out a check on every new starter, not only those you assume may need one. Checking only some applicants — for example based on nationality or accent — risks unlawful discrimination. A consistent process applied to everyone is both safer and fairer.
What Documents Prove a Person's Right to Work?
There are two main categories of evidence, and three routes for conducting the check. The right route depends on the individual's immigration status.
1. Manual check. For British and Irish citizens, you inspect original documents from the acceptable list, in the applicant's presence, and keep a dated copy.
2. Online check. For most visa holders, the applicant provides a share code, and you verify their status through the Home Office Employer Checking Service online.
3. Identity Document Validation Technology (IDVT). Certified providers can confirm the identity of British and Irish citizens digitally using a valid passport or, for Irish citizens, a valid passport card.
The GOV.UK guidance on checking a job applicant's right to work sets out exactly which documents are acceptable and which route applies to each status. Documents fall into two groups:
Category | Who it applies to | Examples of acceptable documents |
|---|---|---|
List A (unlimited right) | British & Irish citizens, settled status holders | UK or Irish passport; Irish passport card; certificate of registration or naturalisation as a British citizen; biometric residence permit with no time limit |
List B (time-limited right) | Visa holders, pre-settled status holders | Biometric residence permit with expiry date; share code confirming immigration status via the Home Office online service; frontier worker permit |
Please note
Always cross-check the full official lists before conducting checks — the lists are updated periodically.
How to Conduct a Compliant Right to Work Check
A compliant check follows three clear steps, whether done manually or online. Following them precisely is what gives you the statutory excuse.
Step | Manual check | Online check |
|---|---|---|
1. Obtain | Get original documents from List A or List B | Get a share code from the applicant |
2. Check | Verify validity with the person present | Verify immigration status via the Home Office Employer Checking Service |
3. Copy and keep | Keep a clear, dated copy | Retain the online check record |
Keep records for the duration of employment and for two years afterwards. Digitising onboarding makes this easier: our guide to digital employee onboarding with electronic signatures shows how checks, contracts and records can sit in one secure process.
What Are the Penalties for Failing to Perform Proper Checks?
The Home Office issues civil penalties to employers who cannot show a statutory excuse. Penalties reach £45,000 per worker for a first breach within a rolling three-year period, and £60,000 for repeat breaches within that same period — and they apply per worker, so several workers mean several fines.
Beyond the Fine: Wider Consequences
Beyond the financial hit, non-compliance can bring reputational damage, loss of a sponsor licence and, in serious cases of knowingly employing someone illegally, criminal prosecution carrying a maximum sentence of 5 years' imprisonment and/or an unlimited fine. A robust, well-documented process is the only reliable protection.
The Home Office also publishes quarterly details of penalised employers, so the reputational cost can outlast the fine itself. For businesses that rely on a sponsor licence to recruit from overseas, a compliance failure can jeopardise the licence and, with it, the ability to hire the international talent the business depends on. Seen in that light, a few minutes spent completing a check correctly is a small price for the protection it buys.
Keeping Your Process Under Review
It also pays to keep your process under review as the rules evolve. Acceptable documents, the online service and the categories of worker covered have all changed in recent years, so a process written even two years ago may already be out of date. Assign someone clear responsibility for keeping your right to work procedure current, especially ahead of the October 2026 extension.
Right to work compliance — quick audit
Check completed before the employee's first day
Correct route used (manual, online share code, or IDVT)
Original documents inspected in person (manual route)
Clear, dated copy retained
Repeat check diarised for time-limited permission holders
Process applied consistently to every new starter
Contractor and agency arrangements reviewed ahead of October 2026
Important
A genuine statutory excuse depends on doing the check correctly and before employment starts. A check completed late, or with the wrong documents, will not protect you even if the worker turns out to have the right to work.
Are There Upcoming Changes to Right to Work Checks?
Yes, and they are significant. Under Section 48 of the Border Security, Asylum and Immigration Act 2025, the right to work scheme will formally extend from 1 October 2026 beyond employees to cover contractors, gig economy workers and other non-traditional arrangements. Businesses in sectors such as construction, courier services, food delivery and warehousing will need to prevent illegal working by checking individuals they previously treated as outside the regime.
This widens exposure considerably for anyone using agency labour, subcontractors or platform workers. Reviewing your labour supply chain now — before the change takes effect — avoids a scramble later. For cross-border and remote hires, our guide to digital nomad employment contracts covers related legal considerations, and our advanced electronic signature guide explains higher-assurance signing where identity confidence matters most.
Frequently Asked Questions About Right to Work Checks
Do I need to check British citizens?
Yes. You must carry out a right to work check on every new starter, including British and Irish citizens. Applying the check consistently to everyone protects you from both penalties and discrimination claims.
Can right to work checks be done remotely?
Often, yes. Online checks using a share code are done digitally, and certified Identity Document Validation Technology (IDVT) allows remote checks for British and Irish citizens with a valid passport or, for Irish citizens, a valid passport card. Some manual checks still require you to see original documents in person.
How long should I keep right to work records?
Keep a clear, dated copy for the full period of employment and for two years after it ends. Without a retained record you cannot demonstrate a statutory excuse if the Home Office asks.
What changes on 1 October 2026?
Under the Border Security, Asylum and Immigration Act 2025, the scheme extends to contractors and gig economy workers — so many businesses will need to check people they previously did not. Review your contractor and agency arrangements well before the deadline.
What is the Home Office Employer Checking Service?
The Employer Checking Service is the official online portal used to verify the immigration status of job applicants who cannot provide the standard documents — for example, those with an outstanding application or appeal with the Home Office. You submit a request online and receive a Positive Verification Notice if the person has the right to work.
Keep Your Right to Work Checks Compliant
Right to work checks protect your business from penalties that now reach £60,000 per worker within a rolling three-year period. Check every new starter before they begin, use the correct route for their immigration status, keep dated records, and diarise repeat checks for time-limited permission holders. With the scheme widening to contractors and gig workers from October 2026, a consistent, well-documented process that helps prevent illegal working matters more than ever.
Bringing checks, contracts and onboarding into one secure digital flow reduces the risk of a missed step and keeps your records ready for inspection.
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