Right to Work Checks UK: Employer’s Complete Guide

What is a right to work check?

A right to work check is the Home Office-compliant process an employer must complete for every prospective employee before employment starts to obtain a statutory excuse against a civil penalty if illegal working is later found. You can complete the check by one of three approved routes: a manual check of original documents, an online check using a Home Office share code, or an Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT), with follow-up checks required where permission to work is time-limited and copies retained for employment plus two years.

See our article for more information on the Sponsor Licence application

Approved right to work check methods and when to use them

Manual right to work check

• What it is: You inspect the applicant’s original acceptable documents in person and make and keep clear copies.
• When to use: Available to a wide range of individuals who can present original documents in the prescribed formats.
• Key actions:
  • See original documents in the applicant’s presence.
  • Check that the documents are genuine, belong to the person, and that any work restrictions are understood.
  • Make clear copies and record the date you conducted the check.
• Why it matters: Done correctly and before employment begins, a manual check establishes your statutory excuse.

Home Office online check (share code)

• What it is: The applicant generates a share code from the Home Office service and gives you their date of birth; you access their current right to work record online.
• When to use: For individuals whose status can be checked online (for example those with digital status or an eVisa).
• Key actions:
  • Use the share code and date of birth to view the official profile.
  • Confirm the photo matches the applicant and check any work restrictions and expiry dates.
  • Keep evidence of the online check (for example, a copy of the profile page) and record the date you conducted the check.
• Important limitation: British and Irish citizens cannot use the online share code route; they must be checked via original documents or via an IDSP using IDVT.

IDVT via an Identity Service Provider (IDSP)

• What it is: An IDSP uses Identity Document Validation Technology to verify identity documents and provide you with a report.
• When to use: For checks on British and Irish citizens with a valid passport (or Irish passport card).
• Key actions:
  • Use a suitable IDSP and obtain the IDVT report.
  • Ensure the likeness in the report matches the individual you intend to employ.
  • Retain the report and record the date you conducted the check.
• Reminder: The employer remains responsible for the right to work check outcome even when using an IDSP.

A compliant pre-employment workflow

Build a simple, repeatable process that your hiring managers can follow without exception.

• Step 1: Standardise your policy
  • Apply right to work checks to every applicant for every role, regardless of nationality or appearance, and ensure checks are completed before the start date to secure the statutory excuse.
• Step 2: Inform candidates early
  • Explain which check method applies. British and Irish citizens should present an original valid passport (or use IDVT via an IDSP), while individuals with digital immigration status should provide a share code .
• Step 3: Conduct the check
  • Manual: see original documents, confirm they are genuine and belong to the person, note any work restrictions, copy them clearly, and record the date of the check.
  • Online: use the share code to view the Home Office profile, confirm likeness and permissions, save evidence of the check, and record the date.
  • IDVT: obtain and review the IDSP report, confirm likeness, retain the report, and record the date.
• Step 4: Decide start date conditions
  • Do not allow work to commence until the right to work check has been properly completed via one of the approved routes.
• Step 5: File and diarise
  • Store the copies or reports securely on the personnel file and schedule any required follow-up checks before permission expires.

Follow-up checks for time-limited permission

If a worker has time-limited permission to work in the UK, you must carry out a follow-up right to work check before their existing permission expires to preserve your statutory excuse. Build automated reminders well in advance of expiry dates and ask the employee to provide an updated online profile via a new share code or other acceptable evidence available at the time of the check. If the follow-up check is missed or done late, your statutory excuse will lapse from the date permission expires.

Document retention requirements

You must keep a clear copy of the documents you checked (or evidence of the online/IDVT check) securely for the duration of the worker’s employment and for two full years after their employment ends. Ensure the retained evidence clearly shows:

• The individual’s identity and any permission or restriction details as viewed at the time of the check; and
• The date you conducted the check.

Adopt a consistent filing convention so HR teams and auditors can retrieve records quickly. Access should be limited to staff who need it to perform their duties.

Penalties for illegal working

If you employ someone who does not have the right to work and you have not established a valid statutory excuse, you may face a civil penalty of up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for repeat breaches. If you know or have reasonable cause to believe you are employing someone illegally, criminal sanctions include up to 5 years’ imprisonment and an unlimited fine. Completing the prescribed checks correctly, on time, and retaining evidence is your primary protection.

Common compliance pitfalls to avoid

Avoid these frequent errors that undermine the statutory excuse and increase risk:

• Selective checks
  • Do not target checks based on nationality or appearance. Apply the same process to all prospective employees and complete checks before employment starts.
• Missing follow-ups
  • For time-limited permission, failing to conduct a follow-up check before expiry removes your statutory excuse.
• Accepting expired physical BRPs
  • Do not accept expired Biometric Residence Permits as evidence of right to work; use the online check where applicable as individuals move to digital status and eVisas
• Using the wrong method for British and Irish citizens
  • British and Irish citizens cannot use the Home Office online share code service; use original documents or an IDSP with IDVT
• Poor record-keeping
  • Not keeping complete copies and not recording the date of the check makes it difficult to evidence compliance and may lead to penalties

Sponsors: integrating checks with licence duties

If you hold or are considering a sponsor licence, align your right to work process with your wider compliance framework. Consistent pre-employment checks support accurate record-keeping and help you spot visa expiry dates early.

Handling BRPs and eVisas

Physical BRPs have been transitioning to digital status. Expired physical BRPs are no longer accepted as proof of right to work. Where a person has an eVisa or digital immigration status, perform the Home Office online check using their share code and date of birth, confirm likeness and conditions, and retain evidence of the check.