Employer Right to Work Checks

What is a right to work check?  

A right to work check confirms that a worker has a legal right to work in the UK. The check considers any conditions on that right to work for the job role they are due to start. 

How do employers check right to work in the UK? 

When employing any worker, regardless of their nationality or background, you are obligated to ensure they have the right to work in the UK before they start employment. 

You can carry out a right to work check in various ways depending on the circumstances, including a manual check of an original physical document from the Home Office list, an online check using the Home Office service where available, or by obtaining confirmation through the Home Office Employer Checking Service.

Why are right to work checks important?

Employers could face sanctions if they hire someone who does not have the right to work. These can include a civil penalty (up to £60,000 per worker), closure of a business site, a criminal conviction, and loss of a sponsor licence (for sponsors). 

By conducting a right to work check properly and retaining the evidence, an employer will have a statutory excuse if they unknowingly employ a worker without the right to work, this will protect an employer from a civil penalty for a certain length of time, depending on the circumstances. 

Who needs a right to work check? 

Employers must complete a right to work check for all workers they are directly hiring. Workers of all nationalities require checks including British and Irish nationals. 

Can non-UK nationals work in the UK? 

Non-UK nationals can work in the UK if they have indefinite leave to remain, status under the EU Settlement Scheme, or temporary immigration permission which grants the person the Right to Work.  Examples of those with temporary right to work include Student visa holders, Graduate visa holders, Family visa holders and those with Refugee status. 

The visa or permission may come with work restrictions. A worker may need to apply for an appropriate work visa for the relevant role. The type of work will dictate the type of visa required to work in the UK. 

• Read about UK work visas for businesses and enterprise 
• Read about Sponsored UK work visas 
• Read about Temporary work visas.

When must a right to work check be completed? 

Employers must complete a right to work check before a worker starts their job with the organisation. Typically, employers do this after a job offer is accepted by the candidate as part of onboarding processes. Follow-up right to work checks are required in some situations. 

Restrictions and conditions  

The right to work check also includes reviewing any conditions which may be placed on that person and their right to work.

This is important even for existing workers who apply for a new role within an organisation. For example, a worker on a Student visa may have the right to work for a part-time role where the maximum working hours meet the conditions of their visa. However, if the worker applies for a position which is full-time throughout the year, the student will not have the right to work for that new role. 

When are follow-up checks required?

If the check confirms the worker has time-limited permission, you should record the expiry date, set reminders and carry out a follow-up check before it ends. Depending on their visa eligibility options, a worker may be able to extend their right to work by applying to extend their visa, switch their visa or apply for indefinite leave to remain.

A follow-up right to work check is not required where the initial check confirms the worker holds indefinite permission or status under the EU Settlement Scheme.

How do employers check right to work?

Manual check

A manual check can be done for British and Irish citizens. This involves obtaining copies of and completing an ID verification likeness check of acceptable original physical documents from the UK Government list. 

Digital Verification Service  

The Digital Verification Service can be used for eligible British or Irish citizens who hold a valid passport or Irish passport card. There are Digital Verification Service Providers (DVSP) who provide services to make this easier for employers.

Employer Checking Service (ECS) 

The Employer Checking Service online is used when a worker has a pending immigration application or when the employer is directed to use the Employer’s Checking Service through the online right to work check. This is a separate Home Office service.

To complete the check:

1. Submit a request to the Employer Checking Service 

Use the online form on GOV.UK. Use the online form and provide the worker’s details and evidence of their application or status.

2. Wait for the Home Office response 

The Home Office will issue either:

• a Positive Verification Notice confirming the person has the right to work; or,
• a Negative Verification Notice confirming the person does not have the right to work.

3. Keep evidence of the notice 

Employers should save the notice securely. A Positive Verification Notice gives a time limited statutory excuse for six months. Employers must complete a follow‑up check before it expires to maintain a continuous statutory excuse.

Online right to work check 

For someone with an eVisa, employers can complete the check through the Home Office right to work checking service. To complete the check:

1. Ask the employee for a right to work share code

They must sign in to their UKVI account and select the option to prove their right to work. A share code generated for another purpose, such as proving a right to rent, cannot be used for a right to work check. It is valid for 90 days.

2. Use the employer section of the GOV.UK service

Enter the share code and the worker’s date of birth into the employer section of the Home Office online service.

Employers must use the official service and cannot rely on the worker showing their status on their phone or screenshots of the page they see. 

3. Confirm that the check relates to the worker

The online result will contain a photograph of the person. Check that the photograph matches the worker. This can be done in person or by video call.

4. Review the work permission carefully

Employers should not assume that holding a visa automatically permits a person to undertake any role or work any number of hours.

The result should confirm whether the person:

• has the right to work in the UK and whether it is time-limited;
• has restrictions on how many hours or the type of work they can undertake.

Through the above the employer can note if the person:

• is permitted to undertake the role being offered by reviewing the restrictions;
• will require a follow-up check by reviewing if the right to work is time limited.

5. Save evidence of the completed check

Save or print the profile page showing the photograph and date of the check. Keep it for the duration of employment and two years after.

6. Schedule a follow-up check when required

If the online Right to work check confirms that the person has limited permission to be in the UK, the employer should note the expiry date and arrange a follow-up check on or before that permission ends.

How are right to work checks changing from 1 October 2026?

From 1 October 2026, the need for a right to work check will extend beyond direct employees to some contractors, subcontractors and workers engaged through online matching services. Depending on the arrangement, an organisation may also face liability even where another party is responsible for carrying out the check. Organisations should review their working arrangements and contracts, and any digital verification provider used must be approved for right to work checks.

Read our article on the October 2026 Right to Work check changes for further guidance.