How to Conduct Right to Work Checks in the UK: The Post-Brexit Employer Guide

Proper right to work procedures are the only defense against enforcement action that issued over £34 million in penalties recently. Compliant verification processes protect businesses from devastating fines while ensuring legal workforce status.

UK employers face fines up to £60,000 per illegal worker [18]. Since July 2021, immigration system changes require all employers to verify candidate work permissions before employment begins [26] [12]. The stakes are clear: proper verification protects your business, while non-compliance creates legal and financial exposure.

This guide covers compliant right to work verification for all worker categories - British citizens, EU nationals with settled status, and overseas workers on visas. The step-by-step process eliminates costly penalties while ensuring legal workforce compliance.

Understanding Right to Work Checks in the UK

What is a Right to Work Check?

A right to work check verifies that someone can legally work in the UK before they start employment. The process is straightforward: check identity documents, verify their authenticity, and keep copies as compliance evidence. These requirements are set out under Sections 15-25 of the Immigration, Asylum and Nationality Act 2006, supported by a Code of Practice and Home Office guidance [1].

Employers must obtain right to work documents from candidates and check their validity in person. Photographs and dates of birth must match across all documentation. For non-British or Irish citizens, work permissions must be current and any employment restrictions must be noted.

When completed correctly, these checks provide employers with a statutory excuse against civil penalties if enforcement action occurs [1].

Why Right to Work Checks are Mandatory for UK Employers

Every UK employer must conduct right to work checks regardless of company size or sector. The stakes are significant. First-time offenders face fines up to £45,000 per illegal worker as of 13 February 2024 [1]. Repeat offenders face fines up to £60,000 per worker [1].

Criminal penalties are even more severe. Employers who knowingly hire someone without work authorization face unlimited fines and up to five years' imprisonment [1]. Businesses with sponsor licenses risk suspension or revocation, which disrupts operations and prevents future international recruitment [15].

The law requires checks on all prospective employees regardless of nationality, race, or ethnicity. Targeting specific individuals for checks based on appearance or origin creates discrimination liability [1].

Who Needs a Right to Work Check?

Right to work verification applies to most worker categories but includes important exceptions.

Workers requiring checks:

• Permanent employees before starting work

• Temporary and seasonal workers

• Part-time employees regardless of hours

• Casual workers and zero-hours contract staff

• Contractors where the organization is the legal employer

• Unpaid workers and interns with contractual obligations

• Work experience participants over 16

• Student visa holders, typically limited to 20 hours weekly during term [15]

Workers exempt from checks:

• Individuals employed continuously since before 27 January 1997 [15]

• Genuine self-employed workers under contract for services

• Agency workers, as agencies handle verification

• Genuine volunteers with no contractual obligation beyond reasonable expenses [1]

• Work experience participants under 16 [15]

• British or Irish citizens working entirely overseas

Contractors working as independent freelancers should still undergo proportionate right to work checks as risk management, particularly when employers control how work is performed [1].

Right to Work Check Timing Requirements

Complete Verification Before Employment Starts

Timing determines compliance. Employers must verify right to work for all employees before employment begins [15]. No individual can start work without documented proof of their legal permission to work in the UK.

The check must be completed and evidence retained before the first day of work to establish a statutory excuse against civil penalties [15]. This universal requirement protects employers from enforcement action when properly executed.

Records stay on file for the duration of employment plus two years after it ends [15]. This retention period allows employers to demonstrate compliance during Immigration Enforcement audits or inspections.

Follow-Up Checks Match Visa Expiry Dates

Time-limited work permissions require follow-up checks before expiration to maintain statutory excuse protection [15]. The previous annual check requirement was replaced with expiry-based verification [12]. This aligns follow-up checks with actual visa expiration dates rather than arbitrary annual schedules.

EU Settlement Scheme pre-settled status holders are exempt from follow-up checks once a compliant initial check is completed [15]. The exemption recognizes continuous verification through the Home Office online system.

Employer Checking Service for Outstanding Applications

When employees cannot provide documents due to outstanding appeals, reviews, or Home Office applications, employers use the online Employer Checking Service [18]. The service requires the worker's name, date of birth, nationality, home address, job title, weekly hours, and Home Office reference number or case ID [26].

The Home Office issues a Positive Verification Notice (PVN) confirming right to work [12]. Employers must retain this document as compliance proof. PVNs include expiry dates requiring follow-up checks before the six-month period expires [1]. Fresh verification or status confirmation maintains the statutory excuse after this period.

Sponsor License Audit Preparation

Immigration Enforcement officers inspect employers to ensure right to work compliance [15]. Organizations holding sponsor licenses face heightened scrutiny. The Home Office issued almost 1,000 civil penalties totaling £16 million in 2022 [12].

Sponsors must maintain record keeping duties for each sponsored worker and ensure they employ only workers with permission for specified hours and job types [26]. Employers should review right to work processes regularly, particularly after Home Office guidance changes, to ensure continued compliance during potential audits.

The Three Methods for Right to Work Verification

UK employers have three compliant verification methods: manual document checks, digital verification through certified Identity Service Providers, and online share code verification [12]. Each method creates a statutory excuse when completed correctly before employment begins.

Manual Document Verification

Manual checks require physical document examination with the candidate present [12]. The process is straightforward: obtain original documents, verify authenticity, and retain copies [12].

Employers examine either List A or List B documents. List A proves permanent work rights. List B indicates time-limited permission [12]. During verification, check that photographs match the individual, dates of birth align across documents, and note any work restrictions [12]. Student visa holders require additional documentation of term and vacation periods [12].

Passport copies must include pages showing personal details, photographs, nationality, expiry dates, and immigration endorsements [12]. Copy both sides of immigration status documents and Application Registration Cards completely [12]. Record the check date on all copies and store securely for employment duration plus two years [12].

Digital Verification Using IDVT

Identity Document Validation Technology enables remote checks for valid British and Irish passport holders [31] [12]. The Home Office recommends certified Identity Service Providers meeting UK Digital Identity and Attributes Trust Framework standards at Medium Level of Confidence [12] [32].

Select a certified IDSP and invite candidates to submit passport images through their system. The provider generates a digital output report [32]. Complete a likeness check through video call or in-person meeting to confirm the photograph matches the candidate [12]. Store the IDSP output report in non-editable format for the required retention period [12]. Digital checks cannot process expired passports [32].

Share Code Verification

eVisa holders generate nine-character share codes through their UKVI accounts [8]. Work verification codes begin with 'W' [8]. Enter the share code and candidate's date of birth into the Home Office online checking service [33][2].

The system displays a profile page containing work permissions, restrictions, and expiry dates [3]. Verify the photograph matches the candidate through direct meeting or video call [12]. Share codes remain active for 90 days with unlimited usage during this period [34] [8]. Save the profile page as verification evidence [12].

Home Office Employer Checking Service

The Employer Checking Service handles verification when candidates cannot provide standard documents due to pending applications or appeals [5]. Use this service for Application Registration Card holders or those with Certificates of Application requiring Home Office verification [5].

Submit requests with the candidate's full name, date of birth, nationality, job title, weekly hours, and UK address [5]. The Home Office responds within five working days [11]. Positive Verification Notices confirm work rights for six months [11]. Schedule follow-up checks before this period expires to maintain statutory protection [11].

Right to Work Documents Required

The Home Office classifies acceptable documents into List A and List B [1]. This classification determines whether follow-up checks are necessary and how long your statutory excuse remains valid [4].

List A: British Citizens and Settled Persons

List A documents establish continuous right to work. Once you complete an initial check correctly, no follow-up checks are required [12].

British and Irish citizens prove status through current or expired passports [1]. UK birth or adoption certificates work as alternatives when paired with official National Insurance evidence from a government agency or previous employer [1].

Current passports with indefinite leave endorsements qualify as List A documents [12]. Immigration Status Documents showing indefinite leave, combined with National Insurance evidence, also establish permanent right to work [4]. British naturalization certificates require the same National Insurance support documentation [1].

List B Group 1: Time-Limited Leave to Remain

Group 1 applies to individuals with clear expiry dates on their leave [4]. Current passports showing work permission for specific employment types form the primary Group 1 document [1]. Immigration Status Documents with valid work endorsements, plus National Insurance evidence, also fall within this category [4].

List B Group 2: Outstanding Home Office Applications

Group 2 covers situations where individuals cannot provide standard documents due to pending Home Office applications [4]. EU Settlement Scheme applications submitted before 30 June 2021 require Positive Verification Notices from the Employer Checking Service [1]. Certificates of Application issued after 1 July 2021 follow the same PVN requirement [12].

Application Registration Cards stating permitted employment need PVN verification [1]. Standalone Positive Verification Notices provide six-month statutory excuses [1]. You must note PVN expiry dates to complete follow-up checks before the period expires [1].

Document Verification Requirements

Check photographs and dates of birth across documents for consistency with the individual's appearance [12]. Expiry dates must be in the future. Work restrictions require assessment to confirm the person can perform the offered role [4]. Documents must appear genuine without tampering. Name discrepancies need supporting evidence such as marriage certificates or deed polls [12].

Recording and Retaining Evidence

Passport copies must capture pages showing expiry dates, nationality, date of birth, signatures, immigration permissions, biometric details, photographs, and work entitlement pages [13]. All other documents require full copying, including both sides of immigration status documents and Application Registration Cards [12]. Keep copies on file throughout employment and for two years afterward before secure destruction [13].

Post-Brexit Right to Work Changes

EU Settlement Scheme and Settled Status

Freedom of movement between the UK and EU ended at 11pm on 31 December 2020. EU, EEA, and Swiss nationals resident in the UK by that date had until 30 June 2021 to apply under the EU Settlement Scheme [2]. Settled status grants indefinite leave to those with five years' continuous UK residence. Pre-settled status applies to those with shorter residence periods [14].

Pre-settled status holders no longer require follow-up right to work checks once a compliant initial check is completed [15]. The status extends automatically by five years before expiry, with the Home Office sending email notifications [16]. Settled status lapses after five consecutive years outside the UK, or four years for Swiss nationals [14].

Changes for EU and EEA Nationals

From 1 July 2021, EU and EEA passports or national identity cards alone no longer prove right to work for new employees [6]. Workers must demonstrate immigration status through the EU Settlement Scheme or the points-based immigration system [7]. Irish citizens remain exempt under the Common Travel Area arrangement [6].

Employers face no requirement to conduct retrospective right to work checks on EU nationals employed before 1 July 2021, provided compliant checks were completed initially [14]. This statutory excuse remains valid unless employers know or have reasonable cause to believe the individual lacks work permission [14].

Right to Work Checks for Overseas Nationals

EU nationals arriving after 1 January 2021 require permission under the points-based immigration system, typically through Skilled Worker visas [17]. Employers must verify status online using right to work share codes rather than physical documents [7]. Expired physical Biometric Residence Permits no longer constitute acceptable proof [18].

Common Right to Work Issues to Avoid

Surveys reveal 89% of employers claim awareness of right to work requirements, yet understanding remains patchy [19]. Common errors include:

• Accepting expired BRPs

• Failing to retain records correctly

• Checking only non-UK nationals

• Over-relying on third parties for verification [19] [15]

Construction sector employers show particular knowledge gaps regarding acceptable documents [19].

Penalties for Non-Compliance

Civil penalties increased substantially from 13 February 2024, reaching £45,000 per illegal worker for first breaches and £60,000 for repeat violations [20]. Between July and September 2025, enforcement issued 617 penalties totaling £34,265,000 [9].

Criminal sanctions include five years' imprisonment and unlimited fines for knowingly employing illegal workers [10]. Sponsor license holders risk revocation, preventing future overseas recruitment [15].

Conclusion

Right to work checks protect employers from substantial penalties while ensuring legal compliance across the UK workforce. Post-Brexit regulations require verification for all workers, whether they hold British passports, settled status, or time-limited visas. The three verification methods, manual document checks, digital IDVT, and online share codes, each provide statutory excuses when completed correctly before employment begins.

Employers must remain vigilant about document retention, follow-up checks for time-limited permissions, and avoiding discrimination during the verification process. With penalties reaching £60,000 per illegal worker, the cost of non-compliance far outweighs the effort required to implement proper checking procedures. Undoubtedly, consistent verification practices safeguard businesses against enforcement action and maintain operational integrity.

FAQs

Q1. What documents can I use to prove my right to work in the UK? Acceptable documents fall into List A and List B categories. List A includes current or expired British/Irish passports, UK birth certificates with National Insurance proof, and passports with indefinite leave to remain. List B covers time-limited permissions like current passports with work visas, Immigration Status Documents with valid endorsements, and Positive Verification Notices from the Home Office. EU/EEA nationals must now show settled or pre-settled status through the EU Settlement Scheme rather than just passports or ID cards.

Q2. When should employers perform right to work checks? Employers must complete right to work checks before employment begins for all new hires. For workers with time-limited permissions, follow-up checks are required before their visa or leave expires. Additional checks may be necessary when employees' immigration status changes or when they have outstanding Home Office applications. Organizations with sponsor licenses should also review their processes before audits to ensure compliance.

Q3. What are the three methods for conducting right to work checks? The three compliant methods are: manual document verification (checking original physical documents in person), digital checks using Identity Document Validation Technology for British and Irish passport holders through certified Identity Service Providers, and online checks using nine-character share codes generated through the UKVI account system. Each method provides a statutory excuse when completed correctly.

Q4. How did Brexit change right to work requirements for EU nationals? Since 1 July 2021, EU and EEA passports or national identity cards alone no longer prove right to work for new employees. EU nationals must demonstrate status through the EU Settlement Scheme (settled or pre-settled status) or obtain permission under the points-based immigration system. Irish citizens remain exempt under the Common Travel Area arrangement. Employers don't need retrospective checks on EU workers employed before this date if initial checks were compliant.

Q5. What penalties do employers face for non-compliant right to work checks? Employers can be fined up to £45,000 per illegal worker for first offenses and £60,000 for repeat violations. Those who knowingly employ someone without work authorization face unlimited fines and up to five years' imprisonment. Organizations holding sponsor licenses risk suspension or revocation, preventing future recruitment of international talent. Between July and September 2025, enforcement issued 617 penalties totaling over £34 million.

References

[1] - https://nationbetter.uk/2025-guide-to-right-to-work-checks-in-the-uk-for-employers/
[2] - https://www.bamboohr.com/uk/blog/right-to-work-share-code
[3] - https://www.effective-hrm.co.uk/news/right-to-work-in-the-uk-after-brexit/
[4] - https://www.davidsonmorris.com/right-to-work-check/
[5] - https://www.mha.co.uk/insights/right-to-work-checks-in-the-uk-overview-and-implications
[6] - https://hr.admin.ox.ac.uk/what-is-rtw-and-who-needs-a-right-to-work-check
[7] - https://www.davidsonmorris.com/right-to-work/
[8] - https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
[9] - https://www.gov.uk/government/publications/points-based-system-sponsor-management/points-based-system-sponsor-compliance-visits-accessible
[10] - https://www.davidsonmorris.com/can-i-work-while-my-visa-application-is-being-processed-uk/
[11] - https://www.gov.uk/check-job-applicant-right-to-work
[12] - https://freemovement.org.uk/sponsor-license-holders-should-complete-mock-audits-to-prepare-for-the-real-thing/
[13] - https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version
[14] - https://www.trustid.co.uk/identity-verification-compliance/right-to-work/
[15] - https://www.gov.uk/government/publications/digital-identity-document-validation-technology-idvt/identity-document-validation-technology-in-the-right-to-work-and-right-to-rent-schemes-and-dbs-pre-employment-checking-accessible-version
[16] - https://www.davidsonmorris.com/right-to-work-digital-identity-checks/
[17] - https://hr.admin.ox.ac.uk/how-to-complete-rtw-check
[18] - https://www.gov.uk/view-right-to-work
[19] - https://assets.publishing.service.gov.uk/media/6054aaaae90e0724c7d30bc2/6.7209_HO_Right_to_Work_leaflet__PBS__V14.pdf
[20] - https://freemovement.org.uk/what-are-share-codes-and-how-to-use-them/
[21] - https://www.citizensadvice.org.uk/work/right-to-work-in-the-uk/check-how-to-prove-your-right-to-work-in-the-uk/
[22] - https://www.gov.uk/employee-immigration-employment-status
[23] - https://staffimmigration.admin.ox.ac.uk/employer-checking-service
[24] - https://www.davidsonmorris.com/right-to-work-documents/
[25] - https://assets.publishing.service.gov.uk/media/68b6b7e7536d629f9c82a9a1/RTW+Checklist__final_.pdf
[26] - https://www.wardhadaway.com/visa-guidelines/business/right-to-work-checks-and-civil-penalties/
[27] - https://www.gov.uk/settled-status-eu-citizens-families
[28] - https://torquelaw.co.uk/impact-of-brexit-right-to-work-check/
[29] - https://www.davidsonmorris.com/can-eu-citizens-work-in-uk/
[30] - https://www.hr-inform.co.uk/employment_law/right-to-work-checks-and-employing-foreign-nationals
[31] - https://www.employmentlawworldview.com/right-to-work-compliance-are-uk-employers-keeping-up/
[32] - https://www.stoneking.co.uk/literature/e-bulletins/avoid-uk-right-work-penalties-new-rise-non-compliance-fines
[33] - https://colmancoyle.com/news/how-to-avoid-illegal-working-civil-penalties/
[34] - https://www.gov.uk/penalties-for-employing-illegal-workers