Right to Work Checks UK: The Complete Employer Guide 2026

You must conduct a Right to Work check before a person starts work—ideally at the offer stage before the first day of paid employment. The check must be completed no earlier than 28 days before the start date. If you fail to check before employment begins, you cannot establish a statutory excuse against civil penalties.

A statutory excuse is your legal protection against civil penalties if you unknowingly employ someone who doesn't have the right to work. You establish this excuse by conducting a correct Right to Work check in the prescribed manner. Without a valid statutory excuse, you could face penalties of up to £60,000 per illegal worker, even if you had no idea they weren't entitled to work.

No. For manual document checks, you must see the original documents in person. Photos, scans, or copies sent electronically do not provide a statutory excuse. The only exception is if you use the online Right to Work service with a share code, or an Identity Service Provider (IDSP) for British and Irish citizens—these are digital-first by design.

A share code is a 9-character alphanumeric code that workers generate through the Home Office's online 'Prove your right to work' service. The worker gives you the code along with their date of birth. You enter these into the 'Check a job applicant's right to work' service at gov.uk. The result confirms their immigration status, work entitlements, and whether follow-up checks are needed.

Yes. EU citizens who arrived in the UK after 31 December 2020 need immigration permission to work, just like any other foreign national. EU citizens with settled or pre-settled status under the EU Settlement Scheme can prove their right to work using a share code. Those without EUSS status who arrived after Brexit need a work visa.

You must keep copies of Right to Work documents for the duration of employment, plus two years after the employment ends. This applies to all evidence—document copies, online check results, and IDSP check records. Keep them securely and ensure they can be produced quickly if requested by the Home Office.

If you employed them with valid permission and conducted a correct initial check, you should schedule a follow-up check before their permission expires. If their visa expires and they haven't renewed it or have no pending application, they no longer have the right to work. You cannot continue employing them without valid permission, or you risk losing your statutory excuse and facing penalties.

Yes, but with restrictions. Most student visa holders can work up to 20 hours per week during term time and full-time during vacations. You must check their visa to confirm work is permitted and verify the term dates with their education provider. Graduate visa holders can work full-time without restrictions for up to 2 years (3 for PhD graduates).

An IDSP is a certified technology provider that verifies identity documents digitally using Identity Document Validation Technology (IDVT). IDSPs can only be used for British and Irish citizens—not for visa holders or those with immigration restrictions. When you use an IDSP, they verify the person's identity and right to work, giving you a statutory excuse.

Civil penalties are up to £45,000 per illegal worker for a first breach, or up to £60,000 for repeat breaches within three years. If you're found to have knowingly employed an illegal worker, you could face criminal prosecution with an unlimited fine and up to 5 years imprisonment. Sponsor licence holders may also have their licence downgraded or revoked.

List A includes documents proving permanent UK right to work: a British passport, an Irish passport, a certificate of naturalisation or registration as a British citizen, or a document showing the holder has indefinite leave to remain. Workers with List A documents only need one check—no follow-ups required.

List B includes documents for people with temporary permission to work: passports with current work visas, eVisas confirmed via share code, and certain immigration documents. Physical BRPs have been phased out and replaced by eVisas. List B documents require follow-up checks before the permission expires.

If someone has made an in-time application to extend their visa (before it expired) and is waiting for a decision, they have 'Section 3C leave'—their existing permission continues until the decision. You can verify this using the Employer Checking Service, which will confirm their right to work. Follow-up checks are required every 6 months while the application is pending.

No. You must apply Right to Work checks equally to all job applicants and employees, regardless of their nationality, race, or ethnicity. Checking only certain people (for example, only those who 'look foreign') is discrimination and unlawful under the Equality Act 2010. Check everyone in the same way at the same stage of recruitment.

Conduct the check immediately. While you cannot establish a retrospective statutory excuse for the period before the check, having evidence of a check from now on provides some protection going forward. If you discover the worker has no right to work, you must not continue to employ them. Document everything and seek legal advice if needed.