Right to Work Check Employer UK 2026

Employers can accept List A documents (British/Irish passports, settlement documents) for permanent right to work, or List B documents (time-limited visas, share codes) for temporary right to work. Since April 2022, biometric residence permits and cards can only be verified using the Home Office online service - physical cards are no longer acceptable even if they show a later expiry date.

The full list of acceptable documents is published in the Home Office employer's guide. Always ensure documents are original, unaltered, and belong to the person presenting them.

From 13 February 2026, civil penalties increased dramatically to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches within three years. These penalties apply even if you didn't know the person lacked the right to work, unless you have a valid statutory excuse from conducting proper checks.

Beyond financial penalties, employers may face criminal prosecution (up to 5 years imprisonment for knowingly employing illegal workers), sponsor licence revocation, and severe reputational damage. These increased penalties reflect the government's stronger enforcement approach.

Yes, employers must conduct right to work checks on all employees before they start work, including British and Irish citizens. Failure to check any employee removes your statutory excuse. British and Irish citizens cannot generate share codes, so you must verify their original documents such as passports, birth certificates, or use an IDVT provider.

You cannot assume someone has the right to work based on their appearance, accent, or name. This would constitute discrimination and violate equality laws. Apply the same checking process consistently to all candidates after making a job offer.

The employee generates a share code on gov.uk by providing their biometric details. The share code is valid for 30 days. They give you the share code and their date of birth. You enter these details into the Home Office online checking service at gov.uk/view-right-to-work, which instantly confirms their right to work status, any restrictions (such as hour limits), and expiry dates.

The service displays the employee's photograph and details. Download and save the verification screen as your evidence. This provides your statutory excuse. Online checks are the preferred method for anyone with biometric status as they're faster, more secure, and show real-time status.

Employers must retain copies of right to work documents throughout the entire period of employment and for 2 years after the employee leaves. Records must be clear, legible, and include the date you conducted the check. This proves you fulfilled your duty and establishes your statutory excuse against civil penalties.

Store records securely in compliance with GDPR and data protection laws. Right to work documents contain sensitive personal information including immigration status, which requires appropriate security measures. For online checks, save the verification screen showing the employee's photo and status at the time you checked.

For employees with time-limited right to work (List B documents), you must conduct follow-up checks before their permission expires. Set reminders to re-check status at least 28 days before the expiry date shown on their original check. If you fail to conduct timely follow-up checks, you lose your statutory excuse from that expiry date forward.

If the employee hasn't renewed their permission by the expiry date, you must stop employing them immediately to avoid civil penalties. Use our notice period calculator to understand dismissal timelines. If they renew their permission, conduct a fresh right to work check and retain the new evidence.

Yes, employers can use certified IDVT providers to conduct digital right to work checks. The Home Office maintains a list of certified providers who meet security and accuracy standards. The Home Office recommends using providers that achieve at least a medium level of confidence. IDVT is particularly useful for verifying remote workers' right to work.

When using IDVT, ensure the provider is certified and you follow their guidance. The provider will verify the employee's identity documents digitally and provide you with verification evidence. This gives you the same statutory excuse as manual or online checks, provided the process is completed correctly.

EU, EEA and Swiss citizens who arrived before 1 July 2021 and successfully applied for the EU Settlement Scheme have either settled status (permanent) or pre-settled status (temporary, reviewed after 5 years). They prove their right to work using a share code generated on gov.uk. You cannot accept their EU passports or national ID cards alone.

For EU, EEA and Swiss citizens arriving after 1 January 2021, they need a visa under the points-based immigration system, which generally requires employer sponsorship. You do not need to conduct new checks on existing employees hired before 1 July 2021, provided you conducted proper checks when they joined. Calculate sponsorship costs with our employee cost calculator.