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Right to work checks are the checks every UK employer must carry out to confirm a person is legally allowed to do the work before they start. Get them right and you’re protected if someone turns out to be working illegally. Get them wrong, or skip them, and you could face a fine of up to £60,000 per worker.
The rules also changed on 1 October 2026. Checks now reach beyond traditional employees to workers, individual subcontractors and some gig platforms. This guide walks you through what that means, the three ways to check, and exactly what records to keep.
Key takeaways
- You must check every new starter's right to work before their first day, including British and Irish citizens.
- There are three ways to check: an online check with a share code, a digital identity check through a certified provider, or a manual document check.
- From 1 October 2026, the duty can also apply when you engage workers, individual subcontractors or use online matching platforms.
- Keep a dated copy of every check for the length of employment plus two years.
- Fines reach £45,000 per illegal worker, rising to £60,000 for repeat breaches.
Table of Contents
What Are Right to Work Checks?
Right to work checks are checks UK employers must complete before someone starts work, to confirm they are legally allowed to do that job. You check approved documents or an official online record, confirm they belong to the person, and keep a dated copy.
The duty comes from the Immigration, Asylum and Nationality Act 2006. It’s there to prevent illegal working, and the Home Office enforces it.
The big reason to get it right is something called a statutory excuse. In plain English, that’s your legal defence. If you carried out a correct right to work check in the UK before the person started, you won’t be fined, even if it later turns out they weren’t allowed to work. The exception is if you knew they had no right to work.
There are two kinds of excuse, and the documents you see decide which one you get:
- Continuous excuse: lasts for the whole employment. You get this when someone has permanent permission, such as a British passport.
- Time-limited excuse: lasts until the person’s permission ends. You’ll need to check again before then.
Who Needs a Right to Work Check?
Every new starter needs a right to work check before their first day, whatever their nationality. That includes British and Irish citizens, part-timers, temporary staff, students and people you already know well.
Many small businesses skip checks on British staff because “they’re obviously British”. That’s a risk. Without a check, you have no statutory excuse if something turns out to be wrong.
Check everyone the same way. The Home Office guidance is clear that you must be consistent and must not make assumptions based on someone’s accent, surname, race or nationality. Only checking people who “seem foreign” could lead to a discrimination claim under the Equality Act 2010, and compensation for discrimination has no upper limit.
A simple rule works well. If you’d check one person for a role, check every person for that role, at the same stage of hiring.
Example: A café owner hires two baristas in the same week, one from Leeds and one from Lisbon. Both get a right to work check before their first shift, using the method that suits their documents.
What Changed on 1 October 2026?
From 1 October 2026, right to work checks no longer apply only to employees. Section 48 of the Border Security, Asylum and Immigration Act 2025 widened who counts as an “employer”. The Home Office published a new employer’s guide on the same day.
| Area | Before 1 October 2026 | From 1 October 2026 |
|---|---|---|
| Who you must check | People on a contract of employment | Also people on a worker's contract, individual subcontractors and service providers found through online matching services |
| Contracting chains | Liability mainly sat with the direct employer | Liability can extend up some contracting chains and to arrangements that allow substitution |
| Digital identity checks | Done by certified identity service providers (IDSPs) | Done by registered Right to Work Digital Verification Service Providers (RtW DVSPs) |
| Expired British or Irish passports (digital check) | Not accepted through a provider | A provider can check passports up to 6 months past expiry, if it offers this |
Workers, Subcontractors and Gig Platforms Now Covered
If you take on people under a worker’s contract, such as many zero-hours or casual staff, you now need to check them too. The same applies to individual subcontractors and to online platforms that match individual service providers with customers.
The rules don’t cover everyone, though. The guidance says people running a genuinely independent business, in their own name or through their own limited company, are out of scope. For worker’s contracts, a fine can only apply where the work started on or after 1 October 2026.
The new rules also add extended liability. That means a business can be responsible further up a contracting chain, or where a contract lets someone send a substitute. To keep your statutory excuse here, you must meet “prescribed requirements”, such as contract terms that require checks. The Home Office guide includes 14 worked examples, so read the ones closest to your setup.
New Rules for Digital Identity Checks (DVSPs)
A Digital Verification Service Provider (DVSP) is a certified company that checks someone’s identity documents using an app or website. From 1 October 2026, you must use a registered RtW DVSP if you check digitally. Ask your provider to confirm its registration before you rely on it.
If you’re unsure whether a contractor or platform arrangement is in scope, check the Home Office employer’s guide or get legal advice.
How to Check Right to Work: The 3 Methods
You can check right to work in three ways: an online check with a share code, a digital check through a registered provider, or a manual check of original documents. Which one you use depends on the person’s nationality and the type of permission they hold. You can’t insist on one method if the person can prove their right to work another valid way.
| Method | Best for | Cost to you | What you keep |
|---|---|---|---|
| Online check (share code) | People with an eVisa or EU Settlement Scheme status | Free | A PDF or HTML copy of the "profile" page |
| Digital check (RtW DVSP) | British and Irish citizens with a passport or Irish passport card | Provider's fee | The provider's check result, plus your own photo match |
| Manual document check | Anyone with original List A or List B documents | Free | A clear, dated copy of each document |
Online Right to Work Check (Share Code)
If someone has an eVisa, you must use the Home Office online check. An eVisa is a digital record of a person’s immigration status that has replaced most physical immigration documents.
The person gets a right to work share code from GOV.UK. That’s a 9-character code that lets you view their status, and it lasts 90 days. You enter it with their date of birth on the GOV.UK online checking service. Then you check the photo matches the person, and save the profile page.
British and Irish citizens can’t use share codes, so use one of the other two methods for them.
Digital Right to Work Check via a Registered Provider
A digital right to work check uses a registered RtW DVSP to verify a British or Irish passport (or Irish passport card) remotely. The person usually scans their passport chip and takes a selfie in an app.
From 1 October 2026, providers can verify these passports up to 6 months after expiry, though some may choose not to. You must still confirm the person in front of you matches the photo. You’re responsible for the check, even if a provider does the technical part.
Manual Document Check
A manual check means looking at the person’s original documents from the Home Office’s approved lists.
- List A: documents that show permanent right to work, such as a British passport. These give you a continuous excuse.
- List B: documents that show time-limited permission. These give you an excuse that runs out, so you’ll need a follow-up check.
You must hold the original documents. The person must be present, either in the room or on a live video call. A scan, photo or screenshot alone won’t do. Physical Biometric Residence Permits (BRPs) are no longer acceptable proof, so people who used to hold one should give you a share code instead.
How to Do a Right to Work Check, Step by Step
To check right to work, get the right evidence, check it belongs to the person, copy it, record the date, store it securely and diarise any follow-up. Here’s how that looks in practice:
- Choose the right method. Ask the person how they’ll prove their right to work: a share code, a digital check or original documents.
- Get the evidence before day one. Collect the share code, provider result or original List A or List B documents before they start work.
- Check it in their presence. Make sure the photo and date of birth match the person, either face to face or on a live video call.
- Look for problems. Confirm documents are genuine and not tampered with, that permission hasn’t expired, and note any work restrictions, such as limited weekly hours for students.
- Make a clear copy. Copy every document you checked, or save the online profile page. For a passport, copy the page with the photo and personal details.
- Record the date. Note the date you did the check on the copy or in your HR system.
- Diarise follow-ups. If permission is time-limited, set a reminder to check again before it runs out.
Tip: Build these steps into your onboarding checklist. That way no new starter begins work until their check is done and saved.
Follow-Up Checks and Visa Expiry Dates
You need a follow-up check whenever someone’s right to work is time-limited. Do it before their current permission or statutory excuse runs out, or you lose your legal protection from that date.
This applies when your first check used a List B document or showed time-limited status through the online service. British and Irish citizens, and people with permanent status, don’t need follow-up checks.
What if the person has applied to extend their visa? If their permission expires while an in-time application or appeal is pending, you can’t do a normal check. Instead, ask the Employer Checking Service (ECS) to confirm their status. The ECS is the Home Office’s own checking team. It aims to reply within five working days.
If the answer is yes, you get a Positive Verification Notice. That’s written confirmation that gives you a statutory excuse for six months from the date on the notice. Diarise the next check before those six months end.
A simple spreadsheet or HR system alert works well. Set reminders 3 months and 1 month before each expiry date, so you have time to act.
How Long to Keep Right to Work Records
Keep right to work records for as long as the person works for you, plus two years after they leave. Store them securely, either on paper or electronically.
Your records should include:
- the copy of each document checked, or the online profile page
- the date you did the check
- any Positive Verification Notice from the ECS
- dates of any follow-up checks
These records contain personal data, so the UK GDPR applies. Limit who can access them, keep them secure, and delete them once the two years are up. If your team needs a refresher, GDPR training covers safe storage and retention.
Penalties for Failing Right to Work Checks
The main right to work penalty is a civil fine of up to £45,000 per illegal worker, rising to £60,000 for a repeat breach. These amounts tripled on 13 February 2024. A civil penalty is a fine the Home Office can issue without taking you to court.
| Consequence | What it means |
|---|---|
| Civil penalty, first breach | Up to £45,000 per illegal worker |
| Civil penalty, repeat breach (within 3 years) | Up to £60,000 per illegal worker |
| Criminal offence (knowingly employing, or having reasonable cause to believe) | Unlimited fine and up to 5 years in prison |
| Closure notice | Your premises can be closed for up to 48 hours, with a possible compliance order lasting up to 12 months |
| Sponsor licence | If you sponsor overseas workers, your licence can be suspended or revoked |
The fines apply per worker, so they add up fast. A business found with three illegal workers on a first breach could face up to £135,000.
The good news? A correct right to work check, done before the person started, protects you from the civil penalty. That’s why the process matters more than the paperwork alone.
7 Common Right to Work Mistakes
Most right to work problems come from small process slips, not deliberate rule-breaking. Watch out for these:
- Checking after the start date. The check must happen before someone starts work, even on a trial shift.
- Skipping British staff. Every new starter needs a check, whatever their nationality.
- Accepting a physical BRP. BRPs are no longer acceptable proof. Ask for a share code instead.
- Accepting a scan or photo. For a manual check, you need the original document, with the person present.
- Forgetting to date the copy. An undated copy may not give you a statutory excuse.
- Missing follow-up checks. Your protection ends when a time-limited excuse expires.
- Overlooking new arrangements. Since 1 October 2026, workers, individual subcontractors and some platform-based providers may need checks too.
Free Right to Work Checklist
Use this right to work checks checklist for every new starter. Print it or add it to your onboarding pack.
- Check done before the person’s first day of work
- Correct method chosen (share code, RtW DVSP or manual)
- Photo and date of birth match the person
- Documents are original, genuine and in date (or within accepted limits)
- Work restrictions noted, such as limited hours
- Clear copy or profile page saved
- Date of check recorded
- Follow-up date diarised (if permission is time-limited)
- Records stored securely for employment plus 2 years
Training Your Team on Right to Work Compliance
Anyone who hires or onboards people should know how to do a right to work check. Your business is liable for every check, even when a busy manager does it on a Monday morning.
Think about who needs training:
- HR and admin staff who run checks and keep records
- Line and hiring managers who recruit and set start dates
- Site, project and operations managers who bring in subcontractors or agency staff, now that the rules have widened
Training helps your team spot fake documents, avoid discrimination and keep records the right way. Training Express’s UK Employment Law course covers employers’ legal duties, and the HR Management course covers recruitment and onboarding processes. For a wider look at this year’s changes, see our guide to new UK workplace regulations in 2026.
Training Your Team on Right to Work Compliance
Anyone who hires or onboards people should know how to do a right to work check. Your business is liable for every check, even when a busy manager does it on a Monday morning.
Think about who needs training:
- HR and admin staff who run checks and keep records
- Line and hiring managers who recruit and set start dates
- Site, project and operations managers who bring in subcontractors or agency staff, now that the rules have widened
Training helps your team spot fake documents, avoid discrimination and keep records the right way. Training Express’s UK Employment Law course covers employers’ legal duties, and the HR Management course covers recruitment and onboarding processes. For a wider look at this year’s changes, see our guide to new UK workplace regulations in 2026.
Right to Work Checks FAQs
Do I need to check British citizens' right to work?
Yes. You must check every new starter, including British and Irish citizens. Without a check, you have no statutory excuse. Use a British passport (current or expired) in a manual check, or a registered digital provider.
Can I do a right to work check remotely?
Yes, in most cases. Online share code checks and digital checks through a registered RtW DVSP are fully remote. For a manual check, you can see the person on a live video call, but you must have the original documents in your hands.
How long does a share code last?
A right to work share code lasts 90 days from when the person creates it. If it has expired, ask them to generate a new one on GOV.UK. It’s free and only takes a few minutes.
Are expired BRPs still accepted?
No. Physical Biometric Residence Permits are no longer acceptable proof of right to work. People who held a BRP should now have an eVisa, so ask them for a share code and use the online check.
Do right to work checks apply to self-employed contractors?
Sometimes. Since 1 October 2026, checks can apply to individual subcontractors and people found through online matching platforms. People running a genuinely independent business, in their own name or through their own company, are generally out of scope. Check the Home Office guide’s examples for your situation.
What happens if an existing employee fails a check?
Don’t act in a hurry. If they’ve applied to extend their permission, contact the Employer Checking Service first. If it’s confirmed they have no right to work, you must stop employing them. Follow a fair process and get legal advice, as dismissing someone wrongly can lead to an unfair dismissal or discrimination claim.
