UK Employer Right to Work Checks & Compliance Guide 2026

1. What Is a UK Right to Work Check?

UK employers must check that a job applicant has permission to work in the UK before employment begins. The purpose of the prescribed check is to establish a statutory excuse against a civil penalty if the person is later found to be working illegally. The employer must use one of the prescribed checking routes appropriate to the applicant's circumstances and must complete the required steps correctly. A check is not simply an informal inspection of a passport or immigration document.

2. The Three Prescribed Right to Work Check Methods

There are three main prescribed routes for establishing a statutory excuse: a manual right to work check, a Home Office online right to work check, or an eligible digital verification route using a Digital Verification Service. The correct method depends on the applicant's citizenship, immigration status and available evidence. Employers should not insist that a person uses a particular method when the law provides another appropriate route.

3. British and Irish Citizens

British and Irish citizens cannot generate a Home Office right to work share code. Their right to work can generally be demonstrated through a manual document check or, where eligible, a digital verification route. For British citizens, an eligible British passport can be checked manually. Irish citizens can use an Irish passport or Irish passport card. Digital verification through an approved service can also be used for eligible valid British and Irish passports/passport cards.

4. Home Office Online Right to Work Share-Code Checks

Where an applicant has an immigration status that can be checked online, the employer should use the Home Office employer-side online service. The applicant provides a right to work share code, and the employer enters the share code together with the applicant's date of birth. The employer must view the Home Office result through the employer service. Simply viewing a screenshot, PDF or the applicant's own immigration-status page is not sufficient to establish the statutory excuse where an online check is required.

5. eVisas and Physical BRP Cards

The UK immigration system has moved from physical immigration documents toward digital immigration status. People with eVisas generally prove their right to work using the Home Office online service. Expired physical Biometric Residence Permits (BRPs) are not acceptable proof of right to work. Employers should not rely on a physical BRP card where the prescribed online process applies.

6. Manual Right to Work Checks

Where a manual check is permitted, the employer must obtain the applicant's original acceptable documents, check the documents in the required manner and establish that the documents relate to the person presenting them. The employer must also check that the documents are consistent with the person, identify any relevant immigration permission or work restrictions and record the date on which the check was conducted.

7. Statutory Excuse: What Employers Must Establish

A statutory excuse protects an employer from a civil penalty where the prescribed Right to Work check was correctly completed and the employer can demonstrate the required evidence. The statutory excuse is not a blanket guarantee against every immigration-related issue. It depends on the employer having carried out the correct check, at the correct time, using the correct method, and retaining the necessary evidence.

8. Follow-Up Checks for Time-Limited Right to Work

If an employee has a time-limited right to work, the employer must conduct a follow-up check when the permission is due to expire in order to retain the statutory excuse. The employer should use the appropriate checking method for the employee's circumstances at the time of the follow-up check. If the employee has made an in-time application, the Home Office online system or Employer Checking Service may provide the necessary confirmation depending on the circumstances.

9. Employer Checking Service and Positive Verification Notices

The Employer Checking Service (ECS) is used in circumstances where the employer cannot establish the right to work through the normal online or document routes and the Home Office must verify the person's status. Where appropriate, the Home Office can issue a Positive Verification Notice (PVN). A PVN can provide a time-limited statutory excuse, normally six months, after which a follow-up check is required if the excuse is to continue.

10. Students and Restricted Work Conditions

Employers must not assume that a person with immigration permission has unrestricted permission to work. Where a worker has a Student immigration permission or another status containing work restrictions, the employer must check the specific conditions and comply with any restrictions. For Student workers, this can include restrictions on weekly working hours during term time. Employers should retain the relevant evidence of the student's work conditions where required and conduct follow-up checks when appropriate.

11. Right to Work Checks and Discrimination

Employers must conduct Right to Work checks consistently and must not discriminate unlawfully because of nationality, race or immigration assumptions. A compliant recruitment process should require the appropriate Right to Work evidence from all applicants in the circumstances required by law, rather than selectively checking people because they appear or sound foreign.

12. Record Keeping Requirements

Employers must retain a clear copy of the Right to Work check for the duration of employment and for two years after employment ends. Records should be stored securely and be capable of being produced if the Home Office requests evidence. For online checks, the employer should retain evidence of the online result. For digital verification, the employer should retain the evidence supplied through the prescribed digital process.

13. 2026 Civil Penalties for Illegal Working

The civil penalty scheme provides for a maximum penalty of £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach. The starting penalty can be reduced where the employer qualifies for applicable mitigating reductions. A repeat breach calculation applies where the employer has been found to have employed illegal workers within the previous three years, subject to the detailed penalty rules.

14. Criminal Consequences of Knowingly Employing Illegal Workers

Civil penalties are not the only possible consequence of illegal working. In serious cases, knowingly employing an illegal worker can result in criminal prosecution, including imprisonment for up to five years and an unlimited fine. Other consequences can include business closure, director disqualification, sponsorship consequences and other regulatory action depending on the circumstances.

15. What Employers Should Check During an Online Result

An online Right to Work result should be reviewed carefully rather than treated as a simple pass/fail screen. Employers should check the individual's identity information, whether they have permission to work, the type of work permitted, any restrictions and the period for which the permission applies.

16. Common Right to Work Compliance Mistakes

Employers can lose their statutory excuse by failing to follow the prescribed procedure even where the worker appears to have immigration permission.

17. Practical Employer Right to Work Compliance Checklist

Employers should use a consistent documented process for every recruitment exercise.

18. Right to Work Compliance for Existing Employees

Employers do not generally need to repeat a check for an existing employee simply because the employee is an EU, EEA or Swiss citizen who was already working in the UK before 1 July 2021 and whose circumstances are covered by the relevant rules. However, where an employee has time-limited permission, the employer must conduct the required follow-up check. Employers should also respond appropriately when an employee's immigration status changes.

19. What a Statutory Excuse Does Not Mean

A statutory excuse protects an employer from a civil penalty where the prescribed Right to Work check was properly completed and the statutory requirements are satisfied. It does not mean an employer can knowingly employ someone without permission, ignore restrictions discovered during a check or disregard later information showing that the worker is not permitted to perform the job.

20. 2026 Employer Compliance Summary

The safest approach is to treat Right to Work verification as a documented compliance process rather than simply collecting a passport or share code. The employer should use the appropriate prescribed method, verify the exact work permission, retain evidence and diarise any required follow-up check. The Home Office guidance was updated on 16 July 2026, so employers should use the latest version of the official employer guide when implementing their internal procedures.

Frequently Asked Questions (6 Interlinked FAQs)

Official Government & Statutory References

• • GOV.UK Right to Work Checks: Employer Guidance
• • GOV.UK Right to Work Checks: Employer's Guide
• • GOV.UK Check a Job Applicant's Right to Work
• • GOV.UK Employer Right to Work Online Share-Code Service
• • GOV.UK Right to Work Checklist
• • GOV.UK Illegal Working Civil Penalties
• • GOV.UK Code of Practice on Preventing Illegal Working

Related UK Employment & Pension Guides