34,469,000 people were employed in the UK as of June 2026.
A Right to Work check is a legal process that confirms whether an individual is permitted to work in the UK before their employment begins. UK employers have a responsibility to verify the status of every worker they hire, regardless of nationality, to help prevent illegal working and comply with immigration legislation. It should be part of every employer's compliance processes.
Right to Work checks are governed primarily by the Immigration, Asylum and Nationality Act 2006. The legislation places a legal duty on employers to take reasonable steps to prevent illegal working in the UK.
The purpose of these checks is to:
When an employer completes a compliant Right to Work check before employment begins, they establish what is known as a statutory excuse. This provides protection against civil penalties if it is later discovered that the individual did not have permission to work despite the employer carrying out appropriate checks.
However, the statutory excuse only applies where checks have been conducted correctly and evidence has been retained in line with Home Office guidance.
Right to Work checks are a legal requirement, but they also protect vulnerable individuals from exploitation, support ethical employment practices, improve workforce integrity, protect an organisation’s reputation and reduce compliance risks.
The Home Office continues to increase enforcement efforts against illegal working. Employers across a wide range of sectors are subject to compliance visits and investigations.
Industries commonly targeted include:
Construction
Hospitality
Retail
Logistics
Food manufacturing
Agriculture
Care services
These sectors often rely on temporary labour, seasonal workers and high-volume recruitment.
A compliant Right to Work process should ensure that the employer:
The individual presenting the documents must genuinely be the person named within them.
The worker must have an entitlement to perform the work being offered.
Immigration permission may include conditions affecting:
Copies of documents and verification results must be retained securely for the required period.
Where work permissions are time-limited, employers must ensure repeat checks are completed when required.
Every employee should undergo a Right to Work check prior to work commencing. This applies regardless of nationality, citizenship or place of birth.
British and Irish citizens
Employers must avoid making assumptions about a person's nationality or immigration status. British and Irish citizens must undergo a Right to Work check before employment begins, just like any other worker. Applying checks consistently across all candidates helps organisations remain compliant while reducing the risk of discrimination claims.
Visa holders
Many visa holders now have digital immigration status rather than physical immigration documents. As a result, employers often verify their Right to Work using the Home Office online checking service and a share code generated through GOV.UK.
A Right to Work check for a visa holder should do more than simply confirm whether permission exists. Employers must check any conditions attached to the individual's immigration status.
These may include:
Employers should review the information carefully and ensure the role being offered complies with the individual's immigration permissions.
Students
Student workers are particularly common within sectors such as hospitality, retail, leisure and logistics. While many students have the right to work, employers should be aware that immigration permissions often include restrictions on working hours and employment activities.
For example, some students may be permitted to work a specific number of hours during term time and more extensively during holiday periods.
Employers should verify:
Sponsored workers
Sponsored workers often represent some of the most highly skilled employees within an organisation, but they also require careful compliance management.
A sponsored worker's visa is generally linked to a specific employer and role. As a result, employers must ensure that both the position and employment circumstances remain compliant throughout the worker's period of sponsorship.
Planned changes in October 2026 are expected to expand obligations beyond traditional employees to include:
The definition of an employer is expected to broaden and extended liability may apply across labour supply chains.
Checks must be completed before employment begins. In most circumstances, these checks only need to be conducted once, but individuals with time-limited visas, such as those on Skilled Worker visas, may require follow-up checks.
Failure to conduct these checks can result in significant financial penalties and possible prosecution, ranging from fines up to £60,000 for each illegal worker within an organisation, to an unlimited fine and five years’ imprisonment if you knowingly employ someone without permission to work in the UK. Additionally, failure to conduct these checks can lead to reputational damage by attracting media attention and public scrutiny.
Depending on individual circumstances, the four main routes are:
Although many organisations are now moving towards digital verification, manual document checks are an approved method employers can use to verify an individual’s right to work in the UK. They are a valid option in certain circumstances and may be necessary where digital routes cannot be used.
A manual check involves reviewing original documents provided by the employee and confirming they appear to be genuine and belong to the person presenting them.
The process is broken down into three stages:
1. Obtain the original documents
The worker must provide original documents from the Home Office's list of acceptable evidence. Depending on their status, this may include a passport, immigration documentation, or a birth or adoption certificate.
2. Check the documents
Employers should review the documents in the presence of the worker, either face-to-face or via an approved process. They must confirm that photographs and details are consistent, expiry dates have not been passed, and that the documents appear genuine.
3. Retain a copy
A clear copy of the documents should be retained and dated as evidence that the verification process took place. This provides an audit trail if challenged in the future.
Advantages
For smaller businesses hiring a small number of workers, manual checks can be a practical option. Advantages include:
Challenges
Employers are not given greater leniency for errors when they verify identity manually.
Manual checks can result in:
Many organisations are moving away from manual document reviews in favour of digital verification solutions. Using approved technology, candidates can upload documents and complete biometric identity verification remotely.
IDVT is a government-approved method of identity verification designed to automate the process.
Most digital Right to Work checks follow a similar journey:
1. Candidate receives an invitation
Once a company is ready to check the identity of a candidate, an invitation is sent to the candidate via their chosen platform via email or SMS. The candidate can complete this at a time that suits them using their smartphone or tablet.
2. Candidate scans their document
The candidate will be prompted to photograph their identity document, or scan their passport using NFC technology.
If applicable, they will also provide a share code.
3. Biometric verification
The candidate will then be prompted to take a selfie, which will be cross-referenced with the document to confirm that the individual presenting it is the genuine owner.
4. Verification outcome
After the checks are completed, the platform provides a result. The employer will receive a notification to confirm that the identity has been verified, and if additional review is required, it will be flagged at this stage.
5. Audit trail is created
Digital verification platforms will automatically create an audit trail that includes the date and time of the check, the outcome, and the documents used.
Advantages
Digital verification is preferred by many businesses because it offers:
Challenges
Some reasons for resistance to digital verification methods include:
However, if the candidate is supported through this process, it is rare that these checks cannot be completed digitally.
Many visa holders can prove their Right to Work status digitally using a share code obtained through GOV.UK and verified online.
However, not all individuals will have an immigration status that can be checked online, so this method can only be used in specific cases.
The ECS provides an alternative route where individuals cannot provide standard evidence but may still have permission to work.
If the candidate has an outstanding application or appeal, or their immigration status is under review, this service may be required to enquire about their status. It can also be used if the individual entered the UK before 1988 and doesn’t have proof of immigration status, or if they are having issues obtaining a share code.
If you can’t complete a digital check, there is a select list of approved documents that can be used to prove Right to Work*. The documents can be accepted depends on the status of a candidate.
LIST A: For a person who has continuous right to work in the UK (including British and Irish citizens). Documents include:
LIST B: For a person who has temporary right to work in the UK. Documents include:
*To see the full list of accepted documents and the circumstances in which they can be used, visit the GOV.UK website.
Not all workers require repeat Right to Work checks. In most cases, follow-up verification is only necessary where an individual holds time-limited permission to work in the UK.
The purpose of repeat checks is to confirm that work permission remains valid throughout the employment relationship.
Repeat checks are commonly required for:
Skilled Worker visa holders
Graduate visa holders
Student visa holders
Temporary visa holders
Workers with limited immigration status
Managing repeat checks manually can be difficult, particularly where organisations employ large numbers of workers with different expiry dates. A missed repeat check can undermine an employer's statutory excuse and create significant compliance risk.
Common issues include:
Missing renewal deadlines
Poor visibility of visa expiry dates
Manual spreadsheet tracking
Inconsistent follow-up procedures
In order to avoid these challenges, businesses should ensure they do the following:
Track expiry dates centrally
Set automated reminders
Assign ownership for compliance monitoring
Maintain evidence of all follow-up checks
Every employee must undergo a Right to Work check, regardless of nationality.
Failing to apply checks consistently not only creates compliance gaps, but can expose organisations to discrimination claims.
Organisations may complete initial checks correctly but fail to monitor workers with time-limited visas. Without proper processes in place, visa expiry dates can be overlooked.
Employers must retain evidence that a compliant check took place. Missing records makes it difficult to demonstrate compliance during an audit or investigation.
Permission to work is not always unrestricted. Employers should carefully review:
As immigration status becomes increasingly digital, employers relying solely on paper-based processes may face a higher administration burden and compliance challenges.
☑ Can we prove every worker has been checked?
☑ Can we easily identify visa expiry dates?
☑ Do we have automated reminders?
☑ Can we produce an audit trail if requested?
If the answer to any of these questions is no, your processes require review.
Currently, businesses only need to complete Right to Work checks for direct employees. However, this is set to change on 1 October 2026 as the scope of obligations expand.
Under the new rules, businesses will also need to conduct checks on:
The definition of who qualifies as an employer will also broaden because of this. Businesses that arrange labour through subcontracting chains, online matching platforms or other similar arrangements may be treated as an employer under these changes.
Another significant change is the introduction of extended liability. This will mean that you don’t have to have a direct contractual relationship with an illegal worker to be liable for their status.
The impact will vary across sectors. While they will mostly affect any organisation that relies on a more flexible workforce, all businesses should look to review their processes. As the new regulations extend beyond direct employees, businesses need to prepare for higher volumes of checks.
Some examples of sectors that will be most impacted include:
Hospitality
These businesses often rely on seasonal workers and zero-hour contracts as demand can fluctuate, especially in areas with high levels of tourism.
Construction
Not all trades are needed at all stages of a build. Companies will often use subcontractors to access highly trained specialists when needed, so they don’t have to keep them on site with no work.
Logistics
Similar to hospitality, demand can fluctuate. Additionally, it allows for nationwide companies to hire in local areas more easily.
Without the right systems in place, businesses could face:
Businesses that work with large numbers of contractors or temporary staff may find that manual checks may become difficult to manage at scale. Businesses should review their current procedures to identify where they will be affected before the new regulations are introduced.
☑ Automate Right to Work checks where possible
☑ Train recruitment and HR teams
☑ Verify identity and work permission
☑ Review work restrictions and visa conditions
☑ Retain evidence of the completed check
☑ Record the date the check was performed
☑ Monitor visa expiry dates
☑ Conduct required follow-up checks
☑ Store records securely
☑ Maintain clear audit trails
☑ Review compliance processes regularly
☑ Integrate checks into onboarding workflows
☑ Implement automated reminders
☑ Audit compliance procedures annually
Yes. Employers should conduct a Right to Work check for all workers regardless of nationality.
A share code is a unique nine-character code generated through GOV.UK that allows employers to verify immigration status online.
Employers should retain records throughout employment and for the required period after employment ends in accordance with Home Office guidance, which is currently two years.
Yes. Digital Identity Verification Technology (IDVT) enables compliant remote onboarding. All that’s needed is a smartphone or tablet, which will be used to download an app to complete the process.
The employer must carry out any required follow-up checks before the permission expires. Continuing to employ someone who no longer has the right to work could expose the organisation to hefty penalties.
Currently, checks primarily apply to direct employees. However, from October 2026, the scope of obligations is expected to expand significantly and may include contractors, subcontractors, gig workers and labour-matching platforms.
When an employer completes a compliant Right to Work check before employment begins, they establish what is known as a statutory excuse. This provides protection against civil penalties if it’s later discovered that the individual did not have permission to work despite the employer carrying out appropriate checks.
However, the statutory excuse only applies where checks have been conducted correctly, and evidence has been retained in line with Home Office guidance.
Streamline the entire verification process by automating your Right to Work checks, reducing manual intervention. Integrated directly into your existing CRM and onboarding workflows, it's easier than ever to confidently check candidates, no matter the volume.