Corporate compliance · IAA-regulated advice
UK Right to Work Checks Advice in Birmingham & London
Every employer must check that people can work for them legally before they start. Since 1 October 2026 the duty also covers many workers, sub-contractors and online platforms. We review how you check, train the people who do it and test your records, for a fixed fee agreed in writing.
Last checked 11 October 2026 · Reviewed by Vishal Gautam, IAA-regulated adviser
Overview
What is a right to work check?
A right to work check is how an employer confirms that someone is allowed to work in the UK and to do the job in question. If you do a prescribed check correctly before work starts, and any follow-up checks on time, you have a ‘statutory excuse’: a defence against a civil penalty if the person later turns out to be working illegally.
The rules are in the Home Office employer’s guide to right to work checks and the civil penalty code of practice, both in force from 1 October 2026. From that date the scheme also covers people on worker’s contracts, individual sub-contractors and online matching services, where the work started on or after 1 October 2026.
✓This page is for you if…
- You employ staff in the UK, or are about to take someone on
- You engage workers or sub-contractors personally, or run an app or platform that matches workers with customers
- Someone who works for you has permission that will run out
- You’ve taken on staff through a TUPE transfer or a business purchase
Quick check
Are your right to work checks safe? Six questions, one minute
Answer honestly. Nothing is saved or sent: this is a general guide, not advice on your case.
Do you check everyone before their first day, whatever their nationality?Checking only the people you think are migrants can be unlawful discrimination.
For anyone with an eVisa, do you use the Home Office online service with a share code?Share codes for work start with ‘W’ and last 90 days. An expired BRP can’t be accepted.
For a manual check, do you hold the original document while the person is present, in person or on a live video call?A scan, photo or a document held up to a camera isn’t enough.
Do you keep a clear copy of each check, with a record of the date it was done?Keep it for the whole employment and 2 years after.
Do you track follow-up checks for anyone with time-limited permission?Check again on or before the date their permission ends.
Have you checked whether your contractors, gig workers or platform users are now covered?The scheme widened on 1 October 2026.
Eligibility
Right to work check requirements
To have a statutory excuse, you must use one of three prescribed checks before work starts and follow every step. Which one depends on the person’s nationality, their status and sometimes their choice.
Manual document check
- Obtain an original document from List A or List B of the Home Office’s acceptable documents
- Check it with the holder present, in person or by live video, while you hold the original
- Make sure it’s genuine, belongs to them, hasn’t expired and allows the work you’re offering, including any limit on hours
- Make a clear copy that can’t be altered, and record the date you made the check
Biometric residence permits stopped being issued on 31 October 2024. An expired BRP isn’t acceptable: do an online check instead.
Home Office online check (share code)
- For anyone with an eVisa: they give you a share code, and you enter it with their date of birth
- Check the photo matches the person, in person, by video call or with a registered provider’s facial matching
- Only employ them if the result shows the right to work and no condition stopping them doing the job
- Save the profile page as a PDF or HTML copy; seeing their own screen or a printout isn’t enough
British and Irish citizens can’t get a share code: check their passport or other List A documents, or use a registered digital provider.
Checks by a registered digital provider
- A Right to Work digital verification service provider can check valid British or Irish passports and Irish passport cards digitally
- The provider must be on the government’s digital verification services register. GOV.UK has called this identity document validation technology (IDVT)
- You must still make sure the photo and details are of the person you’re checking, and keep the provider’s output
- You stay responsible: if the check isn’t done as prescribed, you have no statutory excuse
Don’t treat anyone less favourably because they’d rather have a manual check.
Follow-up checks and the Employer Checking Service
- Check again on or before the date time-limited permission ends, if you want to keep employing them
- No follow-up is needed if your first check showed settled status or status under the EU Settlement Scheme
- If someone can’t show their status because of a pending application, appeal or administrative review, ask the Employer Checking Service, which aims to reply within 5 working days
- There’s no grace period before work starts: consider delaying the start until you have a valid check
A solicitor’s letter or a court judgment doesn’t give you a statutory excuse on its own.
Workers, sub-contractors and platforms
- Businesses that engage people on worker’s contracts, as individual sub-contractors, or through an online matching service can now be liable
- Penalties apply only where that work started on or after 1 October 2026; earlier arrangements aren’t caught just because they continue
- Some businesses higher up a contract chain can face ‘extended liability’, unless their contracts meet set requirements
- Genuinely independent businesses dealing directly with their customers, such as a self-employed plumber, are outside the scheme
Whether you’re liable depends on how the arrangement works in practice, not what the contract calls it.
Documents
Right to work check documents: the easy part
Most people can show a passport or a share code. Penalties come from how the check was done and recorded, not from the document itself.
What everyone needs
- An original List A or List B document, such as a passport
- A share code and date of birth, for anyone with an eVisa
- A clear copy of each document, or of the online check result
- A record of the date each check was made
- The provider’s output, if you use a digital provider
- A Positive Verification Notice, if the Home Office checked for you
Plus documents explaining any change of name, such as a marriage certificate.
Costs & timeline
Right to work checks: penalties and timings
If you can show a correct check, you don’t pay a civil penalty. Without one, the penalty starts at £45,000 per illegal worker for a first breach, or £60,000 for a repeat breach within 3 years, reduced by £5,000 each for reporting and for co-operating.
For each worker
| A correct check before work startsgives you a statutory excuse against a penalty | £0 |
| Civil penalty without one, first breachper illegal worker; £60,000 for a repeat breach within 3 years | £45,000 |
| Maximum penalty per illegal worker, first breachbefore £5,000 reductions for reporting and co-operating | £45,000 |
Penalty levels from the Home Office code of practice in force from 1 October 2026, checked 11 October 2026. For a first breach, an employer that reported the worker, co-operated and had effective checking practices can get a warning notice instead. Knowingly employing an illegal worker is a crime, with up to 5 years in prison and an unlimited fine. A civil penalty can also cost you a sponsor licence. Our consultation fees →
Before day one
Before work startsUse the right check for the person, see the original or the online result, and record the date.
Keep the record
Employment + 2 yearsStore the copy securely, so you can produce it quickly if asked.
Follow-up check
On or before permission endsFor time-limited permission, check again before it ends. Use the Employer Checking Service if an application is pending.
Grace period
Up to 28 daysFor an existing worker with an in-time application, appeal or review, while you get a Positive Verification Notice.
If you find a problem
Report itCall the Home Office employer helpline and ask for a reference number. Keeping someone on once you know they can’t work removes your excuse.
Avoid a penalty
Common right to work check mistakes
Most penalties follow checks that were done, but not in the prescribed way. These are the issues we check first.
Checking after work starts
The check must be finished before work starts. There’s no grace period for new starters, so a late check leaves you without a statutory excuse.
We check: your onboarding order, from offer to first shift.
Accepting the wrong evidence
Expired BRPs, screenshots or the person’s own view of their eVisa don’t count. eVisa holders must be checked online.
We check: which method you use for each status.
Undated or unclear copies
Writing a date on a copy isn’t enough: you need a dated declaration or a record made when the check was done.
We check: your copies against the guide’s requirements.
Missed follow-up checks
For someone with time-limited permission, your statutory excuse ends when their permission ends unless you check again.
We check: how follow-up dates are tracked.
Checking only some people
Making assumptions from someone’s accent, name or nationality, or checking only those you think are migrants, risks a discrimination claim with no cap on compensation.
We check: that you check everyone the same way.
Contractors left out
Since 1 October 2026, workers, individual sub-contractors and platform workers can bring liability, including through a chain of contracts.
We check: which of your arrangements are now covered.
How we help
Our right to work check services
Choose a one-off review, or ongoing support for your HR team, for a fixed fee.
Process review
We review how you check, record and follow up, and tell you plainly where the gaps are.
Records audit
We sample your files and test whether each one would give you a statutory excuse.
Staff training
We train the people who do your checks, including eVisas, share codes and digital providers.
Case-by-case help
When a check isn’t straightforward, such as a pending application or a TUPE transfer, we tell you what to do.
Our scope: we’re regulated by the Immigration Advice Authority at Level 1. We explain your right to work duties and how to keep a statutory excuse. If you receive a civil penalty notice, we explain the process and deadlines and refer any objection or appeal to a solicitor or higher-level adviser.
FAQs
Right to work check questions, answered
Who do I need to check?
Everyone you employ, before they start, including British citizens. From 1 October 2026 the scheme also covers people you engage on a worker’s contract or as individual sub-contractors, and online matching services, where the work started on or after that date. Check everyone the same way to avoid discrimination.
Can I check documents over a video call?
Yes, for a manual check, as long as you have the original documents in your hands, for example sent by post, and the person is with you on a live video call. A scan, a photo or a document only shown on camera isn’t enough. For eVisa holders, use the online share code service instead.
What if a British citizen doesn’t have a passport?
British and Irish citizens can’t get a share code, but there are other List A documents. For example, a UK birth or adoption certificate together with an official document showing their name and permanent National Insurance number, issued by a government agency or a previous employer.
What is IDVT, or a digital verification service provider?
It’s a certified provider that checks identity documents digitally. GOV.UK has called this IDVT; the current guide calls them Right to Work digital verification service providers. They can check valid British or Irish passports and Irish passport cards, and some expired by up to 6 months. Use only a provider on the government register, and offer a manual check to anyone who prefers one.
How long do share codes last?
A right to work share code lasts 90 days from when it’s generated, and starts with ‘W’. Codes starting ‘R’ or ‘S’ are for other services and can’t be used. If a code has expired, ask the person for a new one.
Do I need to re-check existing employees?
Only where their permission is time-limited: check again on or before it ends. If your first check showed settled status or EU Settlement Scheme status, no follow-up is needed. You don’t need retrospective checks on EEA citizens who started with you before 1 July 2021, if you checked them correctly at the time.
We’ve taken on staff under TUPE. Do we need to check them?
You inherit the outgoing employer’s statutory excuse, but you’re liable if their checks were wrong. The guide advises a fresh check, and gives you 60 days from the transfer to do it. There’s no grace period for later follow-up checks.
What happens if we get a civil penalty?
You’ll get a civil penalty notice setting out the amount, when to pay and how to object; you must object before you can appeal to the court. Objections and appeals are outside our Level 1 scope, so we explain the process and deadlines and refer you to a solicitor or higher-level adviser. A penalty can also affect a sponsor licence.
Related routes
More on employer compliance
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