Right to work checks UK: What employers must do before hiring

Published Friday 10 July 2026

Table of contents

• What is a right to work check in the UK?
• Which documents prove the right to work?
• How to carry out a right to work check
• What to do if an applicant can't show their documents
• When do I need follow-up checks?
• Hiring people on time-limited visas
• What are the penalties and the statutory excuse?
• Simplify right to work record-keeping with Xero
• FAQs on right to work checks

Key takeaways

• Complete a right to work check for every UK hire before they start work, using the correct method for their nationality and immigration status.
• Understand that List A documents show continuous permission to work, while List B documents are time-limited and need follow-up checks before they expire.
• Check right to work using original documents, the Home Office online service with a share code, or a certified Identity Service Provider for British and Irish passports.
• Keep clear, dated copies of all evidence, store them securely for the duration of employment plus two years, and set reminders for any follow-up checks.

What is a right to work check in the UK?

A right to work check is a legal verification you must complete before anyone starts working for you. It confirms that a job applicant has permission to do the type of work you're offering, which protects you from employing someone illegally.

Every UK employer must carry out these checks. Skip this step or do it incorrectly and you risk a civil penalty of up to £45,000 per illegal workerThe process involves examining original documents or using the Home Office online service to verify immigration status. You'll need to confirm the person's identity, check their photo matches, and make sure any visa or permission covers the role you're hiring for.

You can find detailed employer guidance, document lists, and step-by-step instructions in the GOV.UK right to work checks guidance. Bookmark that page – it's your first port of call when you're unsure.

Completing a right to work check correctly gives you a statutory excuse. This protects you from civil penalties if the Home Office later finds the person did not have the right to work, as long as you followed the correct process and kept proper records.

Which documents prove the right to work?

Not all documents are equal when it comes to proving the right to work in the UK. The Home Office divides acceptable evidence into two categories: List A and List B.

• List A documents show a continuous right to work. If someone presents a valid List A document – such as a British passport, an Irish passport, or a biometric residence permit showing indefinite leave to remain – they can work for you without time limits. You don't need to check again unless their circumstances change.
• List B documents show a time-limited right to work. These include visas with an expiry date, such as Skilled Worker visas or Graduate visas. If you hire someone with List B permission, you'll need to schedule a follow-up check before their visa expires.

The GOV.UK right to work document list sets out exactly which documents are acceptable. Only accept original, in-date documents that look genuine and untampered. If you're uncertain, use the online service or ask the applicant to provide a share code.

How to carry out a right to work check

There are three ways to check right to work in the UK: manually using original documents, online using a share code, or digitally via a certified IDSP.

Always use the same process for every applicant, so that everyone is treated fairly and consistently.

Manual checks

This is the traditional route using physical documents:

1. Ask for original documents. Request documents from the right to work document list UK and confirm they allow the work on offer. For example, a Skilled Worker visa must cover the role and the sponsor. Check that the document is genuine.
2. Check the documents in the applicant's presence. Compare the photo to the person in front of you, check dates and expiry, and look for signs of tampering or forgery. If the document shows a different name – perhaps due to marriage – ask for evidence such as a marriage certificate.
3. Copy the documents in full. Take clear copies of every page, including the front and back of cards. Write the date you did the check on the copy. If the person has changed their name, copy the supporting evidence too. Poor-quality copies that are blurry or incomplete won't protect you if the Home Office investigates later.
4. Decide if permission is continuous or time-limited. List A documents mean no follow-up is needed. List B documents require you to plan another check before the permission expires. Make a note in your calendar or HR system about when the next check is due, giving yourself plenty of time before the deadline.

Online checks with a share code

If the applicant has a biometric residence permit, visa, or other immigration status, they can generate a right to work share code.

1. Ask the applicant for their share code and date of birth. They'll receive a 9-character code that's valid for 90 days. They'll need their biometric residence permit number or other immigration document details to create the code.
2. Use the online service to view their profile. Enter the code and date of birth on the Home Office online service, then review the information displayed. The service will show you the person's photo, their immigration status, and what work they're allowed to do. Check that all the details match what the applicant has told you.
3. Confirm photo likeness and work permissions. Check that the photo matches the person, and that the visa or status covers the type of work you're offering. Save or print the profile page with the check date recorded. The online service will tell you if there are any restrictions on the type of work they can do or the hours they can work.
4. Plan any follow-up if time-limited. If the status has an expiry date, set a reminder to repeat the check before it lapses. The online service will show you exactly when their permission expires, so you can schedule the next check well in advance.

Digital checks with a certified IDSP

For British and Irish passport holders, you can use an Identity Service Provider (IDSP) certified by the Home Office.

1. Use a certified IDSP to complete identity verification. The provider will check the passport using Identity Document Validation Technology (IDVT) and verify the person's identity.
2. Review the IDVT result to confirm a match. The IDSP will provide a report showing the passport is genuine and the person matches the document. This report will include details of the checks carried out and confirmation that the passport passed all security tests.
3. Keep the IDSP report and record the date of the check. Store the report securely alongside your other employment records. The report proves you used an approved method to verify the person's right to work, which gives you the statutory excuse you need.

What to do if an applicant can't show their documents

Sometimes an applicant's documents are with the Home Office, perhaps because they've applied for a new visa or are appealing a decision. In this situation, you can use the Home Office Employer Checking Service.

1. Contact the Employer Checking Service. Use the online service to request a Positive Verification Notice. This notice confirms the applicant has a pending application or appeal and has the right to work while a decision is made.
2. Keep the notice as evidence. The notice will state how long it's valid for, which is typically six months. Keep a secure digital or physical copy of this notice as your evidence of the right to work check. This notice serves the same purpose as checking original documents – it gives you the statutory excuse you need to employ the person legally.
3. Schedule a follow-up check. You must repeat the right to work check before the Positive Verification Notice expires. If the applicant's status changes, you'll need to verify their new permission to continue their employment legally. Set a reminder well before the expiry date to avoid any gaps in their right to work.

When do I need follow-up checks?

Follow-up checks apply when someone has time-limited permission to work. This includes anyone with a List B document, such as a Skilled Worker visa, a Graduate visa, or a Positive Verification Notice.

Schedule your follow-up check before the permission expires. You can set reminders in your calendar or use payroll software that tracks visa expiry dates.Don't wait until the last day – give yourself at least a week's notice in case there are issues.

If the person renews their visa or applies for indefinite leave to remain, repeat the check using their new documents or share code. Once they have indefinite leave or settled status, you won't need to check again unless their circumstances change.

Hiring people on time-limited visas

Some workers have permission to work in the UK for a fixed period only. When you hire someone on a time-limited visa, you take on specific responsibilities beyond the initial right to work check.

As a small employer, you'll most often see these three types of visa:

• Skilled Worker visa: The worker can only do the job and work for the sponsor named on the visa. Check that the role you're offering matches the visa conditions before they start.
• Graduate visa: Holders can work in most roles for two years (or three years for doctoral graduates) after finishing a UK degree. There are no restrictions on job type, but the visa has a fixed end date.
• Student visa: Holders can work a limited number of hours during term time, up toy 20 hours per week, and full-time during official vacation periods. Check the visa conditions carefully, as exceeding permitted hours is an illegal working offence.

For all time-limited visas, you must:

• Carry out a follow-up right to work check before the visa expires
• Stop employing the worker if their visa expires and they haven't provided evidence of a renewal or new permission
• Contact the Home Office Employer Checking Service if you're unsure whether a worker still has permission to work

The rules around permitted hours and visa conditions are set by the Home Office. Check the GOV.UK employer guidance for the most up-to-date information before hiring.

What are the penalties and the statutory excuse?

Employing someone illegally can result in a civil penalty of up to £45,000 per illegal worker for a first breach, and £60,000 per worker for repeat offences. In serious cases – such as knowingly employing someone without permission – you could face criminal prosecution, an unlimited fine, and up to five years in prison.

A statutory excuse protects you from civil penalties. You gain this excuse by completing a compliant right to work check before the person starts work, and keeping the evidence for the required period. It shows you acted in good faith and followed the correct process – so if it later turns out the person wasn't entitled to work, you won't be liable for the penalty.

What breaks your statutory excuse:

• Incomplete copies: missing pages, illegible images, or no date recorded
• Accepting the wrong documents: checking a photocopy instead of an original document, or not using the online service when required
• Checking documents after the start date: the check must happen before work begins
• Not doing follow-up checks: if permission expires and you don't re-check, your excuse lapses
• Discriminating: applying different standards to different candidates based on nationality or appearance

Simplify right to work record-keeping with Xero

Right to work checks sit alongside payroll and HR records, so you need clear, accurate information in one place. Xero helps you keep your employee and payroll data organised, so your compliance evidence is easy to find when you need it.

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FAQs on right to work checks

This section answers common questions about verifying your employees' right to work in the UK:

Do I need to check British and Irish citizens?

Yes. You must check everyone you employ, including British and Irish citizens, either by examining their original passport or using a certified identity service provider, and keep a record of the check.

Can I do checks before issuing an offer?

Yes. You can complete a right to work check at any point during the recruitment process. Many employers do it after making a conditional offer but before the start date. Just make sure the check is still valid when the person begins work – if you checked months in advance and their visa has since expired, you'll need to check again.

How long is a share code valid?

A right to work share code is valid for 90 days from the date the applicant generates it. You must use the code within that window. If it expires, the applicant will need to generate a new one.

How long must I keep right to work records?

You must keep records for the duration of employment plus 2 years after the person leaves. This applies to copies of documents, online service printouts, and IDSP reports. Store them securely, limit access, and delete them once the retention period ends to comply with data protection rules.

What should I do if a new starter's visa expires before they begin work?

You must carry out a fresh right to work check before the person starts, using their renewed visa or a new share code. If their visa has expired and they haven't received a renewal, you cannot employ them until they can provide valid evidence of their right to work.