Right to Work checks are a legal obligation for every UK employer — not just large businesses with HR departments, but sole traders, small businesses, and charities too. In 2026 the shift from cards to eVisas has changed how the checks work, and the penalties for getting it wrong have doubled. This guide explains the current process, the exceptions, and how to stay compliant.

Warning

Civil penalties for illegal working were doubled in February 2024 — now up to £60,000 per illegal worker for employers who did not conduct the required checks. The "statutory excuse" (protection from penalty) requires a correctly conducted check before employment starts.

The legal basis — what you must do

Under the Immigration, Asylum and Nationality Act 2006, all UK employers must check that every employee has the right to work in the UK before their employment starts. The requirement applies to:

  • All employees, regardless of nationality
  • All workers, regardless of contract type (permanent, casual, zero-hours, agency)
  • Workers provided by employment agencies (the agency must check, but the hirer is also liable in some circumstances)

Failure to check, checking incorrectly, or knowingly employing someone without the right to work all carry separate legal consequences.

The two types of check — online vs manual document

Online check (for most migrants and British/Irish citizens with online status)

For anyone who proves their right to work via an , the check is done online at gov.uk/view-right-to-work.

Process:

  1. Employee generates a Right to Work share code from their UKVI account (9-character code, valid 90 days)
  2. Employee provides you with: the share code AND their date of birth
  3. You enter both at gov.uk/view-right-to-work
  4. The system displays: full name, photo, immigration status, work conditions, leave expiry

What to do with the result:

  • Save or print the result page
  • Keep it on file for the duration of employment plus 2 years after they leave
  • No need to see the physical , visa vignette, or any other document — the online check is sufficient

Manual document check (for British and Irish citizens without online immigration status)

British citizens prove right to work using:

  • UK passport (any issue date, even expired)
  • Irish passport
  • UK birth certificate + National Insurance letter/card
  • UK permanent residence document (legacy pre-2016 EU documents)

Process for manual checks:

  1. Employee shows the original document (you cannot accept photocopies)
  2. You check the document is genuine (no obvious tampering, photo matches person)
  3. Take a clear copy (both sides if applicable)
  4. Record the date you made the check on the copy
  5. File the copy for employment duration plus 2 years

Share codes — what they show and what they don't

The online Right to Work check returns specific information about the worker's immigration status. A sample result for a Skilled Worker:

Name: Priya Sharma Date of Birth: 15/03/1990 Nationality: Indian Right to work: This person has the right to work in the United Kingdom Work conditions: This person's right to work is not time limited Leave expires: 14 June 2028

What the check does NOT show:

  • The worker's passport number
  • The worker's Home Office reference number
  • The specific visa category they hold
  • Restrictions on working hours (for Student visa holders, this IS shown: "Limited to 20 hours per week during term time")

For Student visa holders, the check will show specific work hour restrictions. You must comply with these. Employing a Student visa holder beyond their permitted hours exposes both you and the student to penalties.

Follow-up checks for time-limited leave

When an employee's immigration status is time-limited (e.g. Skilled Worker expiring in 2028), you must:

  • Set a reminder to conduct a repeat check shortly before their leave expires
  • Request a new share code from the employee when their leave is extended or renewed
  • Document the repeat check in the same way as the initial check

If an employee's leave expires and they do not provide evidence of an extension:

  • You must stop employing them if you cannot confirm their right to work
  • Do not simply continue employing them and hope for the best
  • The employee may be on 3C leave (extension pending) — request a new share code immediately; 3C leave is confirmed by the online check

There is no grace period for continuing employment after a right to work check shows expired status. Your exposure begins from the day you knew or should have known.

The statutory excuse — how to protect your business

If you conduct a correct right to work check and later discover the worker did not have the right to work, you have a "statutory excuse" — you cannot be fined for employing them. The statutory excuse requires:

  1. Check conducted before employment started (not on day 1, before day 1)
  2. Check conducted using the correct method (online share code check OR manual document check for the right document type)
  3. Check result showing right to work
  4. Copy of result (for online) or document (for manual) retained

If you did not do the check, there is no statutory excuse. If you did the check after they started, there is no statutory excuse for the period before the check. If you accepted an incorrect document (e.g. an expired BRP), there may be no statutory excuse.

BRP cards — can you still accept them?

No. As of 2025, BRPs issued before 31 December 2024 showed that date on their face. These expired BRPs are not valid Right to Work documents from a compliance standpoint. The worker must use the online share code system.

If a worker presents a BRP with a face-expiry of 31 December 2024, do not log this as the right to work check. Ask them to generate a share code from their UKVI account. Their underlying immigration leave may well continue to 2026 or later — but you need the online check to confirm this.

Right to Rent checks — for landlords

A separate but similar obligation applies to private residential landlords. You must check that adult occupiers have the right to rent in the UK. The check uses the same share code system:

  • Tenant generates a "Right to Rent" share code (a different code type from Right to Work — they must select the correct type)
  • You check at gov.uk/view-right-to-rent
  • Result confirms right to rent, any conditions, and expiry date

Letting agents are obligated to conduct this check on behalf of landlords. If you're using an agent, verify they have documented the check correctly.

Penalty for breach: Up to £5,000 per adult lodger/tenant without the right to rent, up to £10,000 per occupier for repeat offences.

Online identity service providers — an alternative for some checks

From April 2022, employers can use Identity Document Validation Technology (IDVT) service providers for online right to work checks of British and Irish citizens. These are third-party digital identity services (like Yoti, TrustID, Onfido) that verify a person's passport biographic page and facial match digitally.

Using IDVT:

  • The worker submits a selfie and passport photo through the provider's app
  • The provider verifies identity and returns a result to the employer
  • The employer stores this as the right to work check record

IDVT is optional and not required. It is popular with companies doing remote onboarding or high-volume hiring where in-person document checks are impractical.

What to do when a check fails or is inconclusive

Share code "invalid" or "no result found":

  • Ask the employee to regenerate the share code (they expire after 90 days)
  • Verify the employee entered the share code and date of birth correctly
  • If still no result: the employee contacts UKVI (the employer cannot access UKVI systems on behalf of the employee)
  • Do not start employment until the check returns a positive result

Result shows "No right to work":

  • You cannot employ this person in the UK
  • Document the check and result
  • If you believe there's an error, the worker should contact UKVI to resolve; you cannot hire them while it remains unresolved

Result shows time-limited leave that has already expired:

  • Check if 3C leave applies (worker has a pending extension application — the online check will show this)
  • If 3C leave is confirmed, the worker can continue employment under the same conditions as their original leave
  • Set a reminder to re-check once the extension decision is received

Overseas workers starting before arriving in the UK

A Skilled Worker applicant overseas who has received their visa (and has the vignette in their passport) but hasn't yet entered the UK cannot generate a UK share code. The eVisa activates on first UK entry.

For employers wanting to complete a right to work check before the worker's first UK day:

  • You can complete the check on day 1 of employment (the actual first working day in the UK after entry)
  • The worker generates their share code as soon as they arrive and have internet access
  • Employment cannot legally start before the check is done — "day 1" means after the check

Some employers conduct a provisional ID check at offer stage (passport copy, visa confirmation) as a process step, followed by the formal right to work share code check on or before day 1.

Record keeping — what you must retain

For each employee, retain:

  • The right to work check result (online check printout or copy of manual document)
  • Date of check clearly marked
  • Repeat check results when conducted

Retain for: employment duration + 2 years after employment ends.

UKVI can inspect these records as part of a compliance visit. An employer who cannot produce records for a current or former employee has no statutory excuse and faces the civil penalty.

Frequently asked questions

Frequently asked questions

  • Conduct the check now. If they have the right to work, document it. If they don't, take legal advice immediately before any next steps. Conducting a late check doesn't create a statutory excuse but demonstrates good faith and may affect the penalty level.

  • Without a completed check, you cannot legally start or continue their employment. If they refuse to cooperate with a right to work check, this is typically a termination ground under employment law — take HR or legal advice on the process.

  • EU citizens who have Settled or Pre-Settled Status under the EU Settlement Scheme prove their right to work via the online share code system (their status is an eVisa). EU citizens who arrived before 31 December 2020 and have EU passports alone do not automatically have the right to work — they need to have applied for EUSS and have a valid EUSS grant.

  • Individuals who are only shareholders or directors and do not receive employment income (no PAYE) are generally not "employees" for right to work purposes. But directors who receive salary payments should have a right to work check conducted. When in doubt, conduct the check — there's no penalty for checking someone who turns out to be a British citizen.