Employers’ right to work checks

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Who needs a right to work check?

You need to do a right to work check before hiring a worker or engaging someone directly to do work or services. 

Right to work checks apply to all nationalities, including British and Irish nationals.  

You could get a fine if you fail to do a right to work check properly. 

You’ll have a statutory excuse (a defence) against a fine if you do a right to work check properly but unintentionally hire a worker who doesn’t have the right to work for you.  

Right to work checks apply to: 

• Workers or employees under a contract of employment
• Someone you engage directly to do work or services including a self employed worker if they carry out the work under a direct agreement

Right to work checks do not apply when:

• You are a client or customer of a genuinely self employed person
• You contract a company to provide services; they do the check on the workers they supply, directly engage and manage.

What is extended liability? 

Extended liability can apply where there is more than one employer engaging a worker. The company that supplies the workers must carry out the right to work check. You do not need to conduct the check if you are not supplying the worker. However, you should take steps to avoid liability under the extended liability rules. You must have written terms that set out who is responsible for the checks. You must have controls against further unapproved subcontracting or substitution (substitution means the work is done by a different person than the one originally agreed). You must also have proportionate systems in place to verify the identity of the worker, or the substitute to ensure the person actually carrying out the work is the person who carried out the check.

Follow-up right to work checks

If a worker has limited leave to remain, you must do follow-up right to work checks before their visa runs out.  If a worker has pre-settled status under the EU Settlement Scheme a follow-up check is not needed. In practice, when you conduct the right to work check correctly, the system will tell you if the worker has time-limited permission or leave to remain. Those with pre-settled status will not show an end date to their permission on the right to work check.

You can do a right to work check in one of four ways: 

• Manual document checks 
• Digital identity checks  
• Using the Home Office’s online 'view and prove your immigration status' service 
• Using the Home Office’s employer checking service

Manual document check

A manual document check involves checking a worker’s original immigration documents. For example, their passport.  

You’ll do a manual document check when you can’t check a worker’s right to work online, for example for British or Irish citizens.

You can:  

• Meet a worker in person to check their original documents  
• Receive their original documents by post and have a video call with the worker  

There are three lists of documents you can accept (gov.uk): 

• List A 
• List B Group 1 
• List B Group 2 

You can use List A for workers with a continuous right to work. For example: 

• British and Irish citizens 
• People with indefinite leave to remain 

If you use List A, you don’t need to do further right to work checks.   

You can use List B for workers with limited leave to remain: 

• List B Group 1 provides proof of right to work until a worker's visa runs out
• List B Group 2 provides proof of right to work for six months

If you use List B Group 1 and 2, you’ll need to do the right to work checks again if the worker intends to work for you after their current visa runs out. For Group 1, you’ll need to do the check before their visa expires.  For Group 2, you’ll need to do the check before the end of the six months.

You’ll need to:   

• Get original documents mentioned in List A/B (gov.uk) 
• Check:  
  • The documents are original  
  • They belong to the worker   
  • The worker has the right permissions to work for you 
• Make a copy of the documents 
• Save the copy and date of the check 

You need to keep records of the check securely for:  

• As long as the person is working for you   
• Two years after their employment ends  

Digital identity checks

You can do digital identity checks for British or Irish citizens only. They must have a valid passport.  

You can use a certified digital verification services provider (DVSP). DVSPs can do checks remotely by using Identity Document Validation Technology (IDVT). You do not need to use a DVSP. If you use a Digital Verification Service Provider (DVSP), you must make sure it is registered with the Home Office and approved to verify identity for right to work checks.

Read the list of Identity Service Providers (gov.uk) 

There are different standards or levels of checks. The Home Office recommends that checks are at a ‘Medium Level of Confidence’ and above. 

You’ll need to check the worker’s details match the DVSP results. Essentially, make sure the person in the digital check photograph is the same person you’ve hired.  

You’ll need to keep accurate records of digital identity checks that you’ve done for:  

• As long as the person is working for you  
• Two years after their employment ends 

Home Office online right to work check

UKVI has an online service for employers to check if someone has the right to work using a share code. This is called ‘Check a job applicant’s right to work: use their share code (gov.uk)’

You can’t use this service for British and Irish citizens.  

You can use this service if someone has any of the following: 

• UKVI account 
• eVisa 
• Biometric Residence Card (BRC) 
• Biometric Residence Permit (BRP) 
• Frontier Worker Permit  

Ask them to:  

1. Log into their online ‘view and prove your immigration status’ service  
2. Generate a ‘share code’, that is valid for 90 days 
3. Share this code with you 

A ‘share code’ will have nine characters.  

You can check a person’s right to work online using their:  

• Share code  
• Date of birth  

You must use the ’checker’ section of the online service.   

A share code is valid for 90 days. You can use the same share code multiple times. If a share code runs out, a worker can get a new one.  

There’s no need to do a repeat check if:  

• You've already done a right to work check and it’s still valid within their time-limit shown on the online system
• You hired an EU citizen before 1 July 2021  
• You’ve completed a check for someone who holds pre-settled status under the EU Settlement scheme
• If you’ve completed a right to work check for someone who holds indefinite leave to remain or settled status

You’ll still need to make sure the worker matches the photograph on the online check. You can do this in person or via a video call. 

You should also keep a PDF or print-out copy of the online right to work check. You need to keep accurate records of the check for:  

• As long as the person is working for you  
• Two years after their employment ends 

Home Office Employer Checking Service

You’ll need to contact the Home Office’s Employer Checking Service (ECS) (gov.uk) for workers with: 

• Outstanding visa applications 
• A paper ‘Certificate of Application’ for an EU Settlement Scheme application. For digital Certificates of Application, you conduct an online right to work check using a share code.
• An Application Registration Card (ARC) 
• No acceptable documents to do an online check 

This is a free service. 

The ECS aim to answer within five working days.  

You’ll get a Positive Verification Notice (PVN) from the ECS if someone has the right to work. 

A PVN appears on List B Group 2 of acceptable documents (gov.uk). This means the statutory excuse is limited to six months only and so you’ll need to do a follow-up check.

You need to keep accurate records of the check for:  

• As long as the person is working for you  
• Two years after their employment ends 

How workers can prove their right to work

Workers will need to prove they have the right to work for you.  

Workers who are British or Irish citizens can prove their right to work with their passport or passport card (for Irish citizens). If they do not have a passport, they can use a UK birth or adoption certificate (or Irish equivalent), or a certificate of registration or naturalisation. If relying on a birth certificate or certificate of registration or naturalisation then they must also provide an official letter or document from a previous employer or government body giving their name and permanent National Insurance number (e.g. a P45).   

Workers who are not British or Irish citizens can prove their right to work by: 

• Getting a share code online (gov.uk) 
• Sharing their original immigration documents with you 

They can get a share code online if they have a: 

• UKVI account 
• Biometric residence card (BRC) 
• Biometric residence permit (BRP) 

You cannot use an expired BRP or BRC for a manual right to work check, you must carry an online check if the potential worker presents an expired BRP or BRC.

They’ll have a UKVI account if they: 

• Have status or applied for status under the EU Settlement Scheme  
• Used the UK Immigration: ID Check smartphone app to prove their identity in an immigration application 
• Have an eVisa or created a UKVI account to access an eVisa 

Alternatively, they can use the following immigration documents to prove their right to work: 

• Valid passport with a Home Office stamp or vignette for indefinite leave to remain 
• A current immigration status document, such as a biometric residence permit (BRP) or a biometric residence card (BRC) 
• Application registration card (ARC), if they have claimed asylum and have permission to work 

If they have an immigration status document, they’ll need to give you a letter or document from a previous employer or government agency, for example, a P45 document.  

If they have an application registration card (ARC), they’ll need to show this to you. You’ll need to use the Home Office’s Employer Checking Service to check their right to work (gov.uk)

Photo credit: Scottish Enterprise