Employer’s right to work checks

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Right to work checks

You need to do a right to work check before hiring someone. You need to do this for all workers of 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.  

If a worker has limited leave to remain, you must do more right to work checks before their visa runs out.  

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.  

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  

You can do a manual document check for workers of all nationalities.  

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 more right to work checks if the worker continues to work for you after their current visa runs out. You’ll need to do this before their visa expires.  

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 Identity Service Provider (IDSP). IDSPs can do checks remotely by using Identity Document Validation Technology (IDVT). 

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 IDSP 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. 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 hired an EU citizen before 1 July 2021  
• You've already done a right to work check and it’s still valid  

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: 

• A paper ‘Certificate of Application’ for an EU Settlement Scheme application 
• An Application Registration Card (ARC) 
• No acceptable documents to do an online check 
• Outstanding visa applications 

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 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) 
• An official letter or document from a previous employer or government body (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) 

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 
• 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