Right to Work Checks

Manual right to work checks apply to British and Irish citizens. You must:

1. Obtain original documents — the employee must present one of the acceptable documents from List A (unlimited right to work) or List B (time-limited right to work) in the Home Office right to work guidance
2. Check the documents are genuine in the presence of the holder — examine the photograph, check the name and date of birth are consistent, look for signs of tampering or alteration, and check any expiry dates
3. Make a clear copy of each document, including any photo page of passports, and retain them securely
4. Record the date the check was conducted

Common acceptable documents for British citizens include:

• A current passport (or a passport that expired after 1 October 2021 if the holder is British or Irish)
• A birth certificate (UK or Irish) combined with a National Insurance number document
• A certificate of naturalisation or registration as a British citizen

For non-UK/Irish nationals with a right to work, the primary method since 2021 is the Home Office online right to work checking service. This covers:

• EU, EEA, and Swiss citizens (and their family members) with status under the EU Settlement Scheme
• Holders of a Biometric Residence Permit (BRP)
• Holders of a Biometric Residence Card (BRC)
• Holders of a Frontier Worker Permit
• Holders of UK Visas and Immigration (UKVI) status evidenced in an eVisa

The process is:

1. The prospective employee generates a share code from their UKVI account
2. The employer enters the share code at gov.uk/view-right-to-work along with the individual's date of birth
3. The service displays the individual's right to work status — take a screenshot showing the result and the date

You cannot ask EU/EEA citizens to provide physical EU documents (such as a European passport) as evidence of right to work — this is now unlawful. The online check is the only valid method for those with eVisa status.

Some employees have a time-limited right to work — for example, those on a student visa, skilled worker visa, or family visa. You must carry out a follow-up check before their current permission expires to confirm they have been granted further leave to remain.

Set a calendar reminder for the expiry date of any time-limited right to work. The repeat check should be conducted using the online checking service (for those with a share code) or by examining updated documents.

If an employee's visa expires and they do not demonstrate a continued right to work, you must cease their employment immediately. Continuing to employ someone without a right to work after their visa has expired is a criminal offence, not just a civil penalty matter.

For employees with an unlimited right to work (British/Irish citizens or those with settled status), no repeat check is necessary.

Employers who employ people without a right to work face significant penalties:

• Civil penalty: Up to £60,000 per illegal worker (increased from £20,000 in February 2024). Reduced to £15,000 per worker for a first offence if you can show you have taken some (but insufficient) steps
• Criminal prosecution: Where an employer knew or had reasonable cause to believe the worker had no right to work — up to 5 years' imprisonment and/or an unlimited fine
• Business disruption and reputational damage: The Home Office can publish the names of civil penalty recipients

Carrying out and retaining evidence of a right to work check before the employee starts provides a statutory excuse — meaning that even if it later transpires the documents were forged or fraudulent, you will not face a penalty provided you checked the documents in good faith using the required process.