Right to Work Check Checklist (for Employers)

Every UK employer must check that an employee has the right to work in the UK before employment begins — not afterwards, because only a check completed beforehand gives you a statutory excuse against a penalty. Get it wrong and you face civil penalties of up to £60,000 per illegal worker, and sponsor licence holders risk losing the licence entirely. Most non-British and non-Irish staff are now checked online rather than on paper. Use this checklist for every new starter.

Do the check before the first day of work

The timing is what gives you protection. A check completed correctly before employment begins provides a statutory excuse against a civil penalty if it later turns out the person had no right to work. A check done afterwards, however thorough, does not. Repeat checks are also required before time-limited permission expires, so diarise those dates as soon as someone joins.

  • Most non-British and non-Irish staff: use the Home Office online service with a share code and the person's date of birth. Physical documents have largely been replaced by eVisas.
  • British and Irish citizens: a manual check of an acceptable original document, or an identity document validation service, with a clear dated copy retained.
  • Record keeping: keep the online profile or copies securely for the whole employment and for two years afterwards.

Apply the same process to everyone. Checking only people who appear or sound foreign is race discrimination, and it is both unlawful and a common failing found during compliance audits.

If you discover a problem with an existing employee, do not simply carry on. Take immigration advice immediately — continuing to employ someone you know has no right to work is a criminal offence, while dismissing someone on a mistaken assumption creates its own liability.

Before the check

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Online check (eVisa Share Code)

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Manual check (British/Irish citizens with passport)

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IDSP check (British and Irish citizens only)

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After the check

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Helpful organisations

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Visit website0800 144 8848

Frequently asked questions

What is a share code and how does the employee get one?
It is a nine-character code the individual generates through the Home Office online service using their own identity details, and it lets you view their right to work status. They give you the code and their date of birth, and you view the result yourself — you should not accept a screenshot or a printout, because only the online view provides the statutory excuse. Codes expire after a period, so ask for a fresh one if it has lapsed.
What if the employee has an outstanding Home Office application?
Someone who applied to extend or vary their permission before it expired usually continues to have the right to work on the same terms while the application is pending. You cannot verify that through the standard online route, so use the Employer Checking Service, which issues a Positive Verification Notice valid for a defined period. Diarise the expiry of that notice and check again. Keep a copy as part of your records.
How often do I need to repeat the check?
For British and Irish citizens and others with permanent status, an initial check is sufficient and no follow-up is needed. Where someone has time-limited permission, you must repeat the check before it expires, and continuing to employ them past that point without a valid follow-up removes your statutory excuse. Build the expiry dates into your HR system with reminders well in advance rather than relying on the individual to raise it.
What happens if we get it wrong?
Employing someone without the right to work exposes the business to a substantial civil penalty per worker, and knowingly doing so is a criminal offence for which directors can be prosecuted. Sponsor licence holders risk suspension or revocation, which affects every sponsored worker they employ. Penalties are reduced where you cooperate and have made genuine efforts to comply, which is another reason to keep clear, dated records of every check you carry out.

Related guides

Right to Work Checks for Employers

All UK employers have a legal duty to check that every employee has the right to work in the UK before they start work. Correctly conducted checks provide a statutory excuse against civil penalties if it later transpires that the employee is working illegally. Failure to carry out checks can result in a civil penalty of up to £60,000 per illegal worker and, in serious cases, criminal prosecution.

7 min

The eVisa Transition: From BRP to Digital Status

The Home Office replaced the physical Biometric Residence Permit with an online 'eVisa' from 1 January 2025. Everyone with leave to enter or remain needs a UKVI account to view and prove their status. This guide explains what to do if you have not yet made the switch, what the eVisa proves, and the practical issues of travelling and working without a physical document.

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Sponsor Licence for Employers

UK employers who want to hire workers from outside the UK (and outside the existing settled workforce) generally need a sponsor licence issued by the Home Office. Without a licence, you cannot issue Certificates of Sponsorship to prospective employees, meaning overseas workers cannot apply for a Skilled Worker visa to work for you. This guide explains the process and ongoing obligations.

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Sponsor Licence Revocation: What Workers and Employers Should Know

Sponsor licence revocation is a Home Office sanction that ends a company's ability to sponsor workers. For workers on Skilled Worker, Health & Care Worker, or other sponsored visas, revocation means they have 60 days to find a new sponsor or leave the UK. The number of revocations rose sharply in 2023-2024, particularly in the care sector. This guide covers both sides.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.