Introduction

Under the Immigration, Asylum and Nationality Act 2006, all employers in the United Kingdom have a legal responsibility to prevent illegal working. This is achieved by conducting simple, yet thorough, right to work checks on all prospective employees before they commence employment.

Failure to conduct these checks correctly can result in significant civil penalties and, in some cases, criminal sanctions. By diligently following the prescribed procedures, employers can establish a "statutory excuse" against liability. This guide provides a formal overview of the requirements based on the latest UK government guidance.

The Three Types of Right to Work Checks

There are three primary methods for conducting a right to work check. The appropriate method depends on the nationality and immigration status of the individual.

• Manual Document-Based Check: This method is primarily for British and Irish citizens who cannot use the Home Office online service.
• Home Office Online Checking Service: This is the mandatory method for individuals who hold a digital immigration status (an eVisa), a Biometric Residence Permit, or a Biometric Residence Card.
• Identity Service Provider (IDSP) Check: Employers may use a certified IDSP to conduct digital identity checks for British and Irish citizens who hold a valid passport (or Irish passport card).

How to Conduct Each Type of Check

1. The Manual Document-Based Check

This process must be completed in the presence of the individual, either physically or via a live video link. It involves three fundamental steps:

Step 1: Obtain

• You must request and be provided with the individual's original, acceptable documents. A comprehensive list of acceptable documents is provided by the Home Office in List A and List B.
• List A contains documents that establish a permanent right to work.
• List B contains documents that establish a temporary right to work. If an employee provides a document from this list, a follow-up check will be required.

Step 2: Check

• You must meticulously check that the documents are genuine, original, and belong to the person presenting them.
• Key checks include: ensuring photographs and dates of birth are consistent across documents and with the appearance of the individual; verifying that the documents have not expired; and confirming that they permit the type of work you are offering.

Step 3: Copy

• You must make a clear, high-quality copy of each original document. For passports, this must include any page with the expiry date, nationality, photograph, and date of birth.
• You must retain these copies securely (electronically or in hard copy) and record the date the check was conducted.

2. The Home Office Online Checking Service

This is a free online service that provides employers with direct confirmation of an individual's right to work from the Home Office.

The Process:

• The individual must first view their own Home Office immigration status record via the 'prove your right to work to an employer' service on GOV.UK.
• From this service, they will generate a 'share code', which they must provide to you along with their date of birth.
• You, the employer, must then use this share code and date of birth on the 'view a job applicant's right to work' service on GOV.UK.
• The service will show the individual's photograph and confirm their right to work status, including any restrictions. You must satisfy yourself that the photograph on the online check is a true likeness of the individual.

Important: It is imperative that the employer conducts this online check. You cannot rely on a check performed by the individual or a third party (other than a certified IDSP for British/Irish citizens). You must retain evidence of having completed the online check.

3. Using an Identity Service Provider (IDSP)

An IDSP can be used to verify the identity of British and Irish citizens with valid passports or Irish passport cards.

The Process:

• Select an IDSP that is certified to the required government standards.
• The IDSP will use Identity Document Validation Technology (IDVT) to verify the individual's identity and the authenticity of their document.
• The IDSP will provide you with a report of the check.

Employer Responsibility:
While using an IDSP streamlines the process, the ultimate responsibility for the check remains with you, the employer. You must be satisfied that the IDSP has conducted the check correctly to establish a statutory excuse.

Follow-up Checks

If an employee has a time-limited right to work (i.e., they provided a document from List B), you must conduct a follow-up check before their permission expires. This follow-up check should be conducted in the same manner as the initial check. Failure to do so will cause your statutory excuse to expire.

Record Keeping

You must retain copies of all documents or online check confirmations for the duration of the individual's employment and for a further two years after their employment has ended. These records must be stored securely and be readily available for inspection by the Home Office.

Consequences of Non-Compliance

Employing an individual without the correct right to work can lead to:

• Civil Penalties: A fine of up to £60,000 per illegal worker.
• Criminal Sanctions: In cases where an employer knowingly employs an illegal worker, this can result in an unlimited fine and/or up to five years' imprisonment.

By implementing a robust and consistent process for checking every employee's right to work, you protect your business and comply with your legal obligations.

Following Guidance is not a substitute for legal advice. Always refer to the latest guidance on the GOV.UK website. We recommend consulting an immigration solicitor for further help. Last updated based on guidance available as of June 2025