How do employers carry out right to work checks?
Before someone starts work, employers should carry out one of three prescribed checks: a manual check of original documents, a Home Office online check using a share code, or a check through a certified digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
The three types of check
The Home Office employer's guide, in force from 1 October 2026, says the check must be completed before employment starts. Which check applies depends on the person's nationality and immigration permission and, where appropriate, their preference.
- Manual check: see original documents from the Home Office's acceptable lists with the person present, check they are genuine and belong to them, and keep a copy that cannot be changed with the date of the check
- Online check: use the person's share code; people with an eVisa can only prove their right to work this way
- Digital verification: use a certified and registered Right to Work digital verification service provider, for example for British or Irish passports; the employer remains responsible for the check
Follow-up checks and records
If someone's right to work is time-limited, employers should check again before it expires. Copies should be kept for the duration of employment and for 2 years afterwards, then securely destroyed. Expired biometric residence permits are no longer acceptable for a manual check. If someone cannot show their status, for example because of an outstanding application, employers can ask the Employer Checking Service for a Positive Verification Notice.
Wider scope and penalties
The Border Security, Asylum and Immigration Act 2025 extended the scheme beyond employees to workers, individual sub-contractors and some online matching services. Knowingly employing an illegal worker, or having reasonable cause to believe someone is one, is a criminal offence carrying up to five years' imprisonment and an unlimited fine.
Avoiding discrimination
The guide says employers should check everyone consistently, including British citizens, and should not make assumptions based on race, nationality, accent, surname or length of residence. Employers cannot dictate which method a person uses to prove their right to work.
The law
“excused from paying a penalty if he shows that he complied with any prescribed requirements…”
“has reasonable cause to believe that the employee is disqualified from employment…”
Sources
- Right to work checks: an employer's guide · GOV.UK
- Employer's guide to right to work checks: 1 October 2026 · GOV.UK
- Checking a job applicant's right to work · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Complete the right check for every new starter before their first day
- Record the check date and keep copies securely for the employment plus 2 years
- Diary follow-up checks for anyone with time-limited permission
- Apply the same process to all candidates, whatever their perceived nationality
- Review contractor and sub-contractor arrangements against the extended scope
- Check the latest Home Office guide, as it is updated regularly
Related answers
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period is expected to fall to 6 months from 1 January 2027.