Right to work checks: who to check and how from October 2026
A right to work check is the only background check UK law expects for every hire. The Right to Work Scheme applies across the whole of the UK. You check before the person starts, using one of three prescribed methods: a manual check of original documents, a Home Office online check with a share code, or a check through a registered Right to Work digital verification service provider.
Done as prescribed, the check gives you a statutory excuse against a civil penalty of up to £60,000 per illegal worker. From 1 October 2026 the scheme also covers people engaged under a worker's contract, individual sub-contractors and some online matching services.
You cannot insist on a particular method, and you must check everyone the same way, including British citizens. Since 1 October 2026 the duty also covers some workers and individual sub-contractors, and civil penalty liability can extend beyond the employer with the direct contract.
Who you must check
The scheme rests on sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 and applies in all four UK nations. An employer is excused from the civil penalty if it shows it complied with the prescribed requirements.
The Border Security, Asylum and Immigration Act 2025 widened the meaning of employer. From 1 October 2026 it includes engaging someone under a worker's contract, engaging an individual sub-contractor, and online matching services that put service providers in touch with clients. The Home Office says the scheme follows the objective features of an arrangement, not its label, and an IR35 decision does not settle whether a check is needed.
The Home Office says the changes are not intended to be retrospective: what matters is when the contractual arrangement was entered into. Work performed wholly overseas does not fall within scope just because the organisation engaging the person is based in the UK.
The three ways to check
You cannot insist on the method a person uses to prove their right to work. Which check applies depends on nationality, the kind of permission and, where appropriate, the person's preference.
| Method | When it is used | What to keep |
|---|---|---|
| Manual document check | Original documents from the Home Office lists, checked with the holder present in person or by live video while you hold the originals | A clear copy of each document and the date of the check |
| Home Office online check | People with a share code; anyone with an eVisa can only use this route | A PDF or HTML copy of the profile page |
| Digital verification service provider | Valid British or Irish passports or Irish passport cards, through a registered provider | A clear copy of the provider's output |
Carrying out a manual check
All steps must be finished before employment starts. Obtain original documents from List A or List B. Check them in the holder's presence: that they are genuine and belong to the person, that photographs and dates of birth are consistent, that permission has not expired and that it covers the work. Copy each document in a format that cannot be altered.
Then record the date. Simply writing a date on the copy is not enough: the guide asks for a dated declaration, "The date on which this right to work check was made: [insert date]", or a separate record made at the time. Keep copies securely for the employment and two years afterwards, then destroy them securely.
You can no longer accept biometric residence cards or permits. British and Irish citizens cannot get a share code, so you check their original documents or use a registered right to work digital verification service provider.
Online and digital checks
A right to work share code is 9 characters long, begins with W and is valid for 90 calendar days. Codes beginning with R or S are for other services and cannot be used.
Digital verification is optional. If you choose it, the provider must be registered on the Office for Digital Identities and Attributes (OfDIA) register and able to do right to work checks, and you remain responsible for the check meeting the prescribed requirements. If you buy the service through a screening agency that is not itself certified, that agency must say which registered provider carries out the check. You must not treat someone less favourably because they do not hold a valid passport or do not want a digital check: offer a manual check instead.
Follow-up checks and the Employer Checking Service
If a worker's permission is time-limited, re-check on or before the date it ends if you want to keep employing them. No follow-up is needed where the first check confirmed settled status or status under the EU Settlement Scheme.
If someone cannot show their status, for example because of an outstanding application, review or appeal, you must ask the Home Office Employer Checking Service. If they have the right to work it issues a Positive Verification Notice, which you must keep.
A failed share code does not always mean the right has ended. The person may have 3C leave while an in-time application is decided, or there may be a technical problem, so give them a reasonable opportunity to prove their right to work.
Avoiding discrimination
The guide says employers should check all workers consistently, including British citizens, and should not make assumptions based on race, nationality, ethnic or national origins, accent, surname or length of residence in the UK. A person who is discriminated against can bring a tribunal claim, and the Home Office notes that compensation has no upper limit.
Collect only what you need. The ICO's draft guidance says you must only obtain the minimum information you need: for a right to work check, that means the documents the Home Office lists for that person, copied as the guide requires.
Penalties and who is responsible
You can delegate the check to staff, or use a third party for technical support, but you remain liable for a civil penalty if it was not done as prescribed. If you are given a false document, you are only liable if it was reasonably apparent that it was false.
Sanctions for employing someone illegally without the prescribed checks include a civil penalty of up to £60,000 per illegal worker, business closure, director disqualification and losing the ability to sponsor migrants. 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.
If you are unsure how the October 2026 changes affect your contractors or labour supply chain, HRjoy can help you map which arrangements fall in scope.
What to tell the candidate
- Ask everyone you intend to employ to prove their right to work, but you cannot dictate which valid method they use.
- GOV.UK tells candidates an employer cannot reject them for offering an eligible immigration document instead of a share code.
- Offer a manual check to anyone who does not want a digital identity check or has no valid passport.
- Tell candidates which documents you will copy and that copies are kept for the employment plus two years.
- If a candidate cannot show their status, give them a reasonable opportunity and use the Employer Checking Service before deciding.
Sources
- Right to work checks: an employer's guide · GOV.UK (Home Office)
- Employer's guide to right to work checks: 1 October 2026 · GOV.UK (Home Office)
- Checking a job applicant's right to work · GOV.UK
- Prove your right to work to an employer · GOV.UK
- Check a job applicant's right to work: use their share code · GOV.UK
- Immigration, Asylum and Nationality Act 2006, section 15 · legislation.gov.uk
- Immigration, Asylum and Nationality Act 2006, section 21 · legislation.gov.uk
- Verifying candidates · ICO
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
When it’s justified
Usually justified
- Every new employee, including British and Irish citizens, before their first day: the law requires a check to get a statutory excuse
- People engaged under a worker's contract or as individual sub-contractors, and service providers listed by an online matching service, for arrangements entered into from 1 October 2026
- A follow-up check on or before the date a worker's time-limited permission ends, if you want to keep employing them
Only if the role justifies it
- A variation, renewal or extension of a pre-October 2026 contract, if in law it creates a new arrangement on or after 1 October 2026
- Agency workers: in a standard supply arrangement the agency, as employer, does the check, and the Home Office does not intend hirers to duplicate it routinely
Rarely or never justified
- Checking only the candidates you think are more likely to be migrants
- Insisting on a particular method when the person can prove their right to work another valid way
- Follow-up checks where the first check showed settled status or status under the EU Settlement Scheme
- Relying on a check done for another purpose, such as an operating licence, which gives no statutory excuse
Questions
Something else? Ask us.
Do I need to check British citizens?
Yes. The Home Office guide says employers should check all workers consistently, including British citizens. A British or Irish passport, current or expired, is on List A and gives a continuous statutory excuse, so you will not need a follow-up check for that person while they work for you.
Can I do a right to work check over a video call?
For a manual check, yes, as long as you have the original documents in your physical possession, for example because the person posted them to you. You cannot rely on seeing a document over video, or on a scan or screenshot, unless it is official digital evidence of a name and National Insurance number.
Do I need to check agency workers myself?
Usually not. In a standard supply arrangement, the employment business that engages the agency worker is the employer for the scheme and carries out the check. The Home Office says the October 2026 changes are not intended to make hirers routinely duplicate it. Check your contracts say who does what.
What if the share code does not work?
Make sure it begins with W and is less than 90 days old. If the person still cannot prove their status online, for example because of an outstanding application, contact the Employer Checking Service. A Positive Verification Notice gives you a statutory excuse.
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Related answers
- 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 registered right to work digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- 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.