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Right to Work Checks

Every UK employer must confirm that staff are allowed to work here, and getting it wrong now costs up to £60,000 per worker. Here is what a compliant check looks like in 2026.

Reviewed against GOV.UK on 19 August 2026.

Why employers carry out right to work checks

It is unlawful to employ someone who does not have permission to do the work in question. The Home Office protects compliant employers through the statutory excuse: a defence against liability for a civil penalty, obtained where the prescribed checks have been carried out correctly. If you complete the check before employment begins and the worker is later found to have no permission to work, you will not receive a civil penalty for that worker.

The excuse is not automatic. It depends on doing a prescribed check, in the prescribed way, before the person starts, and keeping the prescribed evidence. A check that is late, incomplete or based on the wrong online service gives no protection.

The three prescribed types of check

Home Office guidance recognises three methods, each available to a different group:

• Manual document check - all nationalities. You obtain original documents from List A or List B, check them in the holder's presence, and retain clear copies.
• Home Office online check - for non-British and non-Irish citizens, using a share code.
• Identity Document Validation Technology (IDVT) through a certified identity service provider - British and Irish citizens only, and only where they hold a valid passport (including an Irish passport card).

Manual checks: List A and List B

You must be in physical possession of the original documents, and check them in the holder's presence, in person or over a live video link. You may not rely on inspecting a document only by video, fax or scan. Satisfy yourself the documents are genuine, that photographs and dates of birth are consistent across them and with the person's appearance, and record any work restrictions.

Where a person cannot produce acceptable documents but has an outstanding application, appeal or administrative review, use the Employer Checking Service, which aims to respond within five working days.

Online checks and share codes

People granted immigration status are now issued with an eVisa rather than a physical document, and an eVisa holder can only be checked online. The individual generates a nine-character share code through the prove your right to work service; codes issued for employment begin with the letter W. A share code is valid for 90 calendar days from issue and can be used as often as needed in that window.

Two points cause most failed checks. First, you must use the employer online service, entering the share code alongside the person's date of birth. Viewing the details shown to the individual on their own part of the service does not give a statutory excuse, so a screenshot of the worker's account is worthless. Second, you must check that the photograph shown by the service is of the person presenting for work, in person or by live video call, and retain the profile page.

Digital identity checks (IDVT)

British and Irish citizens holding a valid passport can be verified digitally. You must use a certified provider from the official register, and the check must meet at least a medium level of confidence. Satisfy yourself that the photograph and biographic details returned are consistent with the individual presenting for work, in person or by video call. Retain a clear copy of the provider's output for the duration of employment and two years afterwards. You, not the provider, remain liable for any civil penalty.

Timing, follow-up checks and TUPE

• The check must be completed before the person begins work.
• No follow-up is needed where the initial check confirmed indefinite leave to enter or remain, or settled status under the EU Settlement Scheme.
• Where permission is time-limited, the follow-up check must be done on or before the date the permission ends.
• If the employee has an outstanding in-time application, appeal or administrative review, the excuse continues from the expiry date for up to a further 28 calendar days while you obtain verification.
• On a TUPE transfer, checks by the transferor are deemed to have been carried out by the transferee, and a grace period of 60 calendar days from the transfer date applies for fresh checks. There is no grace period for later follow-up checks.

Record keeping

Keep a clear copy of each document or online profile in a format that cannot manually be altered - hardcopy, or a scan such as a JPEG or PDF. Record the date on which you conducted the check. Retain the records securely for the duration of employment and for a further two years after the person stops working for you, then destroy them.

Civil penalties for illegal working

Maximum penalties tripled on 13 February 2024. The starting points are now:

The penalty is calculated from that starting point and reduced for mitigating factors. Reporting a suspected illegal worker and obtaining a unique reference number reduces it by £5,000 per worker; active cooperation with the Home Office reduces it by a further £5,000. For a first breach only, where both apply and you can show effective checking practices, the penalty falls to a warning notice.

Criminal liability and sponsor licences

It is also a criminal offence to employ someone knowing, or having reasonable cause to believe, that they are disqualified from that employment by reason of their immigration status. The maximum sentence is five years' imprisonment and an unlimited fine, alongside possible business closure and director disqualification.

For sponsors the consequences are severe. Home Office sponsor guidance states that if a civil penalty is issued, it is likely to revoke the licence. You will not be eligible for a new licence until at least 12 months after the penalty is paid in full, extending to five years where more than one penalty has been issued.

What changed in 2025 and 2026

The Border Security, Asylum and Immigration Act 2025 extends the Right to Work Scheme beyond employees for the first time. Businesses engaging people under a worker's contract, as individual sub-contractors, or through online matching services - gig economy, zero-hours and casual arrangements in sectors such as food delivery, courier work, construction, warehousing and beauty - are brought into scope. The Home Office consulted from 29 October to 10 December 2025 and published its response on 30 June 2026. Under the draft employer's guide of 16 July 2026, a civil penalty may only be imposed for these new arrangements where the engagement commenced on or after 1 October 2026. The draft also renames certified providers as right to work digital verification service providers, and reflects closure of the Swiss service provider route on 31 December 2025.

How PRIMEVISA helps

• Auditing your existing right to work files and identifying gaps where no statutory excuse exists.
• Designing compliant check, follow-up and retention processes, including gig economy and zero-hours engagements from 1 October 2026.
• Assembling the evidence pack for a civil penalty objection, and working alongside your solicitors where a matter proceeds to appeal.
• Protecting your sponsor licence through mock audits, HR system reviews and support during Home Office compliance visits.

Common questions

What is a statutory excuse and how do I get one?
A statutory excuse is your defence against liability for an illegal working civil penalty. You obtain it by carrying out one of the three prescribed checks correctly before employment begins, checking the person's photograph against them, and keeping a clear, unalterable copy of the evidence together with the date of the check. If the check is late, incomplete or based on the individual's own view of their eVisa rather than the employer service, you have no excuse.

How much is the civil penalty for employing an illegal worker?
Maximum penalties tripled on 13 February 2024. The starting point is £45,000 per worker for a first breach, up from £15,000, and £60,000 per worker for a repeat breach, up from £20,000, where you have been found employing illegal workers within the previous three years. Reporting a suspected illegal worker and cooperating with the Home Office each reduce the penalty by £5,000 per worker.

Can I check a British citizen using a share code?
No. British and Irish citizens cannot obtain a share code. They must be checked either manually, using an original passport or another List A document, or digitally through a certified identity service provider using Identity Document Validation Technology, which is available only where they hold a valid passport or Irish passport card.

How long must I keep right to work records?
Keep a clear copy of each document or online check profile in a format that cannot manually be altered, such as a hardcopy, JPEG or PDF, and record the date on which the check was carried out. Retain the records securely for the duration of the person's employment and for a further two years after they stop working for you, then destroy them.

Do right to work checks apply to gig economy and zero-hours workers?
They will. The Border Security, Asylum and Immigration Act 2025 extends the Right to Work Scheme to people engaged under a worker's contract, as individual sub-contractors and through online matching services. The Home Office published its consultation response on 30 June 2026, and the draft employer's guide of 16 July 2026 states that a civil penalty may only be imposed for these new arrangements where the engagement commenced on or after 1 October 2026.

Related guides

• Sponsor licence for UK employers
• eVisas and UKVI accounts
• UK work visas: Skilled Worker and sponsored routes
• UK visa fees 2026

This page summarises guidance published on GOV.UK and was last reviewed on 19 August 2026. It is general information, not immigration advice on your own case. PRIMEVISA LTD is regulated by the Immigration Advice Authority, registration F201600043. We are registered at Level 1 in Immigration and in Asylum and Protection: appeals, tribunal and court work, judicial review and cases argued outside the Immigration Rules are handled by advisers registered at Level 2 or Level 3, and we refer you where that is needed.

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