Key Takeaways

• Right to Work rules apply to all UK employers, regardless of size, sector, or whether they currently employ migrant workers.
• The Home Office carries out regular inspections, both digitally and on-site, and employers are expected to remain audit-ready at all times.
• UKVI views the employer as a single entity, meaning inconsistencies across sites, branches, or departments can put the entire organisation at risk.
• If the Home Office determines that Right to Work rules have been breached, civil penalties may reach up to £45,000 per illegal worker for a first offence and up to £60,000 for repeat breaches, along with possible sponsor enforcement action and reputational harm.
• Right to Work rules and guidance are subject to frequent updates, and employers are expected to keep their procedures and training current.
• The shift to digital status has introduced additional risks: eVisas have replaced BRPs, share codes are now commonly used for migrants to prove their status, and DVS checks can be used for British and Irish passports instead of manual checks.

While workers will typically need to provide evidence so employers can carry out Right to Work checks, employers are legally required to confirm that every employee has the Right to Work before employment begins and, where applicable, to carry out follow-up checks to maintain compliance.

Under the current system, an individual’s Right to Work can be demonstrated in several ways, depending on factors such as immigration status and nationality. In practice, this means some individuals may present physical documents, while others must rely on digital status to confirm their permission to work. As different procedures apply in different situations, this can create confusion for both employers and workers.

In this guide to UK Right to Work, we outline the rules for workers who need to prove their eligibility to work, as well as for employers seeking to meet their obligations to prevent illegal working.

Section A: What is the Right to Work?

“Right to Work” in the UK is a legal concept referring to an individual’s permission to undertake employment in the country. This permission is determined by their immigration status or citizenship, ensuring that only those who are legally entitled to work are employed, helping to protect the integrity of the labour market and prevent unlawful employment.

The Right to Work forms a key part of UK immigration and employment law. Compliance with these rules helps tackle illegal working, which can result in undercut wages, poor working conditions, and worker exploitation. It also contributes to wider goals such as social cohesion and economic stability by ensuring that only those with lawful permission are able to work in the UK.

Under section 15 of the Immigration, Asylum and Nationality Act 2006, together with the Code of Practice issued under section 19, employers who employ someone without the Right to Work may face a civil penalty of up to £45,000 per illegal worker for a first breach and up to £60,000 per worker for repeat breaches falling within the scope of the current Code of Practice (i.e. breaches identified on or after 13 February 2024), in addition to other enforcement action.

1. Workers’ Obligations

Workers of all nationalities will generally need to provide evidence so their employer can confirm their Right to Work in the UK. They are also responsible for keeping their immigration status valid and should inform their employer promptly of any changes that could affect their permission to work.

2. Employers’ Obligations

Employers are legally required to verify the Right to Work of all employees before employment begins. This involves carrying out prescribed Right to Work checks in line with Home Office guidance to establish a statutory excuse against a civil penalty. Employers must also retain records of these checks for the duration of employment and for two years after it ends.

Where an employee has time-limited permission to work, employers will usually need to conduct a follow-up check before that permission expires to maintain their statutory excuse. However, an exception applies to individuals with EU Settlement Scheme pre-settled status, where follow-up checks are no longer required after a compliant initial check.

Failure to meet these obligations can lead to serious consequences, including civil penalties and, in more severe cases, criminal liability for knowingly employing someone without the Right to Work.

3. Home Office Obligations

The Home Office is responsible for overseeing and enforcing compliance with Right to Work requirements. Its role includes:

• Providing guidance and support: issuing detailed instructions for employers and workers, including acceptable documents and how checks should be conducted.
• Carrying out compliance checks: Immigration Enforcement officers may conduct audits and inspections, either randomly or in response to suspected non-compliance.
• Issuing penalties: where breaches are identified, the Home Office can impose civil fines and pursue criminal action in cases of deliberate non-compliance.
• Employer Checking Service: offering a service that allows employers to verify an individual’s Right to Work where standard documentation cannot be provided, often because an application is pending with the Home Office.

Treating Right to Work checks as a routine admin task can expose an organisation to genuine compliance risk. The Home Office uses these checks as an indicator of how effectively wider recruitment and HR controls are managed, and what they reveal about internal practices and culture. If checks appear rushed or inconsistent, caseworkers may assume similar weaknesses exist across the broader compliance framework.

All UK employers are expected to have a structured Right to Work framework in place, with systems, processes, and policies that are applied consistently and reviewed regularly to ensure ongoing compliance.

Section B: Who has the Right to Work in the UK?

The Right to Work in the UK depends on an individual’s citizenship, immigration status, or the conditions attached to their visa. The Home Office provides detailed guidance on who is legally permitted to work. Below is an overview of the main categories of individuals who have the Right to Work:

a. UK Citizens:
UK citizens automatically have the Right to Work without restriction. This includes those born in the UK as well as individuals who have obtained British citizenship through naturalisation.

b. Irish Citizens:
Irish citizens also have an unrestricted Right to Work in the UK, reflecting the arrangements under the Common Travel Area between the UK and Ireland.

c. Individuals with Indefinite Leave to Remain (ILR):
Those granted ILR are entitled to live and work in the UK without time limits. This status is usually obtained after meeting specific residency requirements over a number of years.

d. Individuals with EU Settled or Pre-Settled Status:
Following Brexit, most EU, EEA and Swiss citizens resident in the UK by 31 December 2020 were required to secure status under the EU Settlement Scheme to retain their Right to Work, unless they hold an alternative form of permission. Under current Home Office policy, pre-settled status is automatically extended, and expiry dates are no longer visible to employers during online checks. A properly conducted initial check is sufficient, and follow-up checks are no longer required for individuals with pre-settled status.

e. Individuals with Limited Leave to Remain (with work permission):
Some visas grant temporary permission to stay in the UK with the right to work. These include certain work visas, family visas, and student visas, although work permissions may be subject to conditions.

f. Visa Holders with Work Authorisation:
Certain immigration routes—such as the Skilled Worker visa and Global Talent visa—provide permission to work in the UK. Some individuals may also still hold legacy Tier 2 (General) leave, which continues to confer work rights until it expires or is replaced.

Legacy statuses, outdated endorsements, dual nationality, and expiring digital status can all create risk if managers do not ask the right questions at the outset and properly assess what sits behind the documents. With frequent changes to UK immigration rules and an increasingly diverse mix of status types across the workforce, the level of compliance exposure is often higher than many employers realise.

EU workers, in particular, can present specific risks if checks are not handled correctly. Assumptions based on long residence or previous free movement rights are not sufficient and cannot replace a compliant Right to Work check for new employees.

Section C: Right to Work Checks

The Immigration, Asylum and Nationality Act 2006 establishes the framework for preventing illegal working and gives the Home Office the authority to issue civil penalties and prosecute employers who hire individuals without permission to work. Sections 15 to 21 of the Act operate alongside the Right to Work scheme and its associated codes of practice, which explain how employers can establish a statutory excuse against a civil penalty and emphasise the importance of carrying out checks in a fair and non-discriminatory manner.

All new employees must undergo a Right to Work check, regardless of their nationality, role, or length of employment. These checks should be applied consistently to reduce the risk of discrimination.

HR processes and policies should be designed to meet Home Office requirements by ensuring each employee’s Right to Work is verified through obtaining, checking, and recording acceptable documentation.

There are several ways employers can carry out a Right to Work check to confirm that an individual is permitted to work in the UK and to perform the role offered. The appropriate method will depend on the individual’s nationality and the type of immigration permission they hold.

The main types of Right to Work checks are:

• Manual check: using original documents from the Home Office’s prescribed Lists A or B.
• Digital check via a Digital Verification Service (DVS): for British and Irish citizens with a valid passport or Irish passport card.
• Home Office online check: using a share code for individuals with digital immigration status (such as eVisas, BRP/BRC holders, frontier worker permits, or those under the EU Settlement Scheme).
• Employer Checking Service (ECS): used where an individual cannot provide documents or digital proof but may have an outstanding application, appeal, or status that requires confirmation from the Home Office.

Carrying out a Right to Work check correctly provides the employer with a statutory excuse against civil liability. This means that even if an individual is later found to be working illegally, the employer may avoid a civil penalty if they have followed the prescribed checking process.

By contrast, failing to conduct checks properly can expose employers to significant fines—up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches.

Right to Work Check Type	Circumstances	Worker Category
Share Code Check	When a worker has a share code issued by the Home Office.	Non-British/Irish citizens whose immigration status is held in digital form (for example EU Settlement Scheme status, eVisas, BRPs/BRCs and frontier worker permits that are checked online).
Immigration Document Check	When a worker has physical immigration documents that still appear on the Home Office list of acceptable documents, such as a current passport showing an endorsement or an immigration status document.	Non-British/Irish citizens who hold acceptable physical documents for manual checks. Biometric residence permits and most other digital statuses require an online Right to Work check instead.
Employer Checking Service	When a worker cannot provide the necessary documents but has a pending Home Office application or appeal.	Non-British/Irish citizens with applications pending with the Home Office.
Windrush Scheme Check	When a Commonwealth citizen needs to prove their Right to Work under the Windrush Scheme.	Commonwealth citizens potentially eligible under the Windrush Scheme.
Digital Verification Service (DVS) (formerly known as an Identity Service Provider or IDSP)	When a British or Irish citizen has a passport or passport card and opts to use an IDSP.	British and Irish citizens with valid passports or passport cards.

 

1. Digital Right to Work Checks

A digital Right to Work check carried out through a Digital Verification Service (DVS) is a prescribed method that uses a certified digital identity provider. In current Home Office terminology, a DVS replaces what was previously known as an Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT). In practice, the employer engages a certified provider to verify a worker’s identity using IDVT, effectively delegating parts of the checking process.

When performing an IDVT check, the DVS must take reasonable steps to confirm the validity of the document provided and ensure that the individual presenting it is its rightful holder. This includes capturing key information such as an image of the biometric page, the individual’s personal details, their photograph, and the document’s expiry date. The data must be recorded in a clear, secure format that cannot be manually altered, along with the date the check was completed on the employer’s behalf.

As legal responsibility for the check remains with the employer, they must obtain a copy of the DVS output and the document used, ensuring the provider has followed the required process. Employers must also confirm that the biographical details and photograph match the individual presenting for work. This information must be retained securely, either electronically or in hard copy, for the duration of employment and for two years afterwards.

DVS checks can only be used for individuals holding a valid British or Irish passport, or an Irish passport card. As British and Irish nationals cannot use the online share code system, this method replaces a manual passport check. However, if an individual relies on an expired passport, a DVS check will not be valid, and a manual check must be carried out instead.

2. Online Right to Work Checks Using Share Codes

Online Right to Work checks using a share code are carried out via a free Home Office service, often referred to as the Right to Work Checking Service. This allows a prospective employee to provide an alphanumeric share code, which the employer can use to confirm their right to work in the UK. Employees can generate this code through the “Prove your Right to Work to an employer” service on GOV.UK.

Once provided with a valid share code, the employer can access the individual’s Right to Work record by entering the code along with the person’s date of birth. The system provides real-time information, including the type of work permitted and any time restrictions.

After accessing the record, the employer must confirm that the photograph matches the individual and retain a copy of the check result securely for the duration of employment and for two years afterwards.

This method is now used by most migrant workers, including EEA and Swiss nationals with status under the EU Settlement Scheme, as well as individuals holding biometric residence cards (BRCs), biometric residence permits (BRPs), or frontier worker permits.

eVisas have become the primary way for many migrants to evidence their immigration status. Physical BRPs have expired and are no longer accepted as proof of the Right to Work. Individuals with digital status should create a UKVI account to access their eVisa and use the Home Office “view and prove” service to generate a share code.

While many individuals will use a share code, they are not required to do so where a valid manual check is still possible. However, where status exists only in digital form, a manual check will no longer be an option.

3. Manual Right to Work Checks

A manual Right to Work check involves the employer reviewing original documents from the Home Office’s prescribed Lists A or B in the presence of the individual. List A documents confirm a permanent Right to Work, while List B documents indicate time-limited permission.

When carrying out a manual check, the employer must ensure that the individual is the rightful holder of the documents, that their permission to work has not expired, that they are allowed to perform the role in question, and that the documents appear genuine.

The employer must make clear copies of the documents in a format that cannot be altered, record the date of the check, and retain this evidence securely for the duration of employment and for two years after it ends.

Manual checks can be used where an individual cannot be verified through the online system or where a share code has not been provided, provided that a manual check remains a valid option in that case.

4. Employer Checking Service

A Right to Work check via the Employer Checking Service (ECS) is used where an individual has submitted an in-time application to extend or vary their leave to remain in the UK, but a decision has not yet been made. In these cases, the individual’s Right to Work continues while their application, or any related review or appeal, is pending. However, the employer will not be able to complete either a manual or online check.

Instead, the employer must obtain a Positive Verification Notice (PVN) through the ECS. To request this, the employer needs to provide details of their organisation, along with the employee’s personal details, job title, and the relevant Home Office reference or case ID linked to the application. If the application was submitted before the individual’s previous leave expired, the Home Office should issue a PVN confirming their ongoing Right to Work.

As with all other types of checks, the employer must retain a copy of the PVN for record-keeping purposes.

Where neither a manual nor an online check can be completed to establish a statutory excuse, the individual should not be permitted to start work until a Positive Verification Notice has been received from the Employer Checking Service confirming their Right to Work.

Most employers are familiar with the different types of Right to Work checks but often fall short when it comes to the detail. Caseworkers will closely examine timing—specifically whether the check was completed before employment began—and whether the date has been clearly recorded. They will also assess the quality of record-keeping against official Home Office guidance, rather than internal standards.

In practice, issues commonly arise where checks are delegated to junior staff without adequate training, or where contractors and temporary workers are onboarded with less scrutiny than permanent employees. Regular training, combined with targeted file audits, is one of the most effective ways to identify and address these risks at an early stage.

Section D: Common Right to Work Issues

Complying with UK Right to Work regulations presents a range of challenges for both employers and workers.

1. Inability to Provide Right to Work Documentation

When a worker is unable to provide the necessary documentation to evidence their Right to Work, it can create significant difficulties. This may be due to lost documents, pending Home Office applications, or complexities in their immigration status.

In such cases, employers should consider using the Home Office Employer Checking Service to verify the individual’s status. If appropriate, this may result in a Positive Verification Notice (PVN), confirming the person’s Right to Work while their application is being processed. Employers may also consider making any offer conditional on satisfactory Right to Work checks being completed within a set timeframe. Where needed, legal advice can help ensure compliance with all relevant requirements while resolving documentation issues.

2. Worker’s Loss of Right to Work

A worker may lose their Right to Work if their visa expires without an in-time application, an extension is refused, or their immigration status changes so that work is no longer permitted.

Where there is no valid Right to Work and no pending application, appeal, or other continuing basis for permission, the employer must stop employing the individual. If an in-time application or appeal is outstanding, a Positive Verification Notice should be obtained before allowing work to continue.

The worker may seek to regularise their status by reapplying for a visa or appealing a decision. Employers may assist by providing relevant documentation or references. If the worker cannot regain their Right to Work, termination of employment may be necessary, following appropriate legal procedures to avoid unfair dismissal claims.

3. Allegations of Compliance Breaches by the Home Office

Allegations of breaches of Right to Work requirements can result in serious consequences, including civil penalties and, in some cases, criminal liability.

Employers should carry out an internal review of all relevant records and Right to Work checks to identify any potential issues. Seeking advice from immigration law specialists can assist in managing investigations and responding to the Home Office. Full cooperation with authorities, including timely provision of requested documentation, is essential. Where issues are identified, corrective actions should be implemented, such as staff retraining, policy updates, and strengthened internal audit processes.

4. Changing Immigration Rules

Frequent changes to UK immigration and Right to Work rules can make compliance challenging. Employers should ensure HR teams remain fully informed of current requirements.

This can be supported by subscribing to Home Office updates, attending training sessions and seminars, and regularly consulting immigration law specialists to ensure processes remain compliant.

5. Verification of Complex Cases

Some cases—such as those involving refugees, asylum seekers, or individuals with unusual immigration statuses—can be more complex.

For example, asylum seekers with outstanding claims for over 12 months who were granted permission to work on or before 3 April 2024 are limited to roles on the Shortage Occupation List in force at that time. For permissions granted on or after 4 April 2024, only roles on the Immigration Salary List are permitted. The Shortage Occupation List is no longer used for new applications, although archived versions remain available on GOV.UK for legacy cases.

Additional complexity can arise with sponsored workers, including those undertaking multiple roles, as their visa conditions must be carefully reviewed to ensure compliance.

Specialist immigration compliance advice can help employers manage these situations appropriately and in line with current regulations.

6. Data Protection and Privacy

Handling immigration documents involves processing sensitive personal data, which must comply with data protection legislation.

Employers should implement robust GDPR-compliant policies, ensure staff are trained in data protection best practice, and use secure systems for storing and accessing sensitive information.

7. Unlawful Discrimination

Right to Work checks must be carried out in a way that avoids discrimination. The Equality Act 2010 requires all applicants and employees to be treated fairly and consistently.

Applying checks inconsistently—for example, only checking individuals who appear to be foreign nationals—can lead to discrimination claims. Employers must ensure Right to Work checks are applied uniformly to all individuals, balancing compliance with fair and equal treatment.

Right to Work issues rarely arise from deliberate breaches. Instead, caseworkers tend to focus on routine shortcuts and administrative errors, as these often indicate weak governance and insufficient compliance controls. Such patterns can provide grounds for enforcement action, particularly where the organisation holds a sponsor licence.

Section E: Illegal Working Allegations

Even where employers understand their obligations under Right to Work legislation and have policies and processes in place, practical challenges can still lead to breaches and result in enforcement action. Maintaining consistent application of Right to Work procedures across organisations with multiple sites and a large or changing workforce can be difficult. In addition, the complexity of the guidance and frequent changes to UKVI rules can make it challenging for employers to remain fully up to date.

Allegations of illegal working raised by the Home Office can be a serious matter for UK employers, potentially leading to significant penalties, including civil fines and criminal liability. If a Home Office penalty notice is received in relation to illegal working, the following steps should be considered.

Given the potential impact of enforcement action, employers are advised to seek specialist compliance advice to understand options for challenging or responding to allegations and penalties.

1. Initial Response and Internal Review

When the Home Office alleges illegal working, it is essential to act quickly to understand the basis of the allegation. An internal review of employment records and Right to Work checks should be carried out to identify any areas of non-compliance.

This review should be comprehensive, confirming that all required documentation is in place and that prescribed checks were completed correctly. A structured audit can help determine whether the issue is isolated or indicative of wider compliance weaknesses.

2. Cooperation with the Home Office

A cooperative approach with the Home Office is important. Providing all requested documentation promptly demonstrates a willingness to comply and may assist in mitigating potential penalties.

Clear, accurate, and timely communication can help support a more efficient resolution of the investigation.

3. Corrective Actions

Where issues are identified, corrective measures should be implemented to reduce the risk of recurrence. This may include updating Right to Work procedures, improving HR training, and revising internal policies to ensure alignment with current requirements.

Regular internal audits of Right to Work processes can also help identify and address compliance gaps before they escalate.

4. Managing Penalties and Legal Proceedings

If penalties are imposed or legal action is initiated, it is important to understand the available options. This may include challenging decisions, appealing through the appropriate legal channels, or negotiating outcomes where applicable.

Legal advisers can support employers in assessing the strength of their position and determining the most appropriate response strategy.

5. Communication with Stakeholders

Clear communication with relevant stakeholders, including employees, leadership teams, shareholders, and business partners, can help manage reputational risk.

Transparent updates on the situation and the steps being taken to address it can demonstrate a proactive and responsible approach to compliance.

6. Long-Term Compliance Strategy

A strong long-term compliance strategy is key to reducing the risk of future allegations. This includes staying informed of changes to immigration law, regularly reviewing and updating internal policies, and ensuring ongoing training for relevant staff.

A proactive approach to compliance helps reduce legal exposure and supports a fair, consistent, and lawful approach to workforce management.

UKVI uses civil penalty investigations to assess systemic risk and determine whether enforcement action should extend beyond a financial penalty, including sponsor licence downgrades or, in more serious cases, revocation. To improve the likelihood of a more favourable outcome, it is important to seek early professional advice so that your response is evidence-based, strategically considered, and submitted within the required timeframes.

Section F: Summary

UK Right to Work regulations are complex and can present ongoing challenges for both employers and workers. This complexity is increased by frequent changes to the rules, making compliance a continuous requirement rather than a one-off task. With penalties for non-compliance becoming increasingly severe—including substantial civil fines and potential criminal liability—it is essential to remain fully up to date and ensure ongoing compliance. Seeking professional advice is strongly recommended to help ensure that all Right to Work checks are carried out correctly and that both employers and workers remain compliant with the latest requirements.

Section G: Need Assistance?

We are UK Right to Work specialists, providing guidance and support to help organisations meet their obligations and reduce the risk of Home Office enforcement action. Our services include Right to Work advice, e-learning solutions, training programmes, and consultancy. Please contact us for further information.