Compliant right to work procedures help UK employers confirm that every worker is legally permitted to undertake the proposed employment before work begins.
James Immigration Solutions Ltd supports employers with right to work policies, online and manual checking procedures, Employer Checking Service requests, follow-up systems and record-keeping requirements.
Every UK employer is responsible for preventing illegal working. A prescribed right to work check should be completed before employment begins.
A correctly completed check may provide the employer with a statutory excuse against liability for a civil penalty if the person is later found not to have permission to perform the work.
A right to work check must confirm both:
The official Home Office employer’s guide explains the prescribed checking requirements.
Employers should check all prospective workers consistently, including:
Employers should not make assumptions based on a person’s name, accent, appearance or nationality.
The check should normally be completed after the recruitment decision but before employment or work begins.
The appropriate method depends on the individual’s nationality, immigration status and available evidence.
| Checking method | When it may be used |
|---|---|
| Home Office online check | Normally for eVisa and digital-status holders |
| Manual document check | Where the individual has acceptable original documents |
| Digital Verification Service | Currently for eligible British and Irish passport holders |
| Employer Checking Service | Where Home Office verification is required |
An employer cannot simply choose whichever method is most convenient. The method must be legally available for the individual and evidence presented.
Most individuals with an eVisa must prove their right to work through the Home Office online service.
The individual should generate a right to work share code and provide it to the employer with their date of birth.
A right to work share code:
A share code beginning with “R” or “S” is intended for another checking service and should not be accepted for employment purposes.
The employer must enter the share code and date of birth through the official GOV.UK employer checking service.
It is not sufficient to:
The employer must access the official employer-facing result.
The employer must verify:
The identity comparison can normally be completed in person or through a live video call.
The employer should save or print the profile page showing:
The share code itself is not sufficient evidence that the employer completed the prescribed check.
A manual check may be appropriate where the person presents acceptable original documents from List A or List B of the Home Office guidance.
The prescribed manual process has three stages.
The employer must obtain the original acceptable document or combination of documents.
A scanned copy, photograph or document displayed only through a video call is not sufficient for a manual check.
The employer must check the document in the presence of the holder. This may be in person or through a live video link, but the employer must physically possess the original document during the check.
The employer should confirm that:
The employer is not expected to be a document-forensics expert. However, the employer should identify falsity or impersonation that would be reasonably apparent from careful inspection.
The employer must make a clear copy in a format that cannot be manually altered and record the date the check was completed.
For passports, the relevant pages containing personal details, photograph, nationality, expiry and immigration endorsements should be copied.
Other documents should normally be copied in full, including both sides where applicable.
The Home Office provides an official right to work checklist.
List A contains documents establishing a continuous statutory excuse.
It can include evidence showing that the person is:
Where a valid List A check is completed, no repeat check is normally required during that employment.
List B contains documents establishing a time-limited statutory excuse.
A follow-up check must normally be completed before the statutory excuse or immigration permission expires.
List B is divided into:
Employers must use the current acceptable-document lists rather than relying on outdated internal checklists.
A prescribed Digital Verification Service can currently be used for eligible British and Irish citizens holding a valid passport, including an Irish passport card.
The service digitally verifies the identity and passport details. However, the employer must still:
The employer remains responsible for the right to work check even when a digital provider is used.
An individual who does not hold a qualifying passport, or who does not wish to use a digital service, should be given another permitted method of proving their right to work.
The Home Office Employer Checking Service may be required where an individual cannot prove their right to work using the usual online or manual methods.
This may apply where the individual has:
The employer submits an online request with the worker’s permission and supporting information.
If the Home Office confirms permission to work, it issues a Positive Verification Notice. The employer must retain this notice.
A Positive Verification Notice normally establishes a time-limited statutory excuse for six months. A further check must be completed before that period expires if the person continues working.
An employee may continue to have permission to work where they submitted a valid application before their previous immigration permission expired.
If the online service confirms continuing permission, the employer should complete and retain the online check.
Where online confirmation is unavailable, the employer may need to contact the Employer Checking Service.
If the employer previously completed a valid check and is reasonably satisfied that an in-time application, appeal or administrative review is pending, the existing statutory excuse may continue for up to 28 calendar days after the previous permission expires. The employer should use this period to obtain an online confirmation or Positive Verification Notice.
A solicitor’s letter, application receipt or Home Office acknowledgement may help demonstrate that an application exists, but it does not independently provide a statutory excuse.
A follow-up check is normally required where the employee has time-limited permission.
The employer should maintain a secure reminder system recording:
The follow-up check should be conducted on or before the existing statutory excuse expires.
A new check is not normally required merely because a passport expires where the person has already established a continuous right to work.
Most immigration permission is now recorded digitally through an eVisa.
An expired Biometric Residence Permit must not be accepted as evidence through a manual right to work check. The worker should normally generate a share code so the employer can complete an online check.
A visa decision letter or expired BRP may help identify the individual’s immigration circumstances, but neither replaces the prescribed online check where digital status is available.
Assigning a Certificate of Sponsorship or receiving a successful visa decision does not replace the employer’s right to work check.
Before a sponsored worker starts employment, the sponsor should confirm:
The sponsor should also ensure that the actual employment is consistent with:
Right to work evidence must be retained for sponsored workers as part of the sponsor’s record-keeping duties. The current requirements appear in Appendix D of the sponsor guidance.
Where a Student has limited permission to work, the employer should check:
The employer should obtain and retain evidence of the relevant academic term and vacation dates covering the period of employment.
Evidence of a right to work check should be retained securely:
Records may be retained electronically or in hard copy, provided they are clear, secure and can be produced promptly if requested.
After the retention period ends, the documents should be securely destroyed in accordance with data-protection requirements.
Employers should apply a consistent right to work process to all prospective workers.
Employers should not:
The Home Office provides a separate code on avoiding discrimination.
New right to work regulations are due to come into force on 1 October 2026.
The changes will broaden the scheme beyond traditional contracts of employment to specified additional working arrangements and update the rules governing digital verification providers.
Businesses using arrangements involving gig workers, individual subcontractors, personal service contracts, substitution clauses or online matching services should review their procedures before the commencement date.
The commencement date is confirmed in the Immigration Regulations 2026.
This page should be reviewed and updated when the final supporting guidance takes effect.
An employer who employs someone illegally without a statutory excuse can currently face:
The current penalty framework is set out in the Home Office code on preventing illegal working.
Common mistakes include:
JISL can assist employers with:
JISL provides guidance and compliance support. The employer must complete or properly supervise the prescribed check and remains responsible for establishing its statutory excuse.
James Immigration Solutions Ltd supports UK employers in developing practical and consistent right to work procedures.
Contact us if your business requires a policy, compliance review, staff guidance or assistance with a difficult right to work case.
Email: admin@jisl.co.uk
Website: www.jisl.co.uk
James Immigration Solutions Ltd is regulated by the Immigration Advice Authority at Level 1.
IAA organisation reference: F202538614
Company number: 15056317
This page provides general information. Right to work legislation and Home Office guidance may change. Employers should apply the rules in force on the date each check is completed. Advice is provided according to the circumstances of each instructed matter.
Last reviewed: 3 August 2026.
JISL
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