Right to Work checks
How to conduct a right to work check
It is illegal to employ somebody who does not have the right to work in the UK. The law on preventing illegal working is set out in the Immigration, Asylum and Nationality Act 2006.
The right to work check must be conducted before employment commences. This can be done either manually or online, both of which provide the statutory excuse. Only documents listed in the Acceptable Documents List are valid for proving the right to work.
Online interactive tool available to ‘Check if someone can work in the UK’
Manual Checks
Declaration & Date: Please ensure the declaration and date are written on the document copy and signed by the person conducting the check to avoid civil penalties: Wording example: ‘The date on which this right-to-work check was made: [insert date]’ and signed by the person conducting the check.
Step 1:
The applicant must present original versions of one or more documents from the acceptable documents list. Only accept original documents as described in the Acceptable Documents lists.
Step 2:
- Check the original documents in the presence of the holder (in person or via live video link).
- Verify the documents are genuine, and ensure photographs and dates of birth are consistent.
- Check expiry dates and any work restrictions.
- Explain any differences in names with supporting evidence (e.g., marriage certificate).
Step 3:
Make a clear copy of each document. Sign (print) and date all copies taken: ‘the date on which this right to work check was made: [insert date and signature]’
Note: The person’s name and surname on the records MUST match the provided evidence (additional paperwork may be needed e.g. marriage certificate)
Documents – which parts to copy:
- Passports: any page with the document expiry date, the holder’s nationality, date of birth, signature, immigration permission, biometric details, photograph and any page containing information indicating the holder has a valid* entitlement to enter or remain in the UK (visa sticker/vignette or entry stamp) and undertake the work in question.
- Both side of any cards or paper documents.
- Check for signs of tampering on the passport cover, but it doesn’t need to be copied.
Via this link you can access the full Gov guide on Right to Work checks. Additionally, you can use this link to check out our summary on the SchoolsWeb.
Online Right to Work checks
The Home Office online right to work checking service allows employers to verify if a person is allowed to work in the UK and any restrictions on the work they are permitted to do. This service is accessible on the ‘Check a job applicant’s right to work use their share code’ page on GOV.UK. Currently, the online checking service supports checks in respect of those who hold:
- a biometric residence permit; or
- a biometric residence card; or
- status issued under the EU Settlement Scheme; or
- status issued under the points-based immigration system; or
- British National Overseas (BNO) visa; or
- Frontier Worker permit
- Evisa holders – Almost all non-British or non-Irish citizens should have an eVisa account, which enables them to prove their right to work via this route. For more information, please refer to this official gov.uk video.
If a non-British or non-Irish citizen has a visa application in progress and cannot provide a share code, or presents a physical document, please contact us in advance. This allows us to confirm the acceptability of the evidence, help you avoid any delays, and ensure full compliance with statutory excuse requirements — as well as offer guidance if any further steps are necessary.
Step 1:
- Determine Immigration Status: Check if the Online Right to Work check is suitable.
- Obtain Share Code: Ask the individual to get a share code from this link. They can send it directly or via the service.
- Validity: Share codes are valid for 90 days and start with a letter indicating their purpose (e.g., ‘W’ for right to work).
- Conduct Online Check: Use the Home Office Online Right to Work Checking Service. Viewing details on the migrant part of the service alone is insufficient.
- Access Details: To view right to work details, go to this link and enter the share code, date of birth, and your organisation’s name.
Step 2:
- Verify Identity: Ensure the photograph on the online right to work check matches the individual presenting themselves for work.This can be done in person or via video call.
- Employment Conditions: Only employ or continue to employ the person if the online check confirms they have the right to work and are not subject to any conditions preventing them from doing the job.
Step 3:
- Retention of Evidence: For online right-to-work checks, retain the ‘profile’ page showing the individual’s photo and the date of the check. Save it as a PDF to avoid link expiration.
- Storage: Store the evidence securely (electronically or in hardcopy) for the duration of employment and for two years afterwards. Then, securely destroy the file.
- Legal Compliance: If illegal working is identified, evidence of the right-to-work check is needed to avoid a civil penalty. This
evidence can be presented to an immigration officer.
*If an online right-to-work check shows that an individual’s right-to-work is time-limited, a follow-up check must be done before the permission expires. If the right-to-work is not time-limited, no further checks are needed.
*If you have any doubts about the acceptability of the provided document or suspect any fraudulent activity, please contact us via the Service Portal