Until 30 September
Key takeaways
Right to work check is a mandatory procedure: Employers must verify eligibility before the employment starts. This process helps employers establish a “statutory excuse” against liability for civil penalties.
Digital checks are now the default for most non-UK and non-Irish workers: since 31 December 2024, BRPs have been replaced by eVisas, and workers prove status using a share code generated from their UKVI account.
Acceptable documents vary by route: a valid British or Irish passport for manual checks; a share code for eVisa or pre-settled/settled status holders; a certified IDVT check for British and Irish citizens through an IDSP.
Employers must keep records of right to work check: Evidence must be stored to comply with UK immigration law and maintain their statutory excuse.
Penalties for non‑compliance are substantial: As the GOV.UK code of practice explains, employers can face civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 per worker for repeat breaches within three years; if checks are not done properly, employers may also face criminal convictions and prison sentences of up to five years.
British and Irish citizens can be checked via a certified Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT), in place since 6 April 2022; this avoids the need to see physical documents in person.
Since 13 February 2024, the civil penalty for employing someone without the right to work in the UK has tripled to £45,000 per illegal worker for a first breach and £60,000 per worker for repeat breaches (GOV.UK).
The system itself has also shifted: biometric residence permits (BRPs) expired on 31 December 2024, and most non-UK and non-Irish workers now prove their status via an eVisa and a UKVI account.
This guide covers the three valid check routes in 2026, manual, digital share code and Identity Service Provider (IDSP), and how to keep your statutory excuse intact.
What is a right to work check?
A right to work check in the UK is a legal process where employers confirm that a person is allowed to work in the country before the employment begins.
Why is the check required?
Employers must carry out a check of someone's right to work in the UK to avoid illegal actions. According to UK government guidance, failing to do so can result in civil penalties.
Who needs a right to work check?
Every person starting a job in the UK must have a right to work check before employment begins, regardless of their nationality. This includes:
UK citizens
Irish citizens
EU nationals
Non‑UK residents with visas or immigration status
Depending on the person’s status, the check can be done either by reviewing original physical documents (such as a passport or biometric residence permit) or by completing a digital check using an online service and a Home Office share code.
How do you check right to work?
In order to check the right to work in the UK, employers must follow either a manual or digital process. This depends on the worker’s status.
Digital right to work check
Digital checks involve using an online system where the employee provides a share code right to work.
Some steps include:
Workers generate a share code (a temporary online code that allows employers to securely check a person’s right to work status through the UK Home Office system)
Employers enter it online
Identity is digitally verified
Manual right to work check
Manual checks apply mainly to British and Irish citizens who choose not to use an IDSP. Employers must check original documents in person (or via live video call while holding the original), then keep a clear, dated copy. List A documents that prove an ongoing right to work include:
A valid British or Irish passport (current or expired)
A current passport endorsed to show the holder is allowed to stay and work in the UK
A birth or adoption certificate issued in the UK, Channel Islands, Isle of Man or Ireland, combined with an official document showing the person's National Insurance number (eg P45, P60, HMRC letter)
For non-British and non-Irish citizens with time-limited permission, the online share code route must be used instead.
Identity Service Provider (IDSP) checks
Since 6 April 2022, employers can use a certified IDSP to carry out a digital identity check on British and Irish citizens using Identity Document Validation Technology (IDVT). The IDSP confirms that the document is genuine and that the person presenting it is the rightful holder.Employers remain legally responsible for the check, so they must:
Use an IDSP on the Home Office certified list
Keep a copy of the IDVT identity check report for the duration of employment and for two years after
Satisfy themselves that the photograph and details on the IDSP report match the worker
The IDSP route does not apply to non-British and non-Irish citizens — those must continue to use the online share code check.
What documents prove the right to work in the UK?
Proof of right to work in the UK depends on the person’s immigration status. For example, individuals may prove their status using a British or Irish passport, a visa, biometric residence permit, or an online share code linked to their UKVI account.
UK and Irish citizens
Typical right to work in UK includes documents:
A valid passport
Irish passport card
Non-UK citizens
Non-UK and non-Irish citizens must prove their right to work via the online service, using a share code linked to their UKVI account. Acceptable evidence includes:
An eVisa (digital immigration status)
Pre-settled or settled status under the EU Settlement Scheme
A Frontier Worker permit or other digital immigration record
Physical documents alone (such as expired BRPs or vignette stickers) are no longer sufficient for new hires from 1 January 2025.
What is a share code and how does it work?
A share code right to work in the UK is a temporary code that allows employers to check an individual’s work eligibility online.
How to get a share code?
Individuals can check your right to work in the UK and generate a code via the official GOV.UK service, which links directly to their digital immigration status (such as an eVisa). This code is then shared with an employer, who can use it to securely view and confirm the person’s work eligibility online.
How do employers use the share code?
Employers input the code into the official system to view work permissions, confirm their identity and save the evidence of the check.
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What are employers’ responsibilities for right to work checks?
Employers must follow strict compliance rules when performing a right to work check through gov UK.
Record keeping and compliance checks
Employers must keep copies of the documents or online results, record the date of the check, and store records securely.
Penalties for non-compliance
Failure to conduct proper right to work checks can lead to:
Civil penalties of up to £45,000 per illegal worker for a first breach and £60,000 per worker for repeat breaches within three years.
Loss of the statutory excuse: if the check is not carried out and recorded correctly, the employer loses its legal defence and can be held liable for the civil penalty even if it genuinely believed the worker had the right to work.
Criminal prosecution where the employer knew, or had reasonable cause to believe, the worker had no right to work; the offence carries an unlimited fine and a prison sentence of up to 5 years (Immigration, Asylum and Nationality Act 2006, s.21).
Restrictions on hiring migrant workers in the future.
Employers should follow the GOV.UK code of practice on preventing illegal working to ensure compliance and avoid penalties.
How can you check your right to work in the UK?
Individuals can verify their own status using official tools before starting a new job or sharing their details with an employer.
When do you need proof of right to work in the UK?
You might need proof of your right to work when starting a new job, changing employers, extending or updating your immigration status, or when an employer needs to re-check your eligibility to work in the UK. Employers are legally required to complete these checks before employment begins.
Online self-check process
In order to check your right to work in UK, individuals can log into the official website GOV.UK, view immigration status, and generate their share code.
With eVisas now the norm and civil penalties at £45,000 per worker on a first breach, right to work checks are no longer a back-office task.
Review your hiring checklist now to confirm every new starter is verified via the appropriate route, manual, share code or IDSP, before their first day, and diary every time-limited permission to avoid the statutory excuse lapsing.
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