Making Sure Those Working for You are Allowed to Work

Making Sure Those Working for You are Allowed to Work

As an employer, you are legally required to prevent illegal working. You may fulfil this legal duty by undertaking simple checks on your employees’ right to work in the UK. If you employ an illegal worker and have not carried out the correct right to work check, you may be liable to a civil penalty of up to £60,000 per illegal worker or a criminal conviction carrying a prison sentence of up to five years and an unlimited fine.

You are also strongly encouraged to ensure that right to work checks are carried out for non-direct employees, such as those who are self-employed in your business and that contractors and labour providers who you engage have carried out right to work checks on people they supply to work for you. This will help to ensure your business and supply chains are free from illegal working and exploitation.

You must check that a job applicant is allowed to work for you in the UK before you employ them. You can:

Check the applicant’s right to work online if they’ve given you their share code, or
Check the applicant’s original documents (a manual check).

British and Irish citizens cannot get an online share code to prove their right to work. You’ll need to check their original documents, or use an identity service provider instead.

You can also check an applicant’s right to work by using an identity service provider that offers Identity Document Validation Technology (IDVT). This service is for British and Irish passport, or passport card holders only. You can find out more about IDVT in the Home Office employer’s guide.

You should carry out right to work checks for all employees to avoid discrimination and to demonstrate a transparent recruitment practice. The Code of Practice for employers provides further advice on this issue.

Conducting any of these checks in the manner prescribed in the Home Office guidance and in the code of practice will provide you with a statutory excuse against a civil penalty.

If you decide to offer the person a job, it is a good idea to put the offer in writing and, where appropriate, state clearly that this is on the basis of the documentation you have been shown.

Home Office online right to work check

Online checks are now the default for most employees to prove their right to work.

You can conduct an online check by using the online service, entitled ‘Check a job applicant's right to work: use their share code’ on GOV.UK, using the share code generated by the employee. It is not sufficient to view the details provided by the employee on the migrant part of the service.

Check the photograph on the online right to work check is of the applicant. This can be done in person or by video call.

Check the details displayed of the person’s permission to work, including the hours they can work (if applicable) and how long they can stay in the UK.

Print or save the output from the check including the person’s photo and the date on which the check was conducted. This is your evidence that the right to work check was conducted.

Individuals who previously held Biometric Residence Permits or cards are encouraged to create a UKVI account to continue proving their right to work after 31 December 2024. This will enable individuals to access their status via an eVisa. The person can then provide you with a share code for an online right to work check.

Evisas and Digital Immigration Status

An eVisa is an online record of a person’s immigration status, including their conditions and the type of permission they have to remain in the UK. Since April 2024, the Home Office has issued new visa applicants and customers already living in the UK applying to extend their leave with a digital-only proof of immigration status. This allows individuals to prove their rights and status instantly, accurately and securely to employers.

An eVisa removes the need for physical documents such as the Biometric Residence Permit and passports containing a visa vignette sticker and/ or immigration ink stamps. The Home Office have communicated with customers who are known to hold these physical documents to ask them to create a UKVI account, to access their eVisa.

Evisa holders will prove their right to work to an employer by generating a share code via the Home Office online service. Holders of some acceptable, physical immigration documents who have not yet registered for a UKVI account and an eVisa may still prove their right to work via a manual document check. These individuals should be signposted by employers to create a UKVI account so they can continue to prove their rights and status in the future.

Checking an applicant’s original documents (manual check)

Ask to see the applicant’s original documents. You can no longer accept Biometric Residence Cards or Permits. Ask the applicant for a share code instead.
Check that the documents are valid with the applicant present.
Make and keep copies of the documents and record the date you made the check.

For step 2, you must check that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering. Please refer to section 2 of the employer’s guide on what document checks you need to make. You may also find the Home Office guidance on examining identity documents helpful.

The following documents may be used to demonstrate that a person has the right to work permanently in the UK:

UK Passport, current or expired showing the holder is a British citizen of the UK and Colonies having the right of abode in the UK.
Passport or passport card, current or expired showing the holder is an Irish citizen.
Current passports endorsed to show the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK or has no time limit on their stay in the UK.
A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
A birth or adoption birth certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or previous employer.
A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
A Certificate of Registration or Naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

The list of documents above that can be presented for a manual check is not exhaustive and is subject to change. Other documents remain acceptable for a manual check, please refer to the employer’s right to work checklist for a full list. You should refer to the online version of the list each time a check is conducted.

It should be noted that the following documents do not demonstrate a right to work:

A disclosure and barring service check;
A National Insurance number on its own;
An ILR (Indefinite Leave to Remain) vignette in a passport that has expired.

Follow-up checks

If your employee’s right to work is time limited, as shown by an expiry date, you’ll need to carry out a follow-up check on or before the date on which their immigration permission expires. Section 4 of the employer’s guide advises on making these checks.

When to use the Home Office Employer Checking Service to verify right to work

In certain circumstances, you will need to contact the Home Office’s Employer Checking Service (ECS) to establish a statutory excuse. These are when:

You are presented with a document (non-digital Certificate of Application of an acknowledgement letter or email) confirming receipt of an application to the EU Settlement Scheme on or before 30 June 2021.
You are presented with a non-digital Certificate of Application confirming receipt of an application to the EU Settlement Scheme on or after 1 July 2021.
You are presented with a valid Application Registration Card stating that the holder is permitted to undertake the work in question. Any work will be restricted to employment in a shortage occupation or on the Immigration Salary List. See section below on asylum seekers for further information.
You are satisfied that you have not been provided with any acceptable documents and are unable to carry out a check using the online service, for example due to a technical issue with the individual’s eVisa or digital immigration status.
The person presents other information indicating that they have an outstanding application for permission to stay in the UK with the Home Office, which was made before their previous permission expired or has an appeal or administrative review pending and, therefore, cannot provide evidence of their right to work.
You consider that you have not been provided with any acceptable documents, but the person presents other information indicating they are a long-term resident of the UK who arrived in the UK before 1988.

In the above circumstances, you will establish a statutory excuse only if you are issued with a Positive Verification Notice (PVN) confirming that the named person is allowed to carry out the type of work in question.

Right to Work Checks for EEA citizens since 1 July 2021

EEA citizens and their family members are required to have immigration status in the UK. They can no longer rely on an EEA passport or national identity card to prove their right to work as this only confirms their nationality. They are required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals.

There is no requirement for a retrospective check to be undertaken on EEA citizens who entered into employment before 1 July 2021. If you carried out checks in line with the guidance that applied at the time you will maintain a statutory excuse.

How EEA citizens are required to prove their right to work

EEA citizens who did hold any other immigration status but who wished to continue living and working in the UK after EU exit were required to make an application to the EU Settlement Scheme for confirmation of their right to live and work in the UK. The deadline for most people to apply was 30 June 2021. Successful applicants to the scheme received either pre-settled status or settled status depending on their length of residence in the UK. This status is issued digitally and holders prove their rights by generating a share code in the Home Office online service.

EEA citizens who held Indefinite leave to Remain (ILR) were not required to make an application to the EU Settlement Scheme. You can carry out a manual check of their Home Office documentation provided it is a document set out in the acceptable documents list, or an online check if the person has a digital status.

Applicants to the EU Settlement Scheme who have not yet had a decision on their application are issued with a digital Certificate of Application as proof of their rights pending an outcome. These individuals will be able to provide you with a share code for an online right to work check.

A small number of applicants to the EU Settlement Scheme may hold a non-digital Certificate of Application, in the form of a PDF document attached to an email, or a letter. If they cannot produce a share code you should contact the Employer Checking Service. On receipt of a Positive Verification Notice, retain this together with a copy of the Certificate of Application. This will provide you with a statutory excuse for 6 months from the date of issue. You will need to carry out a repeat check before this expires if the person is still awaiting a decision.

Non-EEA family members of EEA (and Swiss) nationals

Since 1^st July 2021 non-EEA family members of eligible EEA nationals who were resident in the UK on 31^st December 2020 are required to make an application to the EU Settlement Scheme to continue living in the UK. They will demonstrate their right to work using the Home Office online service. Family members who wish to join EEA nationals in the UK must make an application to the EU Settlement Scheme within 3 months of arriving in the UK. Where a joining family member makes a valid application to the EU Settlement Scheme they will receive a Certificate of Application (CoA) from the Home Office which can be used to demonstrate their right to work. Employers will need to verify the validity of the CoA using the online checking service or Employer Checking Service.

Irish citizens

Irish citizens can prove their right to work using their Irish passport or Irish passport card which can be either current or expired. Alternatively, they can present their birth or adoption certificate together with an official document giving their permanent National Insurance number and their name, issued by a government agency or previous employer.

Asylum Claimants

Asylum claimants are issued with an Application Registration Card (ARC) to acknowledge that they have claimed asylum which includes a biometric facial image and an expiry date. Asylum claimants are usually not permitted to work, however some may be granted permission to work by the Home Office and, if so, the ARC will state that work is permitted.

Those granted permission to work on or before 3^rd April 2024 are restricted to working in jobs on the shortage occupation list published by the Home Office. Their ARC will state “work permitted shortage OCC”. Claimants granted permission to work on or after 4^th April 2024 are restricted to working in jobs on Appendix: Immigration Salary List published by the Home Office. Their ARC will state “Permission to work para 360”.

When the ARC indicates that work is permitted, the employer must still verify this through the Employer Checking Service. Where the claimant does have a right to work, a Positive Verification Notice will be issued which will be valid for a period of six months from the date of the notice. The employer will then need to conduct a repeat check before the end of that period.

Students

Not all international students have the right to work while they are studying in the UK, but some are allowed to take limited employment if the conditions of their permission to study allows this. A student who has been granted permission to be in the UK will be limited in the number of hours they are permitted to work during term time. Students are able to prove their right to work using their eVisa and an employer is able to check this using the online service. The output from the online check will provide details of the number of hours a student is permitted to work. An employer is also required to retain a note of the term and vacation periods for their course of study along with the right to work check.

Please refer to Annex B of the employer’s guide for more information on right to work checks for students.

Skilled Workers

You will usually need a sponsor licence to employ someone to work for you from outside the UK. The online checking service output will tell you if the applicant has permission to work. It will also state the conditions that apply to the person’s permission.

Skilled workers must work for the employer who sponsored their current grant of permission to enter or stay. They can only work in the role for which they are being sponsored.

Supplementary work with other employers is permitted, subject to certain conditions being met. They must:

Work no more than 20 hours supplementary work per week in total. These hours must be worked outside their main job contracted hours.
The supplementary role must be the same role as their main job and one that is listed in tables 1, 2 or 3 the skilled occupations list.
Continue to work for the employer who sponsored their permission to enter or stay.

Please see Annex B of the employer’s guide for further information on checks for skilled workers.

Useful Links & Further Information

Employer’s Guide to Right to Work Checks

Employer's guide to right to work checks: 23 September 2024 (accessible version) - GOV.UK

Illegal Working Penalties: codes of practice for employers

Illegal working penalties: codes of practice for employers - GOV.UK

Online tool

Check if a document allows someone to work in the UK: Check if a document allows someone to work in the UK - GOV.UK

Right to Work Checklist

Right to work checklist - GOV.UK

eVisas

Online immigration status (eVisa) - GOV.UK

Sign up for Right to Work email updates

Employers – Right to Work Scheme

Training

The Home Office’s Immigration Enforcement Checking & Advice Service offers training for employers on Right to Work and Document Fraud.

Browse and book forthcoming training events on Eventbrite here: Home Office, Immigration Enforcement, Checking and Advice Service Events - 25 Upcoming Activities and Tickets | Eventbrite.

You can also email the team This email address is being protected from spambots. You need JavaScript enabled to view it. (for further information about training only).

Reviewed and updated January 2025.

This document should be reviewed and updated annually.