hiring-and-onboarding
Right to work checks: an employer checklist
Follow a consistent right to work checking process using the correct online, digital or manual route.
UK employers must prevent illegal working. A correctly completed right to work check before employment begins can establish a statutory excuse against a civil penalty, provided the employer has no reasonable cause to believe the person is working illegally.
Choose the correct route
Depending on the applicant's status and evidence, the check may be completed using the Home Office online service, through an identity service provider for eligible British and Irish citizens, or manually using acceptable original documents. An Employer Checking Service check may be needed in certain circumstances.
Do not improvise a mixed process. Follow the current Home Office employer guide and ensure the person presenting the evidence is the applicant.
Online, digital and manual checks
The Home Office online service is used where an applicant has an eligible digital immigration status and provides a share code. The employer must access the employer-facing service, view the current profile and check that the photograph and details match the person. A screenshot provided by the applicant is not a substitute for completing the prescribed employer check.
An identity service provider can support eligible digital identity checks for British and Irish citizens, but the employer remains responsible for obtaining the required identity verification and satisfying itself that the person presenting for work is the verified individual.
Manual checks remain available for eligible original documents. Check the current acceptable-document lists, examine originals in the applicant's presence and take a clear copy in the prescribed way. The document must be on the applicable list and show the necessary permission.
Complete and record the check
- Carry out the check before employment starts.
- Check photographs, dates of birth, expiry dates and any work restrictions.
- Confirm that the permitted work covers the role and hours offered.
- Keep the required evidence securely and record the date of the check.
- Schedule a follow-up check where permission is time-limited.
Retention and follow-up
Keep the required evidence securely for the duration of employment and for the required period afterwards. The record should show the check date, not merely the date a file was uploaded. Limit access because passports, immigration status and identity records contain sensitive personal information.
Where permission is time-limited, create a reliable reminder before expiry. A follow-up check must use the route and evidence permitted at that time. Contact the person early enough to resolve ordinary administrative issues rather than waiting for a payroll or scheduling system to flag a problem.
An Employer Checking Service positive verification notice may provide time-limited protection in specified situations. Track its expiry and any further action required.
Apply the same process to every applicant who reaches the relevant stage. Avoid assumptions based on nationality, accent, name or appearance. The Home Office code of practice on avoiding unlawful discrimination should be used alongside the checking guide.
Avoid discrimination during recruitment
Tell all candidates at the same stage that evidence of the right to work will be required. Do not demand a British passport, refuse acceptable immigration evidence or subject one nationality to additional hurdles. A person may have a permanent right to work without holding the document a manager expects.
Separate the check from subjective recruitment decisions. If sponsorship is not available for a role, explain the genuine requirement consistently, but do not make assumptions before understanding the person's existing permission.
Restrictions must match the role
Some permissions restrict hours, occupation, employer or type of work. Compare any restriction with the offered duties, location and schedule. Student working-hour limits, for example, require the employer to understand the applicable conditions and relevant term dates rather than relying only on the employee's availability.
If the role changes materially after recruitment, consider whether the existing permission still covers it. Right to work is not only an onboarding issue where permission or duties are limited.
If a problem appears
Do not immediately dismiss or withdraw an offer based on an uncertain document. Pause, verify the correct route and allow the individual to explain or provide the permitted evidence. Use the Employer Checking Service where the guidance requires it. Obtain specialist advice before taking action where employment has started or status is disputed.
Audit checklist
- a consistent recruitment-stage instruction;
- evidence of the prescribed check route;
- confirmation that the identity matched the applicant;
- the recorded check date and checker;
- secure retention and a clear deletion schedule;
- follow-up reminders for time-limited permission;
- alignment between restrictions, contract and actual work.
The right to work FAQ gives a concise reminder. Complete the check before relying on a start date in the employment contract.
This guide is general information, not legal advice. Right to work rules and acceptable evidence change. Always use the current Home Office guidance and obtain specialist advice where permission or evidence is unclear.