What is a right to work check?

A right to work check is the check a UK employer must make, before a worker starts, to confirm the person is allowed to do the job. The employer uses original documents, the Home Office online service with a share code, or a registered digital identity service. A correct check gives the employer a statutory excuse against a civil penalty.

How a right to work check works

All UK employers have a legal duty to prevent illegal working. They do this by checking, before the person starts, that the individual is not disqualified from the work by their immigration status.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)} If the employer carries out the check as the Home Office prescribes, it has a statutory excuse. That means the employer is not liable for a civil penalty if the worker later turns out not to have the right to work.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

The check has to be made before employment starts. A check made for another purpose, such as an application for an operating licence, does not give a statutory excuse.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)} Employers must not discriminate against anyone because of where they are from, and they should give every worker a reasonable opportunity to prove their right to work.^{[1]Home Office, Checking a job applicant's right to work[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

The three prescribed methods

To get a statutory excuse the employer must use one of three checks before the worker starts. The employer cannot dictate which one the worker uses. The method depends on the person’s nationality and on the permission they hold.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

British and Irish citizens cannot get a share code. For them the employer must check original documents, such as a passport or passport card, or use an identity service provider.^{[1]Home Office, Checking a job applicant's right to work} A person who has an eVisa can only prove their right to work through the online service.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)} Biometric residence cards and permits can no longer be accepted. The employer should ask for a share code instead.^{[1]Home Office, Checking a job applicant's right to work} An employer that uses a digital verification service provider must use a registered one.^{[3]Home Office and Immigration Enforcement, Code of practice on preventing illegal working: Right to Work Scheme for employers, 1 October 2026 (PDF)}

The online check in detail

A worker generates a share code through the Home Office service by choosing the reason ‘Prove your right to work to an employer’. The code is 9 characters long and begins with the letter W. It is valid for 90 calendar days. The employer cannot use codes that begin with R or S, which are for other services.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

The employer enters the code and the worker’s date of birth, and records its own name in full. It must check that the photograph on the result is of the individual being checked. Viewing the worker’s own copy of the result or a printout is not enough. The employer must keep a PDF or HTML copy of the profile page, which shows the photograph and the date of the check.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

Records and follow-up checks

For a manual check, the employer must make a clear copy of each document and keep a secure record of the date of the check. Writing a bare date on a copy is not enough. The date must be recorded in a way that confirms it is the actual date of the check, such as the wording ‘The date on which this right to work check was made’ followed by the date.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)} The employer must keep copies for the whole of the worker’s employment and for two years afterwards.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

If a worker’s right to work is time-limited, the employer must check again if it intends to keep employing them after the permission ends. The recheck must be done on or before the date the permission comes to an end. It does not have to use the same method as the first check. If the first check showed settled status or EU Settlement Scheme status, no follow-up check is needed.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

What changed on 1 October 2026

The Border Security, Asylum and Immigration Act 2025 widened the scheme beyond traditional employment. References to employing someone now include engaging an individual under a worker’s contract, as an individual sub-contractor and through an online matching service. A civil penalty for those arrangements may be imposed only where the work began on or after 1 October 2026.^{[3]Home Office and Immigration Enforcement, Code of practice on preventing illegal working: Right to Work Scheme for employers, 1 October 2026 (PDF)} Individuals who run an independent business and contract directly with clients are not in scope.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

Example

Hannah runs a cafe and offers Marek a job. Marek has an eVisa, so he generates a share code. Hannah enters the code and his date of birth on the GOV.UK service, confirms that the photograph matches him and saves a PDF of the profile page. She keeps it for as long as Marek works for her and for two years afterwards. The profile shows a time-limited right to work, so Hannah diarises a repeat check on or before the date it ends.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

What people get wrong

Many employers think seeing the result on the worker’s phone, or keeping a printout, completes the check. The employer guide says it is not enough to view the details on the worker’s own service or on printed copies. The employer must run the check itself on the Home Office service.

The same guide warns that a document inspected only through a live video link or a scanned copy does not count. For a manual check the employer must hold the original document and check it with the holder, in person or by live video link.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)}

The bottom line

A right to work check is the employer’s own legal check, made before the worker starts and repeated when permission is time-limited. Doing it as prescribed gives a statutory excuse. Doing it wrongly, late or not at all can lead to a civil penalty of up to £60,000 per illegal worker.^{[2]UK Visas and Immigration and Immigration Enforcement, Employer's guide to right to work checks, 1 October 2026 (PDF)} The method is set out in the Home Office employer guide and the statutory code of practice.