Right to Work check (employer guide)
How UK employers carry out Right to Work checks — three statutory check methods (online, in-person, identity service provider), what gives a 'statutory excuse', and the £60,000 civil penalty risk for getting it wrong.
Quick answer
Every UK employer must check a prospective employee's Right to Work before they start. There are three statutory methods: (1) the Home Office online check using a share code, (2) an in-person manual document check, or (3) using an Identity Service Provider (IDSP). Doing the check correctly gives the employer a 'statutory excuse' against civil-penalty liability. Failing to check, or checking incorrectly, can result in a civil penalty of up to £60,000 per illegal worker (raised from £20,000 in February 2024).
Overview
Under the Immigration, Asylum and Nationality Act 2006, UK employers have a legal duty to check the immigration status of every new employee before they start work, regardless of nationality. Getting the check right gives the employer a 'statutory excuse' — a complete defence against the civil penalty for employing an illegal worker. Getting it wrong, or skipping it, exposes the employer to a civil penalty of up to £60,000 per worker (up from £20,000 from February 2024) and potential criminal liability for knowing employment of an illegal worker. This guide is for employers (or HR teams) — it does not constitute legal advice for any individual employer's circumstances.
Who Can Use This Process
- You are a UK employer (any size, any sector) hiring an employee — including casual, part-time, and zero-hours workers
- The work will be carried out in the UK
Step-by-Step Process
Decide which check method applies
British/Irish citizens with a passport can be checked manually (in-person or with an IDSP). Most other people must be checked using the Home Office online service with a share code generated by the worker.
Online check (most common)
Ask the worker for a share code (they get this from their UKVI account). Enter the share code and their date of birth at gov.uk/view-right-to-work. You see their status (e.g. 'Indefinite Leave to Remain', or 'Skilled Worker visa until [date]'). Save a copy with a date stamp.
In-person manual check
For British/Irish passports only. You must see the original document, check it is genuine and unaltered, check the photo matches the person, copy each relevant page, sign and date the copy, and confirm it is a true copy. Keep with the worker's file for at least 2 years after they leave.
Identity Service Provider (IDSP) check
Only for British or Irish citizens. The IDSP performs digital identity verification using government-approved technology (IDVT). The employer keeps the IDSP's verification report.
Time-limited checks — diary the expiry
For visa-holders with time-limited permission, set a diary reminder to re-check before the expiry. If you continue to employ after the visa expires without renewing the check, you lose your statutory excuse.
Record-keep for the full retention period
Keep records for the duration of employment plus 2 years after it ends. Without records, you have no statutory excuse.
Costs
Important Warnings
Always carry out the check BEFORE employment begins. Late checks do not give a statutory excuse.
Discriminatory practices (e.g. only checking people who 'look foreign') breach the Equality Act 2010 — check every new starter the same way.
Sponsor licence holders have additional record-keeping duties under the sponsor compliance framework.
The penalty increased to £45,000 first offence / £60,000 repeat offence from 13 February 2024.
Useful Links
Frequently asked questions
- How much does it cost?
- Main outlays are: Home Office online check (worker-side) — Free; IDSP (British/Irish only) — per check — £5–£15 (varies); Civil penalty if you get it wrong — Up to £60,000 per illegal worker (from Feb 2024). Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Always carry out the check BEFORE employment begins. Late checks do not give a statutory excuse.; Discriminatory practices (e.g. only checking people who 'look foreign') breach the Equality Act 2010 — check every new starter the same way.; Sponsor licence holders have additional record-keeping duties under the sponsor compliance framework.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Right to Work checks — employer guidance (gov.uk); View a job applicant's Right to Work; Find an Identity Service Provider. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.
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