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.
Prezentare generală
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.
Cine poate folosi acest proces
- 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
Proces pas cu pas
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.
Costuri
Avertismente importante
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.