- All UK employers must check that every employee has the right to work before employment starts; no exceptions for any nationality.
- A statutory excuse against civil penalty is established by carrying out the correct check and retaining the records.
- For non-British workers with a BRP or eVisa, the online share code is the primary check method; a physical BRP is not required.
- Civil penalties reach up to 60,000 pounds per illegal worker for repeat breaches from 2024.
- Employers who knowingly employ illegal workers face criminal prosecution with up to 5 years imprisonment.
Last reviewed: 13 May 2026
Under the Immigration, Asylum and Nationality Act 2006 as amended, all employers in the UK have a legal duty to check that anyone they employ has the right to work in the UK before their first day of work. This applies to all workers regardless of nationality.
The Legal Obligation
The check is required before employment begins. Checks are not required for genuine volunteers (who receive no payment or benefit in kind) or for self-employed contractors engaged on a services contract. However, agencies supplying workers to end-user businesses are responsible for checking the right to work of workers on their books; the end-user employer is responsible if the agency arrangement does not include a formal contractual transfer of the checking obligation.
Three Types of Right to Work Check
Manual document check: the employer physically examines an original document, confirms it appears genuine and belongs to the worker, makes a clear copy, and records the date. Used for List A and List B documents.
Online share code check: used for workers who hold a BRP, eVisa, or EU Settlement Scheme status. The worker generates a share code via their UKVI online account; the employer enters it at gov.uk/employer-checking-service with the worker's date of birth. The result confirms the right to work and any conditions (for example, "20 hours per week" for a Student visa holder).
Adjusted (IDVT) check: Identity Document Validation Technology (IDVT) checks allow British and Irish passport holders to be verified remotely. Employers must use a certified IDVT provider; a list is maintained at gov.uk. IDVT checks cannot be used for non-British and non-Irish workers; those workers must use the online share code or a manual check.
List A Documents (Unlimited Right to Work)
UK or Irish passport (current or expired): standard document for British/Irish citizens. UK birth or adoption certificate plus NI number evidence: must be original certificate, not copy. Certificate of registration or naturalisation: proves British citizenship. Passport or travel document showing indefinite leave: stamp or vignette endorsement visible. BRP or eVisa showing ILR or settled status: online check preferred for eVisa. EUSS settled status (online check): no physical document needed, online check only. List A documents establish an unlimited right to work. No repeat check is required during the employment relationship.
List B Documents (Time-Limited Right to Work)
Passport with current UK visa vignette: vignette must be in date. Current BRP showing time-limited leave: online check preferred. Online share code confirming time-limited leave: primary method for BRP/eVisa holders. UKVI letter confirming pending in-time application: specific conditions apply. Certificate of Application (for EUSS applications): online Employer Checking Service required. List B documents require a follow-up check when the leave expires or after 12 months, whichever is sooner.
The Share Code Process Step by Step
The worker logs in to their UKVI online account at gov.uk/view-prove-immigration-status. A share code is generated, nine characters, valid for 90 days. The worker provides the share code and their date of birth to the employer. The employer accesses the check at gov.uk/employer-checking-service. The result confirms right to work, any conditions (hours restrictions, permitted work types), and expiry if time-limited. The employer downloads and retains the check result page. If the online service is unavailable on the worker's start date, contact the Home Office Employer Checking Service by phone. A Positive Verification Notice (PVN) provides a six-month statutory excuse.
Edge Cases in the Share Code Process
Worker claims they cannot generate a share code: this may indicate the worker's leave is not yet showing in the UKVI system (e.g. they have just arrived and their BRP has not been collected, or a renewal is in progress). Options: ask the worker to contact UKVI to resolve the account issue; use the Employer Checking Service to obtain a PVN if the worker has a pending in-time application; do not allow the employment to begin without either a valid share code result or a PVN.
Share code shows conditions the role does not satisfy: for example, a Student visa holder whose share code shows "permitted to work 20 hours per week" cannot be employed full-time during term-time. The employer must match the role to the conditions shown. Employing a Student visa holder beyond their permitted hours is an employer offence, even if the worker presented a valid share code and the check was conducted correctly.
Worker on a sponsored visa changing employer: a Skilled Worker visa is linked to a specific sponsor. If the worker changes employer, the new employer must be a licensed sponsor who has issued a new Certificate of Sponsorship before the employment begins.
Repeat Checks for Time-Limited Workers
Where a worker's right to work is time-limited (List B), the employer must carry out a follow-up check before the expiry of the current leave or 12 months from the initial check, whichever is earlier. Best practice is to diarise the follow-up check date at the point of the initial check, and to send the worker a reminder at least 4 weeks before the check is due. Employers who allow List B leave to expire without a follow-up check lose their statutory excuse retrospectively from the date the leave expired.
Civil Penalties and Criminal Liability
Employing illegal worker (first offence): up to 45,000 pounds per worker. Employing illegal worker (repeat offence): up to 60,000 pounds per worker. Criminal offence (knowingly employing): unlimited fine and/or up to 5 years imprisonment. Penalties were significantly increased from 2024. The previous cap of 20,000 pounds has been replaced with a tiered system based on employer size, nature of the breach, and previous compliance history. An employer with a statutory excuse (meaning they carried out the correct check and retained the records) has a complete defence against civil penalty.
Frequently Asked Questions
Do I need to check a British employee's right to work?
Yes. The law requires checks for all workers. A UK or Irish passport, or a birth certificate plus National Insurance number, satisfies the requirement for British workers.
What if a worker provides a fake document?
Provided the employer carried out all required checks and the forgery was sophisticated enough to deceive a reasonable person, the employer has a statutory excuse. Employers who accept obviously false documents receive no protection.
Can I check a worker's right to work after they have started?
No. Checks must be completed before the first day of employment. A check conducted after the start date does not create a statutory excuse for the prior period.
What happens if the online check service is down on a worker's start date?
Contact the Employer Checking Service by phone. A Positive Verification Notice provides a six-month statutory excuse during which the worker can begin employment.
How long must right to work records be kept?
Records must be retained for the duration of the employment plus two years after employment ends. Electronic storage is acceptable provided records are retrievable and clearly linked to the individual employee.
How We Verified This Article
This article draws on the Immigration, Asylum and Nationality Act 2006, Home Office right to work employer guidance (2024 edition), EHRC guidance on avoiding discriminatory checks, and published Home Office civil penalty documentation current as of May 2026.
