- Every UK employer must check that staff have the right to work in the UK before employment commences; the check is mandatory under the Immigration, Asylum and Nationality Act 2006.
- The eVisa transition completed in December 2025 means most right to work checks are now online via the share code system at gov.uk/view-prove-immigration-status.
- Manual document checks remain for British and Irish passport holders; the Employer Checking Service is used where digital evidence is unavailable.
- A correct right to work check creates a statutory excuse against the civil penalty for employing illegal workers; the penalty can be up to 60,000 pounds per illegal worker on subsequent offences.
- Follow-up checks are required before time-limited leave expires; failure to complete follow-up checks loses the statutory excuse for the period after expiry.
Last reviewed: 14 May 2026 | Chandraketu Tripathi, finance editor
Right to work compliance is a legal duty on every UK employer, not only on sponsors of international workers. The Immigration, Asylum and Nationality Act 2006 in section 15 makes it a civil offence to employ a person who does not have the right to do the work in question, with civil penalties of up to 60,000 pounds per illegal worker on subsequent offences. The Act in section 21 creates a parallel criminal offence for employers who knowingly employ illegal workers, with penalties of up to 5 years imprisonment and unlimited fines. The defence against the civil penalty is the statutory excuse: an employer who completes the prescribed right to work check before employment commences and at any required follow-up has the statutory excuse and is not liable for the civil penalty even if the worker is subsequently found not to have had the right to work. The eVisa transition completed at the end of 2025 has shifted most right to work checks from physical documents to online verification through the share code system. This page is the 2026 guide to right to work compliance for employers: the legal duty, the check mechanics, the statutory excuse, the penalties, and the practical implementation.
What this means for UK visa applicants in 2026
Right to work checks apply to every UK employee, not only sponsored migrants. British citizens and Irish citizens have unrestricted right to work; settled persons with ILR have unrestricted right to work; persons with limited leave have the right to work subject to any conditions of the leave. The check is the employer's mechanism for verifying which category the new employee falls into.
The dominant check mechanisms in 2026:
Online check via the share code system. For most non-British, non-Irish workers (including those with limited leave, ILR, EUSS status, Frontier Worker status, and others), the check is conducted online. The worker generates a share code from their UKVI account at gov.uk/view-prove-immigration-status; the employer enters the share code at the corresponding employer page; the system displays the worker's current immigration status, conditions of work, and any time limit.
Manual passport check for British and Irish nationals. For workers presenting a British or Irish passport (or, for British citizens, a current valid British passport or other prescribed identity document), the check is conducted by examining the physical document and recording the details. This remains a manual check; the eVisa transition does not apply to British and Irish nationals.
The Employer Checking Service. Used where the worker's status cannot be verified online or by passport check, for example where the eVisa records are pending update or where the worker holds outstanding application status. The employer submits an enquiry to UKVI's Employer Checking Service and receives a positive verification notice that supports the statutory excuse.
The 2026 reform context: the eVisa transition has substantively completed; existing BRP holders had their leave migrated to digital records in 2025. The share code system is the primary check mechanism for non-British and non-Irish workers. The civil penalty structure was strengthened in recent years; the current penalties are up to 45,000 pounds per illegal worker on a first offence and up to 60,000 pounds on subsequent offences.
For employers, the check is a recurring HR responsibility. Every new employee triggers a check; many employees on time-limited leave trigger follow-up checks before leave expires.
How it works: the 2026 process
The right to work check process is structured around three steps, all of which must be completed before the employee commences work.
Step one: obtain the relevant evidence. For online checks, the employee provides a share code generated from their UKVI account. For manual checks (British and Irish nationals), the employee presents a prescribed identity document (typically a current passport).
Step two: verify the evidence. For online checks, the employer enters the share code at the gov.uk employer verification page along with the employee's date of birth. The system returns the verification result showing the employee's status, conditions, and any time limit. For manual checks, the employer examines the document, verifies that the photograph matches the employee, that the document is current, that it has not been tampered with, and that the details match what the employee has provided.
Step three: record the check. The employer must retain a clear copy of the evidence (a screenshot or PDF of the online verification, or a copy of the relevant document pages for manual checks) along with the date the check was completed. The records must be retained for the duration of the employment plus 2 years.
For employees with time-limited leave (Skilled Worker, Student, Family Visa partner on the 5-year route, Graduate, others), the initial check produces a follow-up date corresponding to the leave expiry. The employer must complete a follow-up check before that date to retain the statutory excuse for the period after.
The check timing is critical: the check must be completed before the employment commences. A check completed after the employment starts does not provide a statutory excuse for the period of employment before the check.
The check applies to every employee, regardless of nationality or perceived immigration status. Selective checking (only checking workers who appear foreign) is unlawful discrimination under the Equality Act 2010 and does not provide a statutory excuse against the civil penalty.
The check mechanics in detail
The online share code system is the dominant check mechanism in 2026.
The employee generates the share code at gov.uk/view-prove-immigration-status by logging into their UKVI account, selecting the purpose (for employment), and producing a code. The code is typically valid for a defined period (around 30 days).
The employer enters the share code at the employer verification page at gov.uk/view-right-to-work along with the employee's date of birth. The system returns the verification result.
The verification result shows: the employee's name and date of birth; the photograph; the current immigration status (settled, with limited leave, etc.); the conditions of work (no restrictions, restricted to specific sponsored employment, restricted to certain hours, etc.); the time limit on the leave (where applicable).
The employer reviews the result, confirms the employment is consistent with the conditions (no work restriction violations), and saves the verification record. The retention requirement is the employment duration plus 2 years.
The manual check for British and Irish nationals follows a similar structure but operates on physical documents.
The employee presents the prescribed document (typically a current British or Irish passport). The employer examines the document, verifies the photograph matches the employee, verifies the document is genuine and current, and records the details.
The employer takes a clear copy of the relevant pages (the bio page of the passport showing photograph, name, date of birth, and document number) and stores it securely. The retention requirement is the employment duration plus 2 years.
The Employer Checking Service handles cases where neither the online check nor the manual check produces a clear verification: pending eVisa updates after a recent application; outstanding leave applications; certain refugee or asylum-related statuses; specific cases of identity discrepancy. The ECS request is made online at gov.uk; the response is typically received within 5 working days.
The statutory excuse and the penalties
The statutory excuse is the defence against the civil penalty for employing an illegal worker. An employer who has completed the prescribed right to work check before employment commences and at any required follow-up has the excuse and is not liable for the penalty even if the worker is subsequently found not to have had the right to work.
The statutory excuse has specific requirements:
The check was completed before employment commenced.
The prescribed method was used (online share code, manual passport check, ECS notice).
The evidence was verified properly (photograph matches employee, document is current and genuine, conditions are consistent with the employment).
The record is retained for the duration of the employment plus 2 years.
Where required, the follow-up check was completed before time-limited leave expired.
An incorrectly conducted check (where the photograph was not verified against the employee, where the document was not current, where the conditions of leave were inconsistent with the work being offered) does not provide the statutory excuse.
The civil penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 are substantial:
First offence: up to 45,000 pounds per illegal worker, payable to the Home Office. The penalty is calculated based on a published framework that considers the employer's compliance history, the cooperation with the investigation, and the worker-protection record.
Subsequent offences (where the employer has previously been penalised within 3 years): up to 60,000 pounds per illegal worker.
The criminal offence under section 21 applies where the employer knowingly employs an illegal worker: penalty up to 5 years imprisonment and an unlimited fine.
The civil and criminal frameworks are separate. An employer with a valid statutory excuse defeats the civil penalty; the criminal offence applies to knowing employment of illegal workers regardless of the statutory excuse for the civil framework.
Costs, timelines and what to expect
The cost of completing right to work checks is the employer's HR time. The online share code system is free; the manual document check is free; the Employer Checking Service is free. There is no per-check fee from UKVI.
The cost of internal compliance systems for right to work checks: documented procedures, training for HR staff, periodic internal audits. Indicative cost: a small business can handle right to work within standard HR; a medium business may have dedicated compliance staff; a large business has a substantial compliance function.
The cost of professional indemnity insurance for right to work compliance is part of the employer's broader liability insurance; specific coverage varies.
The cost of getting compliance wrong is substantial: civil penalties up to 60,000 pounds per illegal worker on subsequent offences; criminal penalties up to 5 years imprisonment for knowing employment of illegal workers; reputational damage; impact on sponsor licence holders (compliance breaches can affect sponsor rating).
The timeline for the check is a few minutes per employee for the online check and a few minutes for the manual check. The Employer Checking Service response is typically within 5 working days.
The timeline for follow-up checks aligns with the worker's leave expiry. Employers with sponsored workforces typically have an HR system that tracks leave expiries and triggers the follow-up check at the right time.
The cost of getting it wrong is asymmetric. The check itself is cheap and fast; the consequences of skipping or mishandling it can be substantial.
Worked example: A retail business handling right to work for a new hire
Consider Northgate Retail, a UK retail chain with 80 store-based employees. Northgate hires a new sales assistant, Aaliyah, in 2026. Aaliyah is a 25-year-old Pakistani national on a Spouse Visa partner of a British citizen.
Northgate's right to work check sequence:
Aaliyah provides her share code generated from her UKVI account at gov.uk/view-prove-immigration-status. The share code is purpose-marked for employment.
Northgate's HR Manager enters the share code at gov.uk/view-right-to-work along with Aaliyah's date of birth. The system returns the verification: Aaliyah has Spouse Visa partner leave valid until October 2027 with conditions allowing most work (no work restrictions on the partner route).
The HR Manager verifies the photograph matches Aaliyah in person, confirms the conditions are consistent with the sales assistant role, and saves a PDF of the verification result. The PDF is filed in Aaliyah's employee record.
The check is recorded with the date completed and the next required follow-up (before October 2027). Northgate's HR system flags the follow-up date.
Aaliyah commences employment as the sales assistant. Northgate has the statutory excuse for the employment.
The follow-up: in September 2027, Northgate's HR system flags the upcoming leave expiry. Aaliyah is applying for FLR(M) extension; she provides her share code generated for the next 30-day window. Northgate completes the follow-up check before the October expiry. The verification confirms Aaliyah has applied for extension in time and section 3C protection is in place; the conditions continue under the existing partner route. Northgate retains the statutory excuse.
The lesson: right to work checks are mechanical but consequential. Northgate's compliance discipline (online check before employment, retention of records, scheduled follow-up before leave expiry) preserves the statutory excuse throughout Aaliyah's employment.
Getting regulated help: OISC, IAA and SRA advisers
Right to work compliance is typically handled internally by the employer's HR function. The check mechanics are not particularly complex once the procedures are established.
Where adviser support is useful:
Setting up the compliance procedures initially: documented checks, training for HR, integration with payroll and HR systems. A specialist consultant (HR or immigration-specialist) can advise on the framework.
Responding to a civil penalty notice: where UKVI has issued a notice alleging illegal worker employment, the employer can challenge the penalty through the published process. This is firmly Level 2 OISC or SRA-solicitor ground.
Responding to a criminal investigation under section 21: where the employer is investigated for knowing employment of illegal workers, SRA-solicitor advice (criminal defence with immigration specialism) is essential.
Integrating right to work compliance with sponsor compliance: for sponsors of international workers, the two frameworks operate in parallel and require coordinated HR procedures. Specialist adviser support can help integrate.
Verify any adviser's current authorisation on the OISC register at oisc.gov.uk/register or the SRA register at sra.org.uk/consumers/register.
Anyone giving UK immigration advice for a fee must be regulated. Before instructing an adviser, run these four checks:
- Confirm the adviser or firm appears on the Immigration Advice Authority register, formerly the OISC register, at iaa.gov.uk, or is an SRA-authorised solicitor at sra.org.uk.
- Check the registered level. Level 1 covers straightforward applications, Level 2 covers complex casework and refusals, Level 3 covers tribunal advocacy.
- Ask for the adviser registration number and verify it matches the name and firm shown on the public register.
- Get the fee quote and the scope of work in writing before any payment, and confirm what happens if the application is refused.
Are you a regulated adviser? Kaeltripton works with a limited number of partners per topic. Partner with Kaeltripton →
Common mistakes and how to avoid them
The first avoidable error is selective checking (only checking workers who appear foreign). This is unlawful discrimination under the Equality Act 2010 and does not provide the statutory excuse. The fix is to check every new employee regardless of nationality.
The second is completing the check after employment starts. The statutory excuse requires the check before employment commences. A check completed on day 2 of employment does not protect against penalty for day 1 (and is procedurally a problem). The fix is to complete the check as part of the pre-employment process.
The third is missing the follow-up check before time-limited leave expires. The statutory excuse for the period after the original leave's expiry depends on the follow-up check being completed in time. The fix is to operationalise the follow-up tracking in the HR system.
The fourth is failing to retain records for the required period. The retention requirement is the employment duration plus 2 years. Records destroyed earlier or lost can undermine the statutory excuse if a penalty is later asserted. The fix is to retain records securely in the HR file or in a dedicated compliance archive.
The fifth is over-reliance on the share code system without verifying the photograph. The online check confirms the immigration status but the employer must still verify that the person presenting the share code is the person whose status is being verified. The fix is to verify the photograph against the employee in person.
The sixth is failing to use the Employer Checking Service where required. Where neither the online check nor the manual check produces clear verification, the ECS is the route. Not using it leaves the employer without a statutory excuse. The fix is to recognise the cases that require the ECS and to make the request promptly.
How Kaeltripton verified this article
The right to work compliance framework described here is drawn from the Immigration, Asylum and Nationality Act 2006 (sections 15 and 21) as published on legislation.gov.uk, the published Home Office guidance on right to work checks for employers (the most recent version on gov.uk), the eVisa transition guidance, the published civil penalty framework, and the Employer Checking Service guidance. The civil penalty levels (up to 45,000 pounds on first offence; up to 60,000 pounds on subsequent offences) are taken from the current published framework. The criminal offence under section 21 (up to 5 years imprisonment) is from the Act. The Equality Act 2010 reference for selective checking discrimination is from legislation.gov.uk. The OISC tier framework is from the Immigration Advice Authority's Code of Standards.
No statutory provision, penalty level or procedural step on this page has been invented. Where the precise current detail matters, the article points readers to gov.uk.
Every UK visa application is made through GOV.UK. Kaeltripton is an editorial publisher, not a government service. Use the official pages below to apply, pay and track:
- Apply for a UK visa: gov.uk/browse/visas-immigration
- Check current fees and the Immigration Health Surcharge: gov.uk/visa-fees
- View and prove your immigration status: gov.uk/view-prove-immigration-status
Regulated immigration firms can reach UK visa applicants on this page. See the Kaeltripton Partner Programme →
| Editorial note: Kaeltripton.com is an independent editorial publisher and is not regulated by the Office of the Immigration Services Commissioner (OISC). This article is for informational purposes only and does not constitute regulated immigration advice. UK immigration rules, fees and processing times change without notice. Always verify current requirements directly on GOV.UK or with an OISC-registered adviser or SRA-authorised solicitor before making decisions on your personal circumstances. |
Frequently asked questions
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Which UK employers must conduct right to work checks?
Every UK employer must check the right to work of every employee before employment commences. The duty applies regardless of the employer's size, sector or whether they hold a sponsor licence. The duty is to all employees, not only sponsored migrants; British and Irish citizens are subject to the manual document check; non-British and non-Irish workers are subject to the online share code check or the Employer Checking Service.
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How are right to work checks conducted in 2026?
For most non-British and non-Irish workers, online via the share code system at gov.uk/view-prove-immigration-status (worker generates the code) and gov.uk/view-right-to-work (employer verifies). For British and Irish nationals, manually by examining a current valid passport or other prescribed document. The Employer Checking Service handles cases where neither route produces clear verification.
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What are the penalties for employing an illegal worker in 2026?
Civil penalties under section 15 of the Immigration, Asylum and Nationality Act 2006 are up to 45,000 pounds per illegal worker on a first offence and up to 60,000 pounds on subsequent offences. Criminal penalties under section 21 for knowingly employing an illegal worker are up to 5 years imprisonment and unlimited fines. The statutory excuse defence against the civil penalty applies where the prescribed right to work check has been correctly completed.
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What is the statutory excuse for right to work?
An employer who has completed the prescribed right to work check before employment commenced (and at any required follow-up before time-limited leave expires) has the statutory excuse against the civil penalty under section 15 of the 2006 Act. The excuse applies even if the worker is subsequently found not to have had the right to work, provided the check was correctly conducted and recorded.
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Do I need to do follow-up right to work checks?
Yes, for employees with time-limited leave. The initial check produces a follow-up date corresponding to the leave expiry. The employer must complete a follow-up check before that date to retain the statutory excuse for the period after the original leave's expiry. For employees with no time-limited leave (British citizens, Irish citizens, ILR holders), no follow-up is required.
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How long must I keep right to work check records?
The duration of the employee's employment plus 2 years after employment ends. Records should be retained securely (in HR files or a dedicated compliance archive). The records must be in a form that allows the employer to demonstrate the check was correctly conducted: a clear copy of the online verification result or the manual document examination.
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Sources
- legislation.gov.uk - Immigration, Asylum and Nationality Act 2006, section 15
- legislation.gov.uk - Immigration, Asylum and Nationality Act 2006, section 21
- GOV.UK - Right to work checks: employer guide
- GOV.UK - Check a job applicant's right to work
- GOV.UK - Employer Checking Service
- GOV.UK - View and prove your immigration status
- Immigration Advice Authority - Immigration Advice Authority (formerly OISC)
