Right to Work Verification: UK Employer's Step-by-Step Guide 2026

In February 2024, the UK government tripled the maximum civil penalty for employing an illegal worker. Most employers still think the fine is £20,000. It is not. The figure is now up to £45,000 for a first offence and up to £60,000 for a repeat breach — per worker. An employer found with just three illegal workers on a repeat offence faces potential liability of £180,000 before legal costs, reputational damage, or possible criminal prosecution are factored in.

The defence against this is specific and procedural: a statutory excuse. If you conduct the right to work verification correctly, in the right way, at the right time, and keep the right records, you are protected — even if the worker later turns out to have been working illegally. If you skip any step, use the wrong method, or fail to follow up on time-limited permissions, you have no defence and the penalty applies in full.

This guide covers every aspect of the right to work verification process for UK employers in 2026: the legal obligation, all three accepted verification methods, the exact documents you need to check, the step-by-step manual check procedure, follow-up requirements for time-limited workers, how digital checks work after the end of COVID-19 adjusted measures, the full penalty regime, how to avoid discrimination claims, and the record-keeping rules that hold the entire system together.

The Legal Obligation: Where It Comes From and What It Requires

The employer’s duty to prevent illegal working is established by the Immigration, Asylum and Nationality Act 2006 (IANA 2006), specifically sections 15 to 25. This legislation was substantially amended by the Immigration Act 2014 and the Immigration Act 2016, which expanded enforcement powers and increased penalty levels.

Under section 15 of IANA 2006, an employer is liable for a civil penalty if they employ a person who does not have the right to work in the UK, or who is working in breach of the conditions of their permission (for example, working more hours than their visa permits, or working in a prohibited job type).

The obligation has four components:

1. Check before employment begins. The right to work check must be completed before the first day of paid employment. A check conducted after employment starts does not provide a statutory excuse, even if the worker does have the right to work.
2. Use an accepted method. Only three verification methods are recognised: manual document check, Identity Document Validation Technology (IDVT) via a certified provider, or the Home Office Online Right to Work Checking Service. No other method — including informal document inspection or verbal confirmation — provides a statutory excuse.
3. Retain records. Copies of documents or evidence of online checks must be retained for the duration of employment and for two years after employment ends.
4. Follow up on time-limited permissions. If the worker has time-limited right to work (List B documents), a follow-up check must be conducted before the permission expires. Failure to follow up means the statutory excuse lapses from the date of expiry.

For a broader view of how right to work fits into UK employment law obligations during hiring, see our UK employment law hiring guide.

The Statutory Excuse: Why It Matters More Than You Think

The statutory excuse is the single most important concept in right to work compliance. It works as a strict liability defence: if you have it, you are not liable for the civil penalty. If you do not have it, you are liable regardless of your intentions, your good faith, or your ignorance of the worker’s immigration status.

This means that an employer who genuinely believed a worker had the right to work, who acted in good faith, and who had no reason to suspect illegal working, will still face the full civil penalty if they did not conduct the check in the prescribed manner.

The statutory excuse is established by completing all of the following:

• Conducting a right to work check using one of the three accepted methods
• Completing the check before the person starts employment
• Following the prescribed steps for the chosen method (obtain, check, copy, record)
• Retaining the prescribed records for the required duration
• Conducting follow-up checks at the correct time for List B workers

The statutory excuse is not automatic. It must be actively established through compliance with the Home Office right to work checklist. A partial check — for example, seeing documents but not copying them, or checking documents after employment has started — does not provide a statutory excuse.

The Three Accepted Right to Work Verification Methods

The Home Office employer guidance on right to work checks specifies three — and only three — methods that provide a statutory excuse. Each method is suited to different types of workers and circumstances.

You cannot mix methods for the same check. If a worker is eligible for the Online Checking Service (for example, they hold EU Settled Status), you should use the online service rather than attempting a manual document check with their EU passport, which would not provide a statutory excuse for that category of worker.

For more on how these methods compare in practice, our right to work checks UK guide covers the detailed requirements of each approach.

List A vs. List B Documents: What You Need to Know

The Home Office categorises acceptable right to work documents into two lists. Understanding the distinction is critical because it determines whether you need to conduct follow-up checks.

List A — Permanent Right to Work

A person who produces a document from List A has an ongoing, unrestricted right to work in the UK. A single compliant check at the start of employment provides a continuous statutory excuse for the entire duration of their employment. No follow-up check is required.

List A documents include:

• A current or expired UK passport (note: for new hires, only current passports are accepted for manual checks)
• A current passport showing the holder is a British citizen or has the right of abode in the UK
• A UK birth or adoption certificate, combined with an official document showing the holder’s permanent National Insurance number (e.g., P45, P60, or NI card)
• A certificate of naturalisation as a British citizen, combined with official NI number evidence
• A certificate of registration as a British citizen, combined with official NI number evidence
• An online check via the Home Office service confirming indefinite leave to enter or remain (Settled Status)

List B — Time-Limited Right to Work

A person who produces a document from List B has a time-limited right to work. The initial check provides a statutory excuse only until the permission expires. The employer must conduct a follow-up check before the expiry date to maintain the statutory excuse.

List B is divided into two groups:

List B Group 1 — documents with a specific expiry date:

• A current passport endorsed with a visa permitting work in the UK (e.g., Skilled Worker visa, Health and Care Worker visa)
• A Biometric Residence Permit (BRP) showing limited leave to remain with permission to work
• An online check confirming pre-settled status under the EU Settlement Scheme
• A current frontier worker permit

List B Group 2 — documents verified through the Employer Checking Service:

• A Positive Verification Notice from the Home Office Employer Checking Service, confirming that the named person has an outstanding immigration application or appeal and permission to work
• The statutory excuse provided by a Positive Verification Notice lasts for six months from the date of the notice

Step-by-Step: The Manual Document Check Process

The manual document check is the most commonly used verification method. It requires physical, in-person examination of original documents. The Home Office prescribes four steps, all of which must be completed to establish a statutory excuse.

Step 1: Obtain the Original Documents

Ask the worker to provide original documents from either List A or List B. You cannot accept copies, scans, or photographs of documents at this stage — the originals must be presented. The worker chooses which acceptable documents to present; you cannot specify which document they must produce, as doing so could constitute discrimination.

Key rules for this step:

• Accept original documents only — no photocopies, printouts, or digital images
• Do not request specific documents by nationality. Ask all candidates to provide “a document from List A or List B” without specifying which one
• If the worker cannot provide any document from either list, they cannot establish right to work through a manual check. Consider whether the Home Office Online Checking Service is appropriate instead

Step 2: Check the Documents in the Presence of the Holder

Examine each document with the holder present. This must be done in person — video calls are not accepted for manual checks (the COVID-19 temporary concession for video checks ended on 30 September 2022).

During the examination, verify the following:

• Photographs: Confirm the photograph matches the appearance of the person presenting the document
• Date of birth: Check that the date of birth is consistent across all documents and is consistent with the appearance of the holder
• Expiry dates: Confirm the document has not expired (for documents that have an expiry date). Note that expired UK passports are accepted for existing right to work holders but not for new verification
• Endorsements and stamps: Check any visa endorsements or stamps to confirm permission to work in the UK, including any restrictions on the type or hours of work permitted
• Document integrity: Look for signs of tampering, damage, or alteration. Check that lamination is intact, that there are no inconsistencies in the print quality, and that the document feels authentic
• Consistency: Where two documents are presented together (e.g., birth certificate plus NI evidence), check that the names match and are consistent
• Spelling and formatting: If the name on the document differs from the name given by the applicant (e.g., due to marriage), request evidence explaining the discrepancy (marriage certificate, deed poll, etc.)

Step 3: Make and Retain a Clear Copy

Make a clear copy of the relevant pages of each document. For passports, this means:

• The front cover
• The page containing the holder’s photograph, nationality, date of birth, signature, and passport expiry date
• Any page containing a UK visa endorsement or stamp permitting work
• Any page containing a UK entry stamp

For other documents (birth certificates, NI cards, BRPs), copy both sides of the document.

Copies can be physical photocopies or electronic scans. If scanned, the image must be clear enough to read all text and examine the photograph. Store copies securely in compliance with GDPR — for guidance on this, see our article on GDPR recruitment compliance in the UK.

Step 4: Record the Date of the Check

Record the date on which you conducted the check. The Home Office recommends writing the date directly on the copy of the document (or recording it in the metadata of the electronic file). This date is critical because it establishes when the check was conducted — specifically, that it was completed before employment began.

Without a recorded date, you may be unable to demonstrate that the check was conducted before employment started, which would undermine your statutory excuse.

IDVT: Digital Right to Work Checks via Identity Service Providers

Since 6 April 2022, employers have been able to use certified Identity Service Providers (IDSPs) to conduct right to work checks digitally. This is the IDVT (Identity Document Validation Technology) method.

Who is eligible for IDVT checks?

IDVT checks are available only for British and Irish citizens who hold a valid (not expired) passport. They are not available for:

• Non-British/non-Irish nationals, regardless of their immigration status
• British or Irish citizens with expired passports
• British or Irish citizens who do not hold a passport (e.g., those relying on a birth certificate)

How IDVT works

The process is typically as follows:

1. The employer initiates the check through their chosen certified IDSP
2. The IDSP sends a link to the individual
3. The individual scans their passport using their smartphone (reading the NFC chip in the passport)
4. The IDSP performs a biometric comparison (matching a live selfie to the passport photograph)
5. The IDSP validates the passport data against government records
6. The employer receives a verification result confirming right to work status

The entire process typically completes within minutes and does not require any in-person interaction. This makes IDVT particularly valuable for employers hiring remotely.

IDSP certification

Only Home Office-certified IDSPs can conduct checks that provide a statutory excuse. The current list of certified providers is published on GOV.UK. Using a non-certified provider does not provide a statutory excuse, even if the technology and process are identical.

The cost per check varies between £5 and £15 depending on the provider, with volume discounts typically available.

The Home Office Online Right to Work Checking Service

The Home Office Online Checking Service is used for workers whose right to work status is recorded digitally rather than evidenced by a physical document. Since 2025, this covers an increasing proportion of the UK workforce as physical Biometric Residence Permits are replaced by eVisas.

Who must use the Online Checking Service?

The online service is used for individuals who hold:

• An eVisa (replacing physical BRPs for most visa categories from 2025)
• EU Settlement Scheme status (Settled or Pre-Settled)
• A Biometric Residence Permit (while physical BRPs are still in circulation)
• A frontier worker permit
• Status under the Hong Kong BN(O) visa scheme

The share code process

1. The individual logs in to the Home Office “Prove your right to work” service
2. They generate a share code — a 9-character alphanumeric code valid for 90 days
3. They provide the share code and their date of birth to the employer
4. The employer enters both at the employer section of the right to work checking service
5. The system displays the individual’s name, photograph, right to work status, and any restrictions or expiry dates
6. The employer checks the photograph against the individual (this can be done remotely via video call for online checks)
7. The employer saves or prints a copy of the online check result

The share code must be provided by the individual — you cannot generate it on their behalf or access their immigration record directly.

Follow-Up Checks for Time-Limited Workers

For workers whose right to work is time-limited (List B documents), the initial check is not sufficient on its own. The employer must conduct a follow-up check before the permission expires to maintain the statutory excuse.

When to conduct a follow-up check

The timing depends on the type of document or status:

• List B Group 1 documents (visa with expiry date, BRP with limited leave, pre-settled status): Conduct the follow-up check before the expiry date shown on the document or online check result
• List B Group 2 documents (Positive Verification Notice from Employer Checking Service): Conduct the follow-up check before the six-month anniversary of the notice date

What the follow-up check involves

The follow-up check follows the same process as the initial check. The worker must present updated documentation or provide a new share code. You must complete the same verification steps and retain the same records.

If the worker’s permission has been extended, the follow-up check will confirm the new expiry date, and the statutory excuse continues until that new date.

If the worker has applied for an extension but the decision is pending (Section 3C leave), you should use the Employer Checking Service to request a Positive Verification Notice confirming that the person’s right to work continues while the application is outstanding.

What happens if you miss the follow-up

If you do not conduct a follow-up check before the expiry date, your statutory excuse lapses from the date of expiry. From that date onwards, you are liable for the civil penalty if the worker is found to be working illegally. The fact that you conducted a compliant initial check provides no protection after the expiry date has passed without a follow-up.

This is the scenario responsible for the largest share of right to work penalties in practice. Our guide to right to work checks with ATS integration in 2026 explains how automated expiry tracking eliminates this risk.

Digital Right to Work Checks After COVID-19

During the COVID-19 pandemic, the Home Office introduced temporary “adjusted checks” that allowed employers to verify documents via video call and accept scanned copies rather than originals. These measures ended on 30 September 2022.

The current position is:

• Manual document checks: Must be conducted in person with original documents. Video calls are not accepted
• IDVT checks: Fully digital, no in-person element required. Available for British and Irish passport holders only
• Online Checking Service: Fully digital. The photograph comparison can be done via video call
• Retrospective checks: Employers who conducted adjusted checks during the COVID-19 period were required to conduct retrospective in-person checks by a specified deadline. If your organisation did not complete retrospective checks, the statutory excuse established through adjusted checks may have lapsed

The end of adjusted checks means that employers hiring British or Irish nationals remotely must use an IDVT provider if they want to avoid requiring the candidate to attend in person. For all other nationalities, the online checking service (which does not require in-person attendance) is the remote-friendly option.

Penalties for Non-Compliance: The Full Picture

The penalty regime was significantly strengthened on 13 February 2024, with maximum civil penalties tripling across the board. Understanding the penalty structure helps quantify the business risk of non-compliance.

Civil penalties

Penalty amounts may be reduced where the employer co-operates with the investigation, reports the suspected illegal working, and can demonstrate otherwise compliant processes. However, no reduction removes the penalty entirely — the only complete defence is a valid statutory excuse.

Criminal prosecution

Under section 21 of the Immigration, Asylum and Nationality Act 2006, an employer who knowingly employs a person without the right to work commits a criminal offence. The maximum penalties are:

• Up to five years’ imprisonment
• An unlimited fine
• Both imprisonment and fine

Criminal prosecution is increasingly pursued against individual directors and HR managers, not just the company as an entity. The Crown Prosecution Service has indicated that director-level prosecution is a priority for repeat offenders and cases involving organised exploitation.

Additional consequences

• Sponsorship licence revocation: Employers holding a Skilled Worker or other sponsorship licence face licence suspension or revocation. Loss of a sponsorship licence means all sponsored workers must leave their roles, creating severe operational disruption
• Public naming: Employers receiving civil penalties are published on the Home Office public register of civil penalty recipients, which is freely searchable. This creates lasting reputational damage beyond the financial penalty
• Business rates multiplier: Premises where illegal working is discovered may be subject to increased business rates
• Closure notices: In serious cases, the Home Office can issue closure notices requiring premises to cease trading for up to 48 hours

Avoiding Discrimination During Right to Work Checks

The legal obligation to check right to work must be balanced against the legal prohibition on discrimination under the Equality Act 2010. Employers who apply right to work checks inconsistently or make assumptions based on nationality, ethnicity, or appearance risk discrimination claims.

Rules to follow

• Check everyone equally. Conduct right to work checks for all prospective employees at the same point in the hiring process. Do not check some candidates earlier or more rigorously than others based on how they look, where they are from, or how their name sounds
• Do not specify documents by nationality. Ask all candidates to provide “a document or documents from the Home Office acceptable documents list.” Do not ask specific nationalities to provide specific documents
• Do not make assumptions. A British citizen may not look, sound, or have a name that you associate with being British. A person with a foreign-sounding name may have a UK passport. Check the documents, not your assumptions
• Accept any valid combination. If a worker presents valid documents from the acceptable list, you must accept them. You cannot insist on a passport if the worker presents a birth certificate with NI evidence, for example
• Do not treat EU nationals differently. Since Brexit, EU nationals require immigration permission to work in the UK (unless they have Settled or Pre-Settled Status). However, checking EU nationals more aggressively than other nationalities, or refusing to hire them because of perceived immigration complexity, constitutes discrimination

For more on how screening questions can be applied fairly and legally at the application stage, see our guide to auto-reject right to work screening.

Record Retention Requirements

Record retention is the final element of a valid statutory excuse, and one that is frequently neglected. Without proper records, you cannot demonstrate that a check was conducted, which method was used, or when it took place.

What to retain

• Manual document checks: Clear copies of the relevant pages of each document checked (both sides where applicable), with the date of the check recorded on the copy or in associated metadata
• IDVT checks: The verification result from the certified IDSP, including the date of the check and the identity of the individual verified
• Online Checking Service: A screenshot, printout, or PDF of the online check result page, showing the individual’s name, photograph, right to work status, any restrictions, and any expiry date. The date of access should be recorded

How long to retain

Records must be retained for the duration of employment plus two years after employment ends. This applies to all types of records (document copies, online check results, and notes of the check process).

After the two-year post-employment period, records should be securely destroyed in accordance with your data retention policy and GDPR obligations. The immigration law requirement provides a lawful basis under GDPR for retaining these records beyond the employment period, but the two-year post-employment limit is the maximum justified retention period for right to work records. For a full discussion of data retention in the recruitment context, see our GDPR recruitment compliance guide.

Format and security

Records can be held in any format that allows them to be retrieved and produced for inspection. Electronic storage is acceptable and generally preferred for security and retrieval efficiency. Whichever format you use, ensure:

• Records are stored securely with access limited to authorised personnel
• Document copies are legible and complete
• Records can be located and produced quickly if required by a Home Office inspection
• A clear audit trail exists showing when the check was conducted and by whom

Common Mistakes Employers Make

The following errors result in the loss of the statutory excuse. Each has been identified in Home Office enforcement actions and published guidance.

1. Checking after employment starts. The check must be completed before the first day of paid employment. Even one day late invalidates the statutory excuse entirely. If a start date is brought forward, the check must also be brought forward.
2. Accepting EU passports for EUSS nationals. EU, EEA, and Swiss nationals with Settled or Pre-Settled Status under the EU Settlement Scheme must be verified through the Online Checking Service using a share code. Their EU passport alone does not provide a statutory excuse. This is the single most common right to work error in the post-Brexit era.
3. Not copying documents. Examining original documents without making and retaining copies means no statutory excuse is established. The copy is the evidence that the check took place.
4. Missing List B follow-up checks. Failing to re-check before a time-limited permission expires causes the statutory excuse to lapse from the expiry date. No prior compliance history makes up for a missed follow-up.
5. Accepting photocopies or scans as originals. For manual document checks, only original documents satisfy the requirement. A scan, photograph, or photocopy of a passport is not an original document.
6. Not recording the check date. Without evidence of when the check was conducted, you cannot demonstrate it was completed before employment started. Always record the date on the document copy or in the associated file.
7. Discriminatory application of checks. Checking only certain candidates based on their appearance, name, or perceived nationality exposes the employer to discrimination claims and does not satisfy the requirement to check all employees.
8. Using non-certified IDSPs. An identity verification conducted by a provider that is not on the Home Office certified list does not provide a statutory excuse, regardless of the quality of the technology used.
9. Not checking work restrictions. Some visas restrict the type of work or hours permitted. Failing to check and comply with these restrictions means the person may be working in breach of their conditions, and the employer has no statutory excuse for that breach.
10. Relying on expired documents for new hires. While existing employees may present expired documents in certain circumstances, new hires must present current, valid documents for the manual check to provide a statutory excuse.

For a detailed walkthrough of how to integrate these checks into your applicant tracking system to eliminate these errors, see our guide to right to work verification with ATS integration.

Building Right to Work Verification Into Your Hiring Workflow

Right to work verification should not be a standalone compliance exercise bolted on to the end of the hiring process. When it is treated that way, steps get missed, checks get delayed past the start date, and follow-ups get forgotten.

The correct approach is to build each verification step into the hiring workflow at the appropriate stage:

Application stage:

• Include a right to work screening question on the application form. Candidates who cannot confirm they have the right to work in the UK are flagged before resources are invested in interviewing and assessing them
• Record the screening response in the candidate’s file for audit purposes

Offer / pre-boarding stage:

• Trigger the right to work check task when a conditional offer is made
• Assign the check to a specific team member with a deadline before the planned start date
• Send the candidate clear instructions on which documents to bring or how to generate a share code
• Track completion status in the system with escalation if not completed within the required timeframe

Day one:

• Confirm the check was completed before employment starts. If it was not, delay the start date — do not allow work to begin without a completed check
• Store the check records (document copies, online check results) in the employee’s permanent file

Ongoing (List B workers only):

• Record the permission expiry date at onboarding
• Set automated reminders at 90, 60, and 30 days before expiry
• Assign the follow-up check to HR with sufficient lead time
• If the follow-up reveals that permission has not been renewed and no extension application is pending, seek legal advice before terminating employment

Frequently Asked Questions

Right to work verification is one of the highest-stakes compliance obligations in UK employment. The penalties have never been higher, enforcement has never been more active, and the post-Brexit complexity of EU national verification has created new categories of error that did not exist five years ago. The employers who get this right are the ones who build verification into their hiring workflow as a structured, tracked, auditable process — not an afterthought delegated to whoever happens to be onboarding the new starter. Book a demo of Treegarden to see how automated right to work workflows, screening questions, and visa expiry tracking work in practice.