The Ultimate 2025 Guide to Right to Work Checks in the UK for Employers

Ensuring your employees have the right to work (RTW) in the UK is a legal obligation for all employers. Failure to conduct proper right to work checks or a right to work check online can result in severe penalties, including fines of up to £60,000 per illegal worker, a revoked sponsor licence, or even criminal prosecution. This comprehensive guide will walk you through everything you need to know about right to work checks UK, including how to check a share code right to work, comply with sponsor duties, and avoid common pitfalls.

Who Needs a Right to Work Check?

A right to work check is a legal requirement for all UK employers. Every business, regardless of size or sector, must complete a right to work check to confirm each employee’s legal right to work in the UK before employment begins.

It is critical for employers to prove the right to work of every individual they hire. Failing to conduct a right to work check can result in serious penalties.

As part of the recruitment process, right to work checks must be applied equally to all job applicants, regardless of nationality, race or ethnicity. Applying the right to work check selectively can lead to claims of unlawful discrimination.

The right to work check applies in the following situations:

• Permanent employees: All individuals employed on a permanent basis must pass a right to work check before starting their job. Employers must verify the right to work for every permanent hire.
   
• Part-time employees: Employers must also prove the right to work of part-time staff, regardless of the number of hours they work. Every part-time worker requires a right to work check.
   
• Temporary and seasonal workers: Every temporary employee and seasonal worker must undergo a right to work check. Employers must check the right to work even for short-term or project-based roles.
   
• Contractors, freelancers and gig workers: Even if workers are classified as independent contractors or freelancers, businesses must still check their right to work.
   
• Casual workers and zero-hours contracts: Individuals working under casual agreements or zero-hours contracts must undergo a right to work check. 
   
• Volunteers and unpaid interns: In some cases, a right to work check is also necessary for volunteers and interns, especially when there is a contractual obligation or an expectation of work similar to paid roles. Employers must prove the right to work even if no salary is paid.

Other specific cases when right to work checks must be conducted: 

• Student visa holders: International students often have restrictions on work hours during term time. Employers must complete a right to work check and understand the permitted working hours.
   
• EU, EEA, and Swiss citizens post-Brexit: These individuals are no longer automatically entitled to work in the UK. Employers must check the right to work by confirming their status under the EU Settlement Scheme or by reviewing their visa.
   
• Sponsored workers: For workers on a Skilled Worker visa or Global Business Mobility visa, employers must check the right to work, review their Certificate of Sponsorship, and confirm visa validity. 
   
• Family members of migrants (dependants): Family members who hold visas must have their right to work verified. 
   
• Asylum seekers and refugees: Asylum seekers may have restricted work rights and often need Home Office permission. Refugees granted asylum have the same right to work as UK citizens. Employers must check the right to work carefully, especially for asylum seekers with outstanding claims who may be limited to certain job roles.

When Should Right to Work Checks Be Conducted?

Employers must conduct right to work checks at specific stages to ensure compliance with UK right to work laws. These include:

Before Employment Begins

A right to work check must be completed before an employee starts working. This applies to all workers, including UK nationals, overseas nationals, and those on a work visa UK. Employers must check right to work and retain evidence of each employee right to work check.

Follow-Up Checks for Time-Limited Permissions

For employees with time-limited permission to work, such as those on a dependent visa UK or skilled worker visa, follow-up checks must be conducted before their permission expires.

Before Sponsor Licence Audits

If your business holds a sponsor visa UK, you may be subject to a home office interview or audit. Ensure all right to work checks UK are up-to-date and documented.

After Changes in Immigration Status

If an employee’s right to work status changes (e.g., they switch from a dependent visa UK to a skilled worker visa), you must conduct a new right to work check UK and update the employee's proof of right to work in UK.

How to Check Right to Work

According to the Home Office guidance on Right to Work checks, employers have several approved methods to perform a compliant right to work check for new and existing employees. Selecting the correct method ensures businesses meet their legal obligations and properly check the right to work of every individual.

• Manual Right to Work Checks

One option is to complete manual right to work checks, which require the employer to physically examine original documents presented by the employee. These documents confirm the individual’s legal right to work in the UK and must be verified in person.

• Digital Right to Work Checks

Alternatively, employers may use digital right to work checks, relying on Home Office-approved electronic verification system – Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP) to carry out digital identity checks for British and Irish citizens when the Home Office online service doesn’t apply.

IDSPs perform remote verification of both the individual’s identity and their documents on behalf of the employer. However, to maintain a statutory defence against civil penalties, employers must strictly adhere to the official guidance on conducting digital Right to Work checks.

• Online Right to Work Checks

Another common method is conducting an online right to work check using a share code. In this case, the employee provides a share code along with their date of birth. The employer then uses the Home Office online service to check right to work share code details and confirm eligibility. This approach is often used for individuals who hold digital immigration status.

• Home Office Employer Checking Service

If none of the above methods are possible — for example, if the worker’s documents are held by the Home Office or the individual is awaiting the outcome of an immigration appeal — employers must use the Home Office Employer Checking Service. This allows businesses to request formal confirmation of the worker’s right to work directly from the Home Office.

The type of right to work check an employer can carry out depends on various factors, including the employee’s nationality and the type of immigration status they hold. However, employers must not dictate how a worker proves their legal right to work, as individuals may have multiple ways to provide evidence of their status.

Document Checklist for Manual Right to Work Checks

As part of conducting a manual right to work check, employers must first obtain acceptable documents from employees. This process is essential to prove the right to work and comply with Home Office requirements for verifying an individual’s legal right to work in the UK.

The following documents are acceptable for a manual right to work check:

List A (British Citizens and UK Settled Persons)

The following documents confirm an individual has no restrictions on their right to work in the UK:

• A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies with the right of abode in the UK.
• A passport or passport card (current or expired) confirming the holder is an Irish citizen.
• A document from Jersey, Guernsey, or the Isle of Man, verified by the Home Office Employer Checking Service, confirming unlimited leave to enter or remain.
• A current passport endorsed to show the holder is exempt from immigration control, has indefinite leave to remain, or has no time limit on their stay.
• A valid Immigration Status Document issued by the Home Office showing indefinite leave to remain, accompanied by an official document with the individual’s permanent National Insurance number and name.
• A UK birth or adoption certificate, along with an official document confirming their permanent National Insurance number and name.
• A birth or adoption certificate issued in the Channel Islands, Isle of Man, or Ireland, also accompanied by an official National Insurance document.
• A certificate of registration or naturalisation as a British citizen together with an official document providing the person’s National Insurance number and name.

These documents confirm the holder’s legal right to work in the UK without restriction.

List B — Group 1 (Time-Limited Leave to Remain in the UK)

For individuals with a temporary right to work, the following documents are acceptable for a manual right to work check:

• A current passport endorsed to confirm the individual is allowed to stay and legally work in the UK.
• A document from Jersey, Guernsey, or the Isle of Man verified by the Home Office Employer Checking Service confirming limited leave to enter or remain.
• A valid Immigration Status Document containing a photo, showing permission to stay and work in the UK, plus an official National Insurance number document.

Employers must check the right to work before employment begins and monitor the expiry of any time-limited permissions.

List B — Group 2 (Time-Limited Leave Requiring Bi-Annual Follow-Up Checks)

When individuals have to undergo bi-annual follow-up checks, the current right to work documents are required: 

• A document from the Home Office confirming an application for leave under the EU Settlement Scheme (submitted before 30 June 2021) plus a Positive Verification Notice from the Home Office Employer Checking Service.
• A Certificate of Application (non-digital) issued on or after 1 July 2021 confirming an application under the EU Settlement Scheme, along with a Positive Verification Notice.
• Documentation from Jersey, Guernsey, or the Isle of Man showing an application for leave, with a Positive Verification Notice from the Employer Checking Service.
• An Application Registration Card stating the holder is permitted to work, accompanied by a Positive Verification Notice.
• A standalone Positive Verification Notice issued to the employer by the Home Office Employer Checking Service, confirming the individual’s right to work in the UK and the type of work allowed.

 
Steps to Conduct Right to Work Checks
 

1. Identify the Worker’s Immigration Status

Determine whether the worker is a UK/Irish citizen or holds an IRL, an overseas national, or holds a work visa UK. This will decide whether a manual right to work check or a share code right to work check is required. Always ensure you can obtain proof of right to work in UK before employment starts.

2. Choose the Correct Verification Method

For UK/Irish citizens and individuals on ILR: Perform a manual document check using the document checklist above.

For overseas nationals: Use the share code check system to verify their immigration status online. Go to the official “Check a job applicant's right to work” page on GOV.UK, which is specifically designed for employers to securely check right to work share codes and ensure compliance with Home Office requirements.

Learn everything about share codes in our blog.

3. Request the Required Documents

For manual right to work checks, request original right to work documents such as passports, BRPs, or proof of settled status.

For online right to work checks, ask the worker to provide a share code for right to work. This allows the employer to quickly check someone’s right to work or check an employee’s right to work through the official portal.

4. Verify the Documents

Check that the documents are genuine, unaltered, and belong to the worker.

Employees hired under sponsored work routes, such as the Skilled Worker visa or Global Business Mobility routes, must have their sponsorship status and visa permissions carefully verified. Employers are responsible for ensuring that each worker holds a valid Certificate of Sponsorship and the correct visa to undertake their role. Sponsored visa holders are permitted to take on additional employment for up to 20 hours per week in a second job, provided the role falls within an eligible SOC code and they continue to perform the duties of their primary sponsored role. If the additional work exceeds 20 hours weekly, the individual must apply to update their visa before commencing extended employment.
 

5. Record and Retain the Evidence

Keep copies of all right to work checks (employee right to work check, employer right to work check) and records of online checks, including proof of right to work share code or any right to work document reviewed. Evidence must be retained for at least two years after employment ends. Always maintain records of both manual checks and any RTW share code check conducted.

Right to Work Checks for Overseas Nationals

Overseas nationals require special attention during right to work checks. Here’s how to handle their verification:
 

1. Use the Share Code Check System

Most overseas nationals will provide a share code for online verification. This allows you to check someone's right to work quickly and efficiently via share code check system.

2. Verify Their Visa Type

Ensure the worker’s visa type aligns with their role. For example, a skilled worker visa holder must meet the appropriate salary threshold and have a valid certificate of sponsorship UK. Always conduct a right to work check UK to confirm.

3. Check for Restrictions

Some visas, such as a dependent visa UK, may have work restrictions. Verify these details during the right to work check.

4. Conduct Follow-Up Checks

For time-limited visas, set reminders to conduct follow-up checks before the visa expires.

Common Right to Work Issues
 

1. Expired Visas

Failing to conduct follow-up checks for employees with time-limited visas can lead to illegal working and penalties.

2. Incorrect Documents

Accepting incorrect or fraudulent documents can result in fines and a sponsor licence revoked.

3. Failure to Retain Records

Employers must keep copies of right to work checks for at least two years. Failure to do so can lead to compliance issues during a home office interview.

4. Mismatched COS Codes

For skilled worker visa holders, ensure the COS code matches the employee’s details and role.

Documents Required for Right to Work Checks

Below is a table outlining the documents required for different types of workers (see the full list of acceptable documents for manual right to work checks above):
 

Sponsor Licence Compliance: What Employers Need to Know

If your business employs overseas nationals or holds a sponsor visa UK, you must adhere to strict sponsor duties and compliance requirements. Failure to comply can result in a sponsor licence suspended or sponsor licence revoked. Here’s what you need to know:
 

1. Record-Keeping

Maintain accurate records of all right to work checks, including copies of documents and online verification results.

For skilled worker visa holders, ensure you retain their certificate of sponsorship UK and proof of meeting the skilled worker salary threshold.

2. Reporting Duties

Report any changes in employee circumstances to the Home Office within 10 working days. This includes changes in job role, salary, or immigration status.

If an employee’s visa expires or they leave your business, you must report this promptly.

3. Compliance with Immigration Laws

Ensure all employees meet the requirements of their visa type. For example, skilled worker visa holders must work in a role listed on the appendix skilled occupations and meet the going rate skilled worker salary.

4. Paying the Immigration Skills Charge

When sponsoring a skilled worker, you must pay the immigration skills charge. This fee varies depending on the size of your business and the length of the visa.

Home Office Audits and Interviews

The Home Office may conduct audits or home office interviews to ensure your business is complying with immigration laws. Here’s how to prepare:
 

1. Mock Audits

Conduct internal mock audits to identify and address any gaps in your compliance processes.

Ensure all right to work checks are up-to-date and properly documented.

2. Prepare for Home Office Interview Questions

Be ready to answer questions about your sponsor duties and compliance, including how you conduct right to work checks and manage certificate of sponsorship UK records.

3. Monitor the Revoked Sponsor Licence List

Regularly check the revoked sponsor licence list to stay informed about non-compliant businesses and avoid similar mistakes.

Penalties for Non-Compliance

Failing to comply with right to work checks and sponsor duties can result in severe penalties, including:

• Fines
   
• Employers can be fined up to £60,000 per illegal worker.
   
• Sponsor Licence Suspension or Revocation
   
• Criminal prosecution: when an employee’s right to work in the UK expires — and they haven’t applied to extend their permission — continuing to employ them becomes unlawful. In such cases, employers risk not just civil penalties but also potential criminal charges.

Non-compliance can lead to a sponsor licence suspended or sponsor licence revoked, preventing your business from hiring overseas nationals.

Nation.Better’s Compliance and Audit Services

Maintaining compliance with UK sponsorship duties is a critical yet complex task for businesses employing international talent. The consequences of failing to meet these responsibilities can be severe, from penalties to the loss of your sponsor licence.
 

With Nation.better’s sponsorship compliance services, our team of immigration specialists ensures you meet all your obligations seamlessly. From record-keeping and right to work checks to audits, we handle the details, so you can focus on growing your business.
 

If you need support with compliance, fill in this form , and our team will provide a tailored solution on how we can help safeguard your sponsorship status.