Right to work checks in the UK: what you need to do
Published Nov 09, 2026
Contents
How to carry out a right-to-work check
What records to keep and when to recheck
Right to work checks for contractors from October 2026
Get help with your recruitment process
Carry out a right-to-work check before a new employee starts work in the UK. Apply the same process consistently to all new hires, including British and Irish citizens. A correctly completed check can give you a statutory excuse against a civil penalty if someone is later found to be working illegally.
How to carry out a right-to-work check
The appropriate route depends on the person’s immigration status and the evidence they can provide. Check that the person matches the evidence and that any restrictions allow them to do the work you are offering.
Home Office online check. For someone with an eVisa, use their right to work share code and date of birth in the employer’s online checking service. Match the photo to the person and save the profile page. British and Irish citizens prove their right to work through other routes.
Manual document check. Use original documents from the Home Office’s acceptable document lists. You can meet the person in person or by live video, provided you physically hold the original documents during the check. Examples include a current or expired British or Irish passport, or an eligible birth or adoption certificate with official evidence of the person’s name and permanent National Insurance number issued by a government agency or previous employer.
Digital verification service. Use a certified and registered right to work digital verification service where the documents are eligible. This can include a British or Irish passport or Irish passport card. Confirm that the result matches the person and retain the verification report.
If the person cannot prove their right to work through the usual routes, check whether you need to use the Employer Checking Service. For example, this may apply while an immigration application or appeal is pending. Keep any Positive Verification Notice the Home Office issues.
What records to keep and when to recheck
Keep a clear copy of the documents or online check result, and record the date you checked them. Store everything securely throughout the person’s employment and for at least two years after they leave.
Some immigration permissions have an expiry date. Set a reminder so you can do another right to work check before the existing permission runs out. Where a check gives you a time-limited statutory excuse, schedule a follow-up before it expires. Check the Home Office guidance if an application is pending or a Positive Verification Notice sets a different deadline.
Right to work checks for contractors from October 2026
From 1 October 2026, the Right to Work Scheme also covers certain people engaged under worker contracts, individual subcontractors and people providing services through online matching services. Buying a service directly from someone who genuinely runs an independent business generally falls outside the scheme. Look at how the arrangement works in practice.
Where a subcontractor employs the people doing the work, it’s normally their responsibility for the statutory right to work checks. If your business uses that subcontractor to fulfil a contract to provide services to a third party, separate duties may apply to you. Check section 3 and Annex C of the Home Office employer’s guide for the prescribed safeguards, including the written statement, contract terms and verification procedures. For extended liability, the date you entered into the relevant contract matters. A contract made before 1 October 2026 does not come into scope simply because the work continues after that date.
Get help with your recruitment process
If you need help reviewing your recruitment procedures or working out who is responsible for checks, contact SSG’s HR and employment law team.