Right to work checks help UK employers confirm that every new recruit is allowed to do the work offered before employment starts. For sponsor licence holders, accurate right to work processes also support wider Home Office compliance and reduce the risk of civil penalties.
Employer compliance service for manual, online, DVS and follow-up right to work checks.
Reviewed by the Morgan Smith Immigration team — IAA-regulated UK immigration specialists. Last reviewed 2026-07-29.
TL;DR
A Right to Work Check is the employer process for confirming that a worker is legally allowed to work in the UK before employment begins. There is no Home Office application fee for carrying out the check, it must be completed before employment starts, and evidence should normally be kept for the duration of employment plus 2 years. If the check is done correctly, it can give the employer a statutory excuse against a civil penalty.
£0
Home Office check fee
Before start
When to check
2 years
Retain after employment
What is a Right to Work Check?
A Right to Work Check is a prescribed employer check used to confirm that a job applicant or existing worker is not disqualified from doing the work in question because of their immigration status. The Home Office guidance explains that the check is how employers establish a statutory excuse against liability for a civil penalty if an individual is later found to be working illegally.
Employers can normally carry out the check in one of three ways: a Home Office online right to work check using a share code, a manual document check where the person can use acceptable physical documents, or a digital verification service for British and Irish citizens with an eligible passport or Irish passport card.
For HR teams and sponsors, the check is not just an onboarding task. It affects sponsor licence compliance, recruitment controls, student working-hour monitoring, repeat-check diaries, TUPE risk and the organisation’s ability to demonstrate that the same process is applied fairly to all workers.
Where a worker cannot prove their right to work online or with acceptable documents, the employer may need to use the Home Office Employer Checking Service and obtain a Positive Verification Notice before relying on a statutory excuse.
Right to Work Check Requirements
The core checks employers need before and during employment
📄
Check Before Employment
The check must be completed before the person starts work. Employers should confirm that the person is allowed to do the specific role, including any work-type or working-hours restrictions.
💼
Use the Correct Check Method
Use the Home Office online service where the worker provides a share code, a manual check where acceptable documents can be used, or an eligible digital verification service for British and Irish passport holders. Biometric residence permits and cards are no longer accepted as physical proof for manual checks.
£
Keep Clear Evidence
Employers must keep clear evidence of the check, including the date it was made. GOV.UK says copies should be retained during employment and for 2 years after the worker stops working.
What You Can and Cannot Do
How to reduce illegal-working risk without discriminatory checks
✓ You Can
- Check online with a share code where the worker can prove their right to work digitally.
- Carry out a manual document check where the worker presents acceptable original documents.
- Use a digital verification service for eligible British and Irish citizens with valid passport evidence.
- Schedule follow-up checks where the worker has time-limited permission to work.
- Use the Employer Checking Service where the worker cannot use online or document evidence but has a relevant pending application, review, appeal or specified Home Office document.
- Keep a statutory excuse record if the check is completed in line with Home Office guidance.
✗ You Cannot
- Employ without a valid check and still expect protection from a civil penalty if the worker is working illegally.
- Accept expired BRPs or BRCs as manual right to work evidence; workers should usually use online status instead.
- Use only the employee’s own view of status; for online checks, the employer must use the employer checking page with the share code.
- Ignore work restrictions such as student term-time hours or role-specific limits.
- Apply checks in a discriminatory way based on nationality, ethnicity or accent.
- Treat right to work as settlement or public funds permission; it only confirms work permission for the role and period shown.
Costs & Fees
Current fees as of 2026. Set by the Home Office — subject to change.
Fees set by the Home Office and subject to change. Last reviewed: July 2026.
| Item | Cost (2026) |
|---|---|
| Home Office online check | £0 |
| Manual document check | £0 |
| Employer Checking Service | £0 |
| Digital verification provider | Provider fee |
| Civil penalty risk | Up to £60,000 |
How to Carry Out a Right to Work Check
A practical process for HR teams, recruiters and sponsor compliance leads
Identify the Check Type
Decide whether the worker can use a Home Office online share code, acceptable manual documents, a digital verification service, or whether an Employer Checking Service request is needed.
Complete the Check Before Work Starts
Carry out the check before employment begins. For online checks, use the employer part of the GOV.UK service rather than relying on the worker’s own status screen.
Confirm Identity and Work Permission
Check that the person presenting for work matches the document or online profile and that the result allows the work you are offering.
Record and Store Evidence
Keep a clear copy or online profile page, record the date of the check, and store it securely for the whole employment period.
Maintain Your Statutory Excuse
Keep the evidence for 2 years after employment ends and diarise follow-up checks where permission is time-limited.
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Sources
Legal information on this page is based on guidance from GOV.UK, the UK Home Office / UK Visas and Immigration, legislation.gov.uk, and Free Movement. Rules change frequently — speak to our team to confirm current requirements.
Frequently Asked Questions
Common employer questions about right to work checks
What is a Right to Work Check UK?
A Right to Work Check is the process UK employers use to confirm that a worker is allowed to do the job offered. Home Office guidance says the check helps employers establish a statutory excuse against a civil penalty if a person is later found to be working illegally.
When should an employer do a right to work check?
The check should be completed before employment starts. Follow-up checks are needed where the worker’s permission to work is time-limited and the employer needs to retain a statutory excuse.
How much does a right to work check cost?
There is no Home Office fee for using the online right to work check or carrying out a manual check. If an employer chooses to use a digital verification provider for eligible British or Irish citizens, the provider may charge a commercial fee.
Can I use a share code for a right to work check?
Yes, where the worker gives you a valid share code, you should use the employer part of the GOV.UK online service. GOV.UK says it is not enough to view the details on the worker’s own part of the service.
Can British and Irish citizens get a right to work share code?
GOV.UK says British and Irish citizens cannot get an online share code to prove right to work. Employers should check their original documents, such as a passport or passport card, or use an eligible digital verification service.
Can an employer accept a biometric residence permit for a right to work check?
GOV.UK says employers can no longer accept biometric residence cards or permits as manual right to work evidence. The worker should usually prove their status online with a share code.
How long should right to work records be kept?
GOV.UK says employers should keep right to work copies during employment and for 2 years after the worker stops working. The evidence should be clear enough to read and stored securely.
What happens if a worker has time-limited permission?
If the worker has time-limited permission, the employer should conduct a follow-up check when needed to retain the statutory excuse. The check should confirm that the worker is still allowed to do the work in question.
What is the penalty for getting right to work checks wrong?
The Home Office employer guide says employers may face a civil penalty of up to £60,000 per illegal worker if they employ someone illegally without the prescribed checks. Serious cases can also lead to criminal sanctions and wider compliance consequences.
Does a right to work check replace sponsor licence compliance?
No. A right to work check confirms permission to work, but sponsor licence holders must also meet sponsor duties, record-keeping, reporting and monitoring requirements. The two processes should work together as part of HR compliance.
Need Help With Right to Work Checks?
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