Right to Work Check in the UK- Manual & Online Check

All employers operating or trading in the UK have a responsibility to prevent illegal working. They do this by conducting a simple Right-to-Work check before employing a person, to ensure the individual who is employed is not disqualified from carrying out the job or work in question due to their immigration status.

Establishing a statutory excuse for right-to-work checks

A statutory excuse works as an employer’s defence against a civil penalty. To establish a statutory excuse if an employee is found to be working illegally in the UK, the employer must do one of the following checks before the employee commences employment.

1. Conduct a manual right to work check (all)

2. Conduct a right to work check using a DVS (Digital Verification Service - British and Irish citizens only).

3. Conduct a Home Office online right to work check (non-British and non-Irish citizens)

Carrying out a job applicant's right to work check

An employer in the UK must check that a job applicant is allowed to work for them in the UK before they employ the applicant. Right-to-work check also includes the types of work the job applicant is allowed to do and number of hours they can work in the UK for, if there is a time limit.

The employer can conduct:

• Manual check of the applicant’s right to work through their original documents

• Online check of the applicant’s right to work using their share code if they have provided it 

One can also carry out an applicant’s Right-to-work check by using an identity service provider that offers IDVT (Identity Document Validation Technology). 

IDVT, which is provided by an IDSP (Identity Service Provider), are forms of technology operated to verify the identity of an individual, where a physical document's digital copy relating to that individual is produced for the purpose of verifying the validity of the document, and where that individual is the rightful holder of that document.

Please note that British and Irish citizens cannot get an online share code to prove their right to work. Therefore, the employer will need to check their original documents - for example, their passport or passport card (a document that contains the holder’s personal details and photograph) - or use an IDSP (Identity Service Provider) instead.

Right to work checks for existing employees from the EU, EEA, or Switzerland who came to the UK before 1 July 2021 are not required.

1. Manual check of the applicant’s right to work through their original documents

The employer needs to ask the job applicant to see their original documents. They can no longer accept BRCs (Biometric Residence Cards) or BRPs (Biometric Residence Permits), and therefore they will need to ask the applicant for a share code instead. 

Using immigration documents

The applicant (excluding a British or Irish citizen) can usually prove their right to work in the UK with one of the following:

• a current passport (expired passports cannot be used) with a Home Office ‘endorsement’ in it, for example, a stamp or a vignette (a sticker)

• a current immigration status document. The applicant might have an immigration status document if they are a refugee or have been granted humanitarian protection or DL (Discretionary Leave).

• an ARC (Application Registration Card) which must say the applicant has permission to work in the UK - it should say ‘Work permitted’.

• There may be other documents the applicant can use if they:

• are waiting for a decision on an application for the EUSS (EU Settlement Scheme) 

• were given EUSS- Settled or EUSS- Pre-settled status in Jersey, Guernsey, or the Isle of Man

• are a Ukrainian citizen

• are a frontier worker - a citizen of an EU country, Norway, Iceland, Liechtenstein, or Switzerland who lives outside the UK and comes UK to work

What to check

The employer needs to check that:

• the applicant’s documents are original, genuine, and unchanged, and belong to them

• The applicant’s photos are the same across all documents and look like the applicant

• the applicant’s DOB (Dates of Birth) is the same across all documents

• if the applicant’s 2 documents give different names, they have supporting documents showing why the names are different, such as an original marriage certificate or divorce decree

If the job applicant is not a British or Irish citizen, the employer will also need to check that:

• Their dates for right to work in the UK have not expired

• They have permission to do the type of work they are being offered (including any limit on how many hours they can work)

Taking a copy of the documents

When copying the documents of the employee, the employer should:

• make a copy of the documents that cannot be changed, for example, a photocopy

• ensure the copy is clear enough to read

• for passports, copy any page with the document expiry date and the holder's details (for example, nationality, date of birth, signature, and photograph), including endorsements, for example, a work visa

• for all other documents, they must make copies of the documents in full

• keep copies for the duration of the applicant’s employment and for 2 years afterward

• record the date the check was made

Follow-up checks

If the employee’s right to work is time-limited, the employer will need to check their documents again when it is about to expire.

If the job applicant cannot show their documents

The employer must ask the Home Office to check the immigration status of an employee or potential employee if that person cannot show their documents or online immigration status, for example, because they:

• have an outstanding appeal, administrative review, or application with the Home Office

• came to the UK before 1989 and have no documents to prove their immigration status or right to work

• The employer must also ask the Home Office to check the employee’s status if the employee has:

• a Certificate of Application (digital or non-digital) that says they need to ask the Home Office to check the employee’s right to work

• an ARC (Application Registration Card)

ARCs must state that the work being offered by the employer is permitted. The Home Office will send them a PVN (Positive Verification Notice) to confirm the applicant's right to work. The employer must keep this document.

2. Online check of the right to work of an applicant using their share code, if they have provided it  

The applicant (excluding non-British and non-Irish nationals) is required to get a share code to prove their right to work in the UK.

The employer of such an applicant can use the share code (if it is provided) to check the types of jobs the applicant is allowed to do in the UK and how long they can work in the UK for.

Who can get a share code?

An applicant can get a share code if they have:

• A BRP (Biometric Residence Permit) – it can be used for 18 months after the expiry date printed on the card

• A UKVI (UK Visas and Immigration) account

• A person will have a UKVI account if they have ever:

• Applied to the EUSS (EU Settlement Scheme)

• Used the UKVI's ‘UK Immigration: ID Check’ app to prove their identity when making a UK visa application 

• Created one when applying for a UK visa 

• Created one to get access to an eVisa (a digital record of their identity and immigration status)

The applicant will need either their BRP number or their passport or national identity card to get a share code to prove their right to work online.

Checking a job applicant's right to work using their share code

The employer can use the share code provided by the applicant to check the applicant’s right to work details in the UK, including the types of work they are permitted to do and how long they can work in the UK for, if there is a time limit.

The applicant will need to give their right to work share code and date of birth to the employer. 

What are the sanctions against illegal working?

If the employer in the UK is found to be employing a person illegally and they have not carried out the prescribed right-to-work checks, they may face sanctions including:

• Civil penalty of an amount up to £60,000 per illegal worker.

• A criminal conviction carrying an unlimited fine and a prison sentence of up to 5 years in serious cases.

• Closure of their business and a compliance order issued by the court.

• Disqualification as a director.

• Losing their ability to sponsor migrants.

• Seizure of earnings earned as a result of illegal working.

• Review and a possible licence revocation in the private hire vehicle and taxi sector and the alcohol and late-night refreshment sector.

How can Visa and Migration help?

We work with employers in the UK, job applicants, and the UK Home Office to make accurate, compliant, and stress-free right-to-work checks.

If you are an employer, we can:

• Advise you which right-to-work check method applies (share code, DVS (Digital Verification Service), or Employer Checking Service).

• Carry out or support you in online share-code checks and ensure records are kept correctly.

• Submit your ECS (Employer Checking Service) requests and obtain PVNs (Positive Verification Notices) for workers with pending applications or ARCs.

• Train your HR teams on Home Office compliance, follow-up checks, and audit readiness.

• Avoid the risk of facing civil penalties by ensuring right-to-work checks are done correctly and on time.

On the other hand, if you are a job applicant, we can:

• In detail, explain to you how you can prove your right to work based on your immigration status.

• Help you generate and use right-to-work share codes.

• Help you with any pending visa applications, ARCs, or lost documents.

• Guide you through UKVI digital systems.

• Liaise with your employer to avoid delays or misunderstandings.

Whether you are an employer or a job applicant, we help you save time, avoid errors, and stay legally compliant while keeping recruitment moving smoothly.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com