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Right to Work checks in the UK: Everything you need to know
Right to work checks are a vital part of the pre-employment screening process in the UK, enabling businesses to verify that every potential employee has the legal right to work in the country.
From 1 October 2026, the Right to Work Scheme will extend beyond traditional contracts of employment to cover certain other working arrangements, including workers engaged under a worker’s contract, individual subcontractors and some online matching services. Recruitment agencies and businesses that use flexible labour should review their processes ahead of the change.
In this article, we explore what a right to work check entails, the legal requirements for 2026, and how employers and recruitment agencies can streamline the process while staying compliant.
Table of contents
- What is the Right to Work law?
- Evolution of Right to Work checks in the UK
- What’s changing on 1 October 2026?
- Understanding the Right to Work check
- How to carry out a Right to Work check
- How long does Right to Work check take?
- What are the penalties for not doing a Right to Work check?
- Simplifying Right to Work compliance
What is the Right to Work law?
Right to work law refers to the UK rules requiring employers to prevent illegal working. The main framework is set out in the Immigration, Asylum and Nationality Act 2006, alongside related immigration legislation and statutory codes of practice. Employers must check that a prospective employee is allowed to work in the UK before employment begins.
Evolution of Right to Work checks in the UK
Right to work checks have been a legal requirement in the UK since 1997, when duties under the Asylum and Immigration Act 1996 came into force. Over the years, the requirements have evolved. The introduction of the online Right to Work Checking Service in 2019 marked a significant shift towards digital validation.
From 6th April 2022, employers gained the option to verify British and Irish citizens digitally using Identity Document Validation Technology (IDVT) through a certified Identity Service Provider (IDSP), as an alternative to an in-person manual check. This evolution reflects the government's ongoing efforts to strengthen the integrity of the immigration system while simplifying the verification process for employers.
What’s changing on 1 October 2026?
From 1 October 2026, the scope of the Right to Work Scheme expands beyond standard contracts of employment. The changes apply to any business engaging labour outside a standard employment contract, including those using agency workers, subcontractors, zero-hours workers or gig economy platforms.
Understanding the Right to Work check
A right to work check confirms that a candidate is permitted to carry out the work being offered in the UK. It is not a general background check and does not, by itself, verify employment history, criminal records or industry-specific bans.
Depending on the candidate’s circumstances, the check may involve reviewing acceptable original documents, using the Home Office online checking service or using an approved digital verification service. Employers must confirm that the documents or digital status belong to the individual, check for any restrictions or expiry dates, and record the outcome.
How to carry out a Right to Work check
There are three ways to carry out a right to work check in the UK. The method you use depends on the individual's nationality and immigration status.
Manual document check
The employee should provide an original document or acceptable combination of documents, such as a valid passport, or a birth certificate together with a National Insurance number. The employer checks these in person, makes a copy, and records the date of the check.
Online check via the Home Office
Required for anyone with digital immigration status, including eVisa holders and EU Settlement Scheme status holders. The employee generates a share code through their UK Visas and Immigration (UKVI) account, and you enter it alongside their date of birth at gov.uk/view-right-to-work. The result comes back in real time, straight from Home Office records.
Digital check via a certified provider
Available for British and Irish citizens only. A certified Digital Verification Service Provider (DVSP) verifies the document remotely, so there's no need for an in-person check. You're still responsible for reviewing the result and keeping a record.
Whichever method you use, three rules apply:
- The check must be done before the employee's first day
- You must copy and retain the evidence for two years after employment ends
- Using the wrong method means you won't have a statutory excuse if something goes wrong
The 1 October 2026 changes also introduce updated requirements for digital verification services. Businesses using digital checks should confirm that their provider is registered and that their process meets the new statutory requirements.
How long does Right to Work check take?
The duration of a right to work check can vary. In ideal circumstances, where the candidate’s documents are complete and readily available, the check can be completed within minutes.
However, if there are discrepancies or if the necessary documentation is not immediately provided, the process may take longer. The key is to ensure that each check is thorough and that all relevant documents are securely stored for future reference.
What are the penalties for not doing a Right to Work check?
Penalties start at £45,000 per illegal worker, rising to £60,000 for repeat breaches. Employers who knowingly employ someone without the right to work risk criminal prosecution, unlimited fines, and up to five years' imprisonment. They may also lose their sponsor licence and face reputational damage through publication on the Home Office's non-compliance register.
Simplifying Right to Work compliance
Right to work checks are more than just a legal formality. They are a crucial safeguard that protects employers from severe financial penalties and legal risks, while ensuring that only eligible candidates are hired.
By understanding the process, staying updated with the latest legislative changes, and utilising the right digital solutions, both employers and recruitment agencies can maintain compliance efficiently.
Discover Access Screening for a more streamlined and automated approach to processing right to work checks.
See how our software can enable your company to check right to work status of your potential employees.
Right to Work checks FAQs
What is a Right to Work check?
A right to work check is a process employers must complete before hiring someone to confirm they are legally permitted to work in the UK. Employers must retain evidence of the check for the duration of employment and for two years after it ends.
Is a Right to Work check a legal requirement?
Yes. All UK employers are legally required to carry out right to work checks on every employee before they start work, regardless of their nationality. Failure to comply can result in civil penalties of up to £45,000 per worker for a first breach, rising to £60,000 for repeat breaches, and, in serious cases, criminal prosecution.
What documents count as proof of the right to work?
List A documents, such as a UK or Irish passport or a birth certificate with National Insurance number, confirm an ongoing right to work with no repeat check needed.
List B documents confirm time-limited permission and require a follow-up check before expiry. For eVisa holders, employers use a share code to check status online. The result will show whether the individual's right to work is unrestricted or time-limited, and a follow-up check is only needed in the latter case.
What happens if you don't do a Right to Work check?
Employers who fail to carry out a compliant check face civil penalties of up to £45,000 per illegal worker for a first breach, rising to £60,000 for repeat offences. Knowingly employing someone without the right to work can result in criminal prosecution, an unlimited fine, and up to five years' imprisonment. Employers may also lose their sponsor licence.
Do existing employees need another Right to Work check?
Not always. Employees with a permanent right to work, such as British or Irish citizens, do not require a repeat check. However, where an employee's permission to work is time-limited, employers must carry out a follow-up check before that permission expires to maintain their statutory excuse and avoid liability.
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