Right to Work Checks
Are you checking every new employee's right to work in the correct way?
Every UK employer has this duty, whether or not it holds a sponsor licence. A correct check gives the business a defence if a worker later turns out not to have permission.
Advice available in English and Albanian
For Employers
Right to Work Checks
Who needs to be checked
Everyone, before employment begins, including British citizens. Checking only some staff creates a risk of discrimination claims.
How checks are done
- Online checks using a share code, for people with digital immigration status
- Manual checks of original documents from the prescribed lists
- Checks through an identity service provider, for eligible passports
- Dated records kept for the required period
Follow-up checks
Where a worker has time-limited permission, a further check is needed before it expires. Diary these dates when the first check is done.
Civil penalties
Employing someone without the right to work can lead to a substantial civil penalty per worker, publication of the business's name, and consequences for any sponsor licence.
If you receive a referral or penalty notice, the time to object is short.
Audits
A review of existing staff files shows whether past checks would stand up, and what to correct before the Home Office looks.
Frequently asked questions
01Can we accept a photo of a passport sent by phone?
No. A manual check needs the original document, examined in the way the guidance sets out.
02A worker's visa is expiring but they have applied to extend. Can they keep working?
Often yes, but you need to verify this through the correct Home Office service and keep the confirmation.
03Do checks apply to self-employed contractors?
The statutory scheme covers employees, but checking contractors is sensible, and sponsor licence holders are expected to.
Speak to a Solicitor
Tell us briefly about your immigration matter and how you would like to be contacted.
- Languages
- English · Shqip
Advice available in English and Albanian