Right to Work Checks UK 2026: Online, Digital and Manual Checks Explained
Right to work checks are not a single passport-copying exercise. The prescribed method depends on the worker’s nationality, immigration status and the evidence available. An employer should choose the correct route, complete every required step before employment starts and retain the prescribed evidence.
A correctly completed check can establish a statutory excuse against a civil penalty if the individual is later found to be working illegally. It does not remove the obligation to stop employing someone where the employer knows they do not have permission to do the work in question.
Choose the correct check
| Worker or evidence | Usual check route | Key point |
|---|---|---|
| British or Irish citizen with acceptable original documents | Prescribed manual check | Check the original document in the holder’s presence, make a clear copy and record the date of the check. |
| British or Irish citizen with a valid passport or Irish passport card | Digital check through an eligible Digital Verification Service | This is an optional alternative to the prescribed manual route. The employer remains responsible for satisfying itself that the identity matches the person presenting for work. |
| Non-British or non-Irish citizen with digital immigration status | Home Office online service using the worker’s share code and date of birth | Retain the profile page showing the photograph, permitted work and date of the check. |
| Status cannot be confirmed through the usual online or manual route | Employer Checking Service, where the published criteria are met | Retain the Positive Verification Notice and diarise any follow-up date. |
The available route must be checked against the individual facts. A worker’s nationality alone does not tell the employer whether a manual, online, digital or Employer Checking Service check is required.
Home Office online checks and share codes
Where a worker provides a right to work share code, the employer must use the employer section of the official Home Office online service. A screenshot supplied by the worker, a view of their UKVI account or a visa email is not a substitute for the prescribed employer check.
The employer should check that the photograph and personal details match the individual and that the online result permits the work being offered. The retained evidence should be the profile page generated by the service, saved as a PDF or HTML file or printed clearly.
British and Irish citizens: manual or digital verification
British and Irish citizens cannot use the Home Office immigration share-code service simply because it is convenient. A prescribed manual check remains available where the person presents an acceptable document. Employers may instead use an eligible Digital Verification Service for a British or Irish citizen who holds a valid British or Irish passport, including an Irish passport card.
Digital identity verification does not transfer the employer’s responsibility. The employer should use an eligible provider, retain the required output and satisfy itself that the verified identity belongs to the prospective employee.
Expired biometric residence permits and eVisas
A physical expired Biometric Residence Permit is not acceptable evidence for a manual right to work check. Where the individual has ongoing immigration permission, they may be able to use their UKVI account to generate a share code. The employer must then carry out the prescribed online check. If the person cannot evidence their status through the usual route, the Employer Checking Service may be appropriate.
Follow-up checks for time-limited permission
A time-limited statutory excuse does not last indefinitely. The employer should record the expiry or follow-up date shown by the prescribed evidence and complete the next check before the existing excuse expires. The result must also be checked against any restriction on the type of work, hours or role.
Evidence the employer must retain
- For an online check, retain the Home Office profile page showing the worker’s photograph, work permission and the date of the check.
- For a manual check, retain the prescribed clear copies and a record of the date on which the check was completed.
- For a digital verification check, retain the required provider output and the employer’s own identity-matching record.
- For an Employer Checking Service check, retain the Positive Verification Notice and any follow-up date.
Evidence should be stored securely for the duration of employment and for two years afterwards, then destroyed securely.
Common failures that can remove the statutory excuse
- Completing the check after employment has started.
- Using a worker-facing screenshot instead of the official employer online result.
- Accepting an expired physical BRP as a manual right to work document.
- Failing to match the photograph, identity and permitted work to the individual and the proposed role.
- Failing to retain the prescribed evidence or the date of the check.
- Missing a required follow-up check for time-limited permission.
Penalty and sponsor-licence risk
Under the civil penalty code in force on 11 August 2026, the maximum penalty is £45,000 per worker for a first breach and £60,000 per worker for a repeat breach within the relevant period. Liability, any statutory excuse and mitigation must be assessed against the notice, the worker’s status and the evidence of the check actually completed.
For a licensed sponsor, right to work failures may also raise separate sponsor-compliance issues. The civil penalty case and any sponsor action should be reviewed together so that the factual account and supporting evidence remain consistent.
If a Civil Penalty Notice has already been issued, use our civil penalty objection service. If the aim is to identify gaps before Home Office action, see our right to work compliance audit.
Right to work check FAQs
Which right to work check should an employer use?
The correct method depends on the worker’s nationality, immigration status and available evidence. British and Irish citizens may use a prescribed manual check or an eligible digital verification service. Many other workers use the Home Office online service with a share code. The Employer Checking Service is used in specified cases where status cannot be confirmed through the usual route.
Can an employer accept an expired biometric residence permit?
No. A physical expired biometric residence permit is not acceptable evidence for a manual right to work check. Where the worker has ongoing permission, the employer should normally use the Home Office online service with the worker’s share code, or the Employer Checking Service where appropriate.
When must the right to work check be completed?
The prescribed check must be completed before employment starts. If the worker has time-limited permission, the employer must identify whether and when a follow-up check is required and complete it before the statutory excuse expires.
How long should right to work evidence be kept?
The employer should retain the required evidence securely for the duration of employment and for two years after the employment ends, then destroy it securely.
Official sources and review date
- Home Office employer’s guide to right to work checks
- Code of Practice on Preventing Illegal Working
- GOV.UK: checking a job applicant’s right to work
Last legally reviewed: 11 August 2026. This article provides general information and is not legal advice on a particular employee or check.