Check Someone’s Eligibility to Work in the UK

Eligibility to work in the UK refers to the legal right of individuals to undertake employment based on their immigration status or nationality.

UK employers have a legal obligation to check a person’s right to work before employment begins. While it can be a challenge for employers to keep up to date with their immigration compliance duties under the prevention of illegal working regulations, failure to comply can result in Home Office enforcement action and in some cases, criminal sanctions against the employer.

Regular checks are also necessary for employees with time-limited permission to work, to ensure ongoing compliance. Employers should keep records of all checks conducted, as failure to do so can impact the ability to establish a statutory excuse against liability.

In this guide, we set out the different ways employers can check someone’s eligibility to work in the UK – either verifying by original documents or using the relevant online Home Office checking service.

 

Who is eligible to work in the UK?

 

An individual is eligible to work in the UK if they are a citizen of Britain or if they hold valid settled status in the UK. For non-UK residents, the right to work will be determined by their immigration status and any restrictions imposed on them by their grant of leave.

For example, those holding valid leave under a work visa are only permitted to undertake the type of work allowed under their visa category for the time period granted under the visa, while individuals with indefinite leave to remain are not subject to UK immigration or work limitations, and their eligibility to work in the UK is indefinite.

Regardless of an individual’s nationality, race or immigration status, in the UK all workers must provide evidence to a prospective employer confirming their right to work. This includes British and Irish citizens, and EU nationals.

Employers must implement a system for conducting the prescribed Right to Work document checks consistently, and which does not discriminate unlawfully against or apply only to individuals of certain nationality or race.

 

Right to work checks

 

There are a number of ways that an employer can carry out compliant eligibility to work checks:

 

• Manual right to work document checks
• Online share code right to work checks
• Digital right to work checks using the services of an Identity Service Provider (IDSP)
• Home Office Employer Checking Service for online right to work checks

 

 

Online share code checks

 

The UK’s right to work share code system allows individuals with digital immigration status, such as those under the EU Settlement Scheme, to prove their right to work. The individual generates a unique share code online through the Home Office portal, which they then submit to the employers to verify their immigration status quickly and securely.

Employers are only be able to verify the right to work status of Biometric Residence Card (BRC), Biometric Residence Permit (BRP), and Frontier Worker Permit (FWP) holders using the Home Office online service; physical BRPs, BRCs, and FWPs are no longer be acceptable as proof of right to work.

 

Digital right to work checks

 

Employers are now able to use Identity Document Validation Technology (IDVT) through an IDSP to conduct digital identity verification on British and Irish citizens who hold a valid passport (including Irish passport cards).

 

Employer Checking Service

 

The Home Office’s Employer Checking Service allows employers to verify the eligibility to work for workers with certain types of immigration status that can be checked online, such as status under the EU Settlement Scheme. The online checking service requires the individual to provide a share code to the employer before a check can be made.

 

Employers should also use the online service to check an employee’s immigration status in any of the following circumstances:

 

• The employee cannot show you their documents because of an outstanding appeal, review or application with the Home Office
• The employee has a Certificate of Application less than six months old
• The employee has an Application Registration Card
• The employee is a Commonwealth citizen who started living in the UK prior to 1988

 

Please note, in the event that you are requesting a check in circumstances where the prospective or existing employee has a Certificate of Application less than six months old, or an Application Registration Card, you will need to see the original version of the document.

Where an online check is not possible, the employer should conduct a manual check.

 

Manual document checks

 

In order to meet your duties, you can only accept documents from the relevant Home Office guidance list to verify eligibility to work. There are three lists, which apply depending on the individual’s immigration status.

 

List A right to work documents for individuals with a permanent right to work in the UK

 

After the initial pre-employment check, you will not be required to carry out any further Right to Work checks on this person, as your organisation will have a continuous statutory excuse for the full duration of the person’s employment with you.

 
List A – Acceptable Documents for Right to Work Checks:
 

Item	Document Type	Additional Details
1	British Passport (current or expired)	Shows holder is a British citizen or a citizen of the UK and Colonies with right of abode in the UK.
2	Irish Passport or Passport Card (current or expired)	Confirms Irish citizenship.
3	Document from Jersey, Guernsey, or Isle of Man	Verified by the Home Office Employer Checking Service; confirms unlimited leave to enter or remain under relevant immigration rules.
4	Current Passport	Endorsed to show exemption from immigration control, indefinite stay, right of abode, or no time limit on stay.
5	Immigration Status Document	Issued by Home Office, showing indefinite stay or no time limit, accompanied by an official document with National Insurance number and name.
6	UK Birth or Adoption Certificate	Short or long form, accompanied by an official document with National Insurance number and name.
7	Birth or Adoption Certificate from Channel Islands, Isle of Man, or Ireland	Accompanied by an official document with National Insurance number and name.
8	Certificate of Registration or Naturalisation	As a British citizen, accompanied by an official document with National Insurance number and name.

 

 

List B right to work documents for individuals with a temporary right to work in the UK

 

 

List B Group 1

 

 
List B – Group 1: Acceptable Documents for Right to Work Checks
 

 

Item	Document Type	Additional Details
1	Current Passport	Endorsed to confirm the holder is permitted to stay in the UK and allowed to do the specified type of work.
2	Document from Jersey, Guernsey, or Isle of Man	Verified by the Home Office Employer Checking Service; confirms limited leave to enter or remain under the relevant immigration rules.
3	Immigration Status Document with Photograph	Issued by the Home Office, showing valid leave and work rights, accompanied by an official document with the person’s permanent National Insurance number and name.

 

List B Group 2

 

Employers have a time-limited statutory excuse which expires 6 months from the date specified in your Positive Verification Notice. This means that you should carry out follow up checks before this notice expires.

 
List B – Group 2: Acceptable Documents for Right to Work Checks
 

Item	Document Type	Additional Details
1	Home Office Document (EU Settlement Scheme Application)	Confirms application made on or before 30 June 2021 under Appendix EU, with a Positive Verification Notice from the Home Office Employer Checking Service.
2	Certificate of Application (non-digital)	Confirms application made on or after 1 July 2021 under Appendix EU, with a Positive Verification Notice from the Home Office Employer Checking Service.
3	Document from Jersey, Guernsey, or Isle of Man	Confirms application under relevant Appendix EU rules, with a Positive Verification Notice from the Home Office Employer Checking Service.
4	Application Registration Card	Issued by the Home Office confirming work permission, with a Positive Verification Notice from the Home Office Employer Checking Service.
5	Positive Verification Notice	Issued directly by the Home Office to confirm the person may stay in the UK and is permitted to do the specified work.

 

 

Post-Brexit EU worker right to work checks

 

Following the end of the Brexit transition period, eligible EU nationals and their family members had until 30 June 2021 to make an application under the EUSS for pre settled or full settled status.

EU nationals must now present proof of their status under the EU Settlement Scheme or, if they came to the UK after 1 January 2021, proof of an appropriate work-based visa under the points-based system. EU nationals are no longer allowed to rely on their passport or National Identity Card to prove their eligibility to work in the UK.

Where a right to work check confirms that there is a time limit on the EU employee’s right to work in the UK, a follow-up check should be carried out prior to the expiry date. This could be, for example, where they only have pre-settled status under the EU Settlement Scheme or they have been granted limited leave to remain under the points-based system.

 

Not eligible to work in the UK?

 

Employers face significant enforcement action, and potentially criminal sanctions, if they knowingly employ an individual who does not have the right to work.

Non-UK residents must ensure they hold valid immigration status which allows them to work. This means applying to the Home Office for a visa. You cannot take up employment if you are not eligible to work in the U, and employers cannot employ, or continue to employ, someone if they cannot prove their right to work.

In cases where the individual cannot provide documentation showing their eligibility to work in the UK, you should ask the Home Office to check the individual’s status and seek a Positive Verification Notice to confirm that the applicant has the right to work, which you should retain as proof you have complied with the requirements.

In some cases, not having the correct documents can potentially be a fair reason to dismiss employees, but the employer should proceed with caution and take legal advice to ensure the dismissal is not unlawful or unfair.

You may also need to take action if an employee loses their right to work.

 

Allegations of illegal working

 

The penalties for employing illegal workers and for failing to properly check eligibility to work in the UK can be severe, including a substantial fine for each worker found to be unlawfully employed by our organisation. If you are found to have employed someone you know did not hold the right to work in the UK or had reasonable cause to believe they didn’t you can be sent to jail for five years and forced to pay an unlimited fine.

You will also be penalised if you did not carry out the necessary checks or did not check them properly before offering employment. In these cases, you are likely to get a referral notice and may be required to pay up to £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches.

You will have 28 days to respond if you are found liable and can object to the decision.

 

Need assistance?

 

The consequences of employing illegal workers are severe and costly. Avoiding Home Office scrutiny and penalty warrants the effort and investment in ensuring continued compliance with your immigration and prevention of illegal working duties.

DavidsonMorris’ team of UK immigration lawyers specialise in helping employers meet their right to work duties. We offer an immigration audit service to review existing processes and procedures and identify areas of risk and weakness to be addressed when verifying eligibility to work in the UK. We can support with implementing effective and compliant systems when checking an individual’s eligibility to work in the UK.

We also provide training for HR, managers and those responsible for onboarding new employees to ensure a consistent approach to meeting your duties.

If you are facing allegations that your organisation has breached its duties, we can help with your next steps. If you opt to challenge a civil penalty, we can provide guidance throughout the process. 

For specialist right to work expertise, speak to us.

 

Eligibility to Work in the UK FAQs

 

What is eligibility to work in the UK?

Eligibility to work refers to an individual’s legal right to undertake employment in the UK, which is determined by their immigration status or nationality. Employers must check and verify this before hiring.

 

How can employers check an employee’s right to work?

Employers can verify right to work by checking original documents, such as a passport or visa, or using the Home Office’s online checking service for individuals with digital immigration status.

 

What happens if an employer does not carry out right to work checks?

Failing to conduct proper checks can lead to fines of up to £20,000 per illegal worker, reputational harm, and in serious cases, criminal prosecution.

 

Are right to work checks needed for all employees?

Yes, checks must be conducted for all employees, regardless of nationality, to ensure compliance with UK immigration laws.

 

How often should right to work checks be carried out?

For individuals with time-limited permission to work, follow-up checks must be conducted before their permission expires.

 

What documents are acceptable to prove the right to work?

Acceptable documents include passports, biometric residence permits, and Home Office-issued status documents. A full list is available in the government’s guidance.

 

Can employers accept photocopies of documents?

No, only original documents should be accepted, unless the check is conducted using the online service for digital statuses.

 

What should employers do if an employee’s right to work is unclear?

Employers should contact the Home Office Employer Checking Service for confirmation and obtain a Positive Verification Notice before proceeding with employment.

 

Is there a legal defence for employers who unknowingly hire someone without permission to work?

If proper right to work checks were conducted and recorded, employers can establish a statutory excuse to avoid liability for illegal employment.

 

Glossary

 

 

Term	Definition
Right to Work	The legal entitlement of an individual to undertake employment in the UK.
Statutory Excuse	A legal defence for employers against penalties if correct right to work checks are conducted and recorded properly.
Employer Checking Service (ECS)	A government service that allows employers to verify an individual’s right to work if their status cannot be confirmed through usual checks.
Biometric Residence Permit (BRP)	A physical card issued by the Home Office showing an individual’s immigration status and work entitlements.
Share Code	A unique code generated online that allows an employer to check an individual’s right to work via the government website.
Digital Status	An online record of immigration status used instead of physical documents, accessible through the Home Office website.
List A Documents	Acceptable documents proving indefinite right to work in the UK without time restrictions.
List B Documents	Acceptable documents proving temporary right to work in the UK, requiring follow-up checks.
Illegal Working	Employment of an individual who does not have permission to work in the UK, which can lead to penalties for employers.
Follow-up Checks	Additional checks required for employees with time-limited work permission to ensure continued compliance.
Right to Work Check	The process of verifying an individual’s right to work by inspecting documents or using the online checking service.
Home Office Guidance	Official information provided by the UK government outlining employer responsibilities and acceptable documents.
Penalty Notice	A fine issued by the Home Office to employers found employing individuals without the right to work.