Right to work checks

Checking entitlement to work in the UK

You must check whether someone you may employ has a right to work in the UK, before they start working for you.

Employing a person aged 16 or over who doesn't have permission to work in the UK is a criminal offence. Employers (or managers they employ) can also be liable to pay a civil penalty.

Penalties

If you're found to be employing someone illegally and you have not carried out the required checks, you could face, for example:

• A criminal conviction and an unlimited fine and/or prison sentence
• A civil penalty of up to £60,000 per illegal worker
• Disqualification as a director.

We recommend asking all candidates to bring evidence of their right to work to their interview. Or, at the very latest, before a successful candidate's employment starts.

Avoiding liability (the statutory excuse)

If you follow the correct procedures and someone you employ is later found not to have the right to work, you'll have what's called a statutory excuse and won't be held liable.

Make sure you conduct checks according to the following government guides:

• Code of practice on preventing illegal working (which also explains how a civil penalty is calculated, including mitigating factors that may reduce the amount)
• Employer's guide to right to work checks (which provides more details on how to perform the checks).

You should also take care not to discriminate while carrying out your checking responsibilities. This can include:

• Making assumptions about whether a person does, or doesn't, have a right to work or is able and/or willing to demonstrate it.
• Asking some people for proof of their right to work, but not others.

The Home Office have produced a Code of practice that you should follow.

Getting proof of the right to work

To prove a candidate's right to work in the UK, they'll need to show you, or have, one or more of the documents from categories known as List A and List B.

These are set out in the government guidance Right to work checks: an employer's guide.

Documents from List A mean that they have a continuous right to work in the UK.

Documents from List B mean they have a time-limited right to work in the UK (either until immigration permission ends or up to a limit of 6 months) and you'll have to do a follow-up check.

There are different ways to check an individual's right to work, depending on their country of citizenship.

If you're unable perform the initial or follow-up checks using these methods, you must use the Home Office Employer Checking Service.

British or Irish citizens

You can check their right to work in the UK manually or by using a certified Identity service provider (IDSP).

Manual checks

These require you to:

1. See one or more of the original documents from List A or List B (this will usually be a passport).

2. Check the document in the physical presence of the holder to establish the following:

• Does it belong to them? Is the photo, name and date of birth consistent across all documents you have seen? Note that the reasons for any difference in names across documents can be explained by providing further evidence, such as an original marriage certificate, divorce decree absolute or deed poll document.
• Is the document genuine? Are there any signs that it has been tampered with?

3. Photocopy all the documents you have seen. What needs to be copied depends on whether it's a passport or other document (see the Employer's guide to right to work checks for specific details). It's recommended that you write something like Date on which this right-to-work check was made: [insert date] on each copy.

4. Securely keep the copies either electronically or as a hardcopy for the duration of the employment and for 2 years after it ends.

Note:

• To carry out a manual check correctly – including knowing which types of documents are acceptable, as these can change – the Home Office recommends using their checklist or online tool.
• If someone gives you a false document or a genuine document that does not belong to them, you should report it to the Home Office or call the Employer Enquiry helpline.

Using a certified IDSP

An IDSP provider will use identity document validation technology to get evidence of the prospective worker's identity, checking that it is valid and belongs to the person who is claiming it.

It can be used for British and Irish citizens who have a valid passport (including Irish passport cards).

A list of certified IDSP providers is available on GOV.UK.

Warning: You must not treat the prospective worker less favourably if they do not hold a valid passport, or don't want you to prove their identity using an IDSP. You must perform a manual check instead.

The usual process when using an IDSP is:

1. You make your request and the IDSP checks the validity of the documents.

2. It then gives you the verification information, giving the results as a range of standards of confidence. The Home Office recommends that employers only accept checks returning a minimum of Medium Level of Confidence. Do a manual check if it doesn't.

3. You must then:

• Check that the photograph and any biographic details (e.g. date of birth) used and then provided by the IDSP match the person being hired (to check they are not an imposter). You can do this in person or by a video call.
• Keep a clear copy of the IDSP verification for the duration of the candidate's employment and for 2 years after it ends.

Non-British or non-Irish citizens

Online checks

You can use the Home Office online service to check a candidate's right to work. To use the service, they need to get a right to work share code. This is available from either the government's Prove your right to work or View and prove your immigration status services. A share code isn't available to everyone - generally only those with a biometric residence permit/card or passport containing an eVisa can get one.

The usual process is as follows:

1. The prospective worker gives you a right-to-work share code. The code is usually 9 digits.

2. You then enter this code and their date of birth on the online service.

3. Check that the photograph matches them (this can be done with them being there in person or via a live video call).

4. Keep evidence of the check for the duration of their employment and for 2 years after it ends. This should be the profile page confirming their right to work - the page that includes their photo and date on which the check was conducted.

Note:

• If you employ someone based on the online check, but it is reasonably apparent from the photograph that they are not the same person the check was for, you may face a civil penalty or risk being found guilty of a criminal offence.
• You can't demand that they give you a share code. If they can't or won't give it to you, you can't treat them any differently and you must carry out a manual check instead (see above).

The Employer Checking Service and follow-up checks

You must use the Employer Checking Service to maintain or establish a statutory excuse if:

• A candidate cannot show you their documents or online immigration status before starting to work for you.
• An employee initially gave you a document from List B (i.e. they have a time-limited right to work), and they're unable to give further evidence that their right to work will continue before it ends.

For example, they may have technical issues getting a share code or using a digital service to check their right to work or prove they've extended their permission to work in the UK.

The Employer Checking Service will usually either give you one of 2 responses:

• Positive Verification Notice: this usually gives you another 6 months before needing to do another check.
• Negative Verification Notice: this usually means the candidate or employee no longer has a right to stay and work in the UK.

Follow up checks for documents in list B

If an employee gave you a document from List B (i.e. they have a time-limited right to work), you'll have to do follow-up checks to show that their permission to work in the UK can continue.

Note:

• These checks must be done before their permission to work in the UK ends.
• Your statutory excuse will end on the same date that their permission ends.
• The required follow-up check should be performed according to the rules and government guidance that existed at the time the initial check was made.

If an employee is unable to give you the required evidence that their permission to work in the UK can continue (i.e. by using the online service, a share code or manually), your statutory excuse will automatically continue for up to 28 days from the date their permission to work in the UK ends, if:

• you previously carried out a manual or online check before the employee started working for you; and
• on the date their permission to work in the UK ends, you're reasonably satisfied that they have a pending application, appeal or administrative review, to extend or vary the date of their permission.

This will give you time to use the Employer Checking Service to get a positive verification notice (which will mean you can wait 6 months before having to perform another check), or perform a Home Office online check (if, for example, there was a technical issue getting a share code, which has been resolved).

This period will end on the day you receive any negative verification notice. If your employee provides evidence that their application, appeal or review to extend their permission was successful during either the initial 28-day or 6-month positive verification notice period, you must then perform a check in the normal way.