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Compliance

Licensing Authority Guide to Right to Work Checks

Guide to right to work checks for licensing authorities issuing taxi and private hire licences, covering immigration status verification duties.

Skilledvisa Editorial 7 min read
Illustration representing right to work checks for taxi and private hire licensing authorities in the UK

Illustration representing right to work checks for taxi and private hire licensing authorities in the UK

TL;DR: The Home Office has published a licensing authority guide to right to work checks, setting out how councils and licensing bodies must verify the immigration status of taxi and private hire vehicle licence applicants. The guidance affects licensing authorities, drivers, and operators across England and Wales from 1 October 2026.

Introduction

Right to work checks have become a central pillar of the Home Office’s approach to preventing illegal working across regulated sectors, and the newly published licensing authority guide to right to work checks extends this framework directly into the taxi and private hire vehicle (PHV) industry. Published on 1 October 2026, the guidance sets out precisely how local licensing authorities in England and Wales must verify the immigration status of individuals applying for a taxi or private hire licence, whether as a driver, operator, or vehicle proprietor.

The guide forms part of a broader push by UK Immigration Enforcement to close off routes into unauthorised employment, with the private hire sector long identified as an area of particular risk due to the high volume of self-employed and flexible working arrangements it relies upon. Licensing authorities, which include district councils, unitary authorities, and London boroughs, now have clearer statutory expectations placed upon them when processing new applications and renewals.

This article examines what the guidance requires, who is affected, and what the practical implications are for licensing bodies, operators, and applicants navigating the system.

What is the Licensing Authority Guide to Right to Work Checks?

The licensing authority guide to right to work checks is official Home Office guidance instructing local authorities on how to confirm that applicants for taxi and private hire licences hold the correct immigration status to work lawfully in the UK. It details acceptable forms of evidence, including passports, biometric residence permits, and digital eVisa status, and explains the verification process authorities must follow before granting, renewing, or revoking a licence. The guidance applies specifically to licensing functions rather than standard employment relationships.

How the Right to Work Checks Framework Operates in Licensing

Legislative Basis and Scope

The guidance draws its legal authority from provisions in the Immigration Act 2016, which extended right to work obligations beyond traditional employment into specific licensed trades, including the taxi and private hire sector. According to the updated guidance, licensing authorities are required to treat immigration status verification as a precondition of granting or renewing a licence, rather than as a discretionary check.> The guidance confirms that licensing authorities must not issue, renew, or continue a taxi or private hire vehicle licence where an applicant cannot demonstrate a valid right to work in the UK.This places a statutory duty on authorities that previously may have applied inconsistent or informal checks across different regions.### Acceptable Evidence and Verification MethodsThe guide outlines a tiered system of evidence not dissimilar to that used by employers under general right to work rules. British and Irish citizens may typically rely on passports or other nationality documents. Non-UK nationals with permission to work are directed towards the Home Office’s online right to work checking service, which reflects an individual’s digital immigration status, including eVisa records that have now largely replaced physical biometric residence permits.Licensing authorities are instructed to retain evidence of checks carried out, including the date of the check and a copy of the relevant document or online confirmation, to demonstrate compliance in the event of a Home Office audit or inspection.### Ongoing and Follow-Up ChecksWhere an applicant holds time-limited permission to remain, the guidance requires licensing authorities to schedule follow-up checks ahead of the expiry date recorded on their immigration status. This mirrors the approach employers take under sponsor licence compliance duties, ensuring that a licence is not permitted to continue once an individual’s lawful basis to work has lapsed.## Why Does This Guidance Matter for the Taxi and Private Hire Sector?The taxi and private hire sector has historically operated with a patchwork of licensing standards across different local authorities, creating inconsistencies that UK Immigration Enforcement has identified as a vulnerability. By consolidating expectations into a single guide, the Home Office aims to standardise right to work checks nationally, reducing the risk of individuals without lawful status obtaining licences in one authority area after being refused elsewhere.> According to the Home Office, inconsistent licensing practices have previously allowed individuals to exploit gaps between different local authority systems.The guidance also strengthens data-sharing arrangements between licensing authorities and the Home Office, enabling faster identification of applicants whose immigration status has changed or lapsed since an earlier check.## Implications for Licensing Authorities and OperatorsLicensing authorities face increased administrative responsibility under the new guidance, with a clear expectation that right to work checks are embedded into the licensing process from the point of application through to renewal. Authorities that fail to carry out adequate checks risk reputational and potentially legal consequences, particularly where a licensed individual is later found to lack lawful status.Private hire operators, who often engage drivers on a self-employed basis, are also likely to face closer scrutiny of their own internal verification practices, even though the primary legal duty under this guidance rests with the licensing authority rather than the operator. Industry bodies have indicated that operators may still wish to align their own onboarding procedures with the licensing authority’s verification standards to avoid disruption if a driver’s licence is subsequently challenged or suspended.## Frequently Asked Questions**Q: What are right to work checks for taxi licences?**A: Right to work checks for taxi licences are verification procedures carried out by licensing authorities to confirm that an applicant for a taxi or private hire licence has lawful immigration status permitting them to work in the UK, as required under the Immigration Act 2016.**Q: Who is responsible for carrying out right to work checks in the private hire sector?**A: Local licensing authorities, such as district and unitary councils, are responsible for carrying out right to work checks before granting or renewing a taxi or private hire vehicle licence, according to the published guidance.**Q: What documents are accepted as proof of right to work for a taxi licence?**A: Acceptable evidence includes a valid passport for British and Irish citizens, and for non-UK nationals, confirmation through the Home Office’s online right to work checking service, which reflects current immigration status including eVisa records.**Q: What happens if a licence holder’s immigration status expires?**A: The guidance requires licensing authorities to conduct follow-up checks ahead of the expiry date of an applicant’s permission to remain, and licences cannot continue where lawful status has lapsed.**Q: Does this guidance apply across the whole of the UK?**A: The guidance applies to licensing authorities in England and Wales; immigration and licensing arrangements in Scotland and Northern Ireland are subject to separate statutory frameworks.## Key Takeaways- The Home Office published the licensing authority guide to right to work checks on 1 October 2026, targeting the taxi and private hire sector.- Licensing authorities in England and Wales must verify immigration status before granting or renewing taxi and private hire licences.- Acceptable evidence includes passports, biometric residence permits, and digital eVisa status checked via the Home Office’s online service.- Authorities must conduct follow-up checks before an applicant’s time-limited immigration permission expires.- The guidance aims to standardise practices nationally and reduce inconsistencies that previously allowed gaps between different local licensing systems.## ConclusionThe licensing authority guide to right to work checks represents a significant tightening of immigration compliance obligations within the taxi and private hire vehicle sector. By placing clear statutory duties on licensing authorities to verify applicants’ immigration status at the point of application, renewal, and through ongoing monitoring, the Home Office has sought to close inconsistencies that previously existed across different regions. Licensing authorities, operators, and applicants alike will need to familiarise themselves with the updated evidentiary requirements and procedural expectations set out in the guidance to ensure continued lawful operation within the sector.

Information, not advice — reported from official sources under the SkilledVisa standards.

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