TL;DR: UK employers must conduct right to work checks before hiring any worker. In 2026, three lawful methods exist: manual document checks, online Home Office share code checks, and certified IDSP checks for British and Irish nationals. Completing checks correctly grants a statutory excuse against civil penalties of up to £60,000 per illegal worker.
Why Right to Work UK Compliance Remains Critical for Every Employer
Right to work UK obligations apply to every employer operating in the United Kingdom, regardless of sector, size, or the nationality of the worker being hired. Failure to verify that a prospective employee has the legal right to work before their first day of employment exposes businesses to significant financial penalties, reputational damage, and — in the most serious cases — criminal prosecution.
The Home Office publishes and regularly updates its statutory guidance, ‘An Employer’s Guide to Right to Work Checks’, which sets out the precise steps employers must follow to establish a lawful statutory excuse. The 2026 framework consolidates three accepted check methods: manual document verification, the online Home Office Employer Checking Service using a share code, and checks conducted through a certified Identity Service Provider (IDSP). Understanding which method applies in which circumstance — and executing it correctly — is the cornerstone of employer compliance UK-wide.
This article provides a comprehensive technical reference for HR teams, in-house legal counsel, and business owners navigating these obligations.
What Is a Right to Work Check in the UK?
A right to work UK check is the legally mandated process by which an employer verifies that a job applicant or existing employee is permitted to undertake the work in question in the United Kingdom. According to the Home Office statutory guidance, employers must conduct this check before employment begins. A correctly completed check establishes a ‘statutory excuse’, which protects the employer from a civil penalty if it subsequently emerges that the individual did not have the right to work. The check must be repeated for workers whose permission to work in the UK is time-limited.
The Three Lawful Methods for Conducting Right to Work Checks
Manual Document Checks
Manual document checks remain a lawful method for all workers and are the baseline approach codified in the Home Office guidance. Under this method, employers must:
- Obtain original documents from one of the two lists set out in the guidance (List A for workers with a permanent right to work; List B for those with a time-limited right);
- Check the documents in the physical presence of the holder — remote inspection of physical documents does not satisfy the requirement;
- Satisfy themselves that the documents are genuine, belong to the holder, and permit the type of work being offered;
- Retain a clear copy of the document and record the date the check was performed.
Key Rule: According to the updated guidance, employers must check that photographs across all documents are consistent with the appearance of the individual and that dates of birth are consistent across documents.
List A documents — such as a British passport or a permanent residence document — confer an indefinite statutory excuse. List B documents — such as a Biometric Residence Permit (BRP) with an expiry date or a visa vignette — confer a time-limited statutory excuse, and a follow-up check must be performed when that permission expires.
Online Share Code Checks via the Home Office Service
For workers who hold a digital immigration status — including those who hold an eVisa, a BRP-linked status under the EU Settlement Scheme, or any biometric immigration document — employers are strongly directed by the Home Office to use the online right to work checking service rather than relying solely on physical documents.
The share code UK visa process works as follows:
- The worker generates a nine-character share code through the UK Visas and Immigration (UKVI) ‘View and Prove’ service at gov.uk;
- The employer uses that share code, together with the worker’s date of birth, to access the Home Office online checking portal;
- The portal returns a real-time confirmation of the worker’s right to work status, including any conditions or restrictions.
Important: The Home Office states that employers who conduct a check via the online service and receive a ‘clear’ confirmation have established a full statutory excuse — provided they retain a screenshot or printed record showing the worker’s photograph, the date of the check, and the result.
The online share code method is the only way to verify the status of those who hold an eVisa, as they have no physical immigration document. Attempting a manual document check for an eVisa holder will not satisfy the employer’s obligations and will not confer a statutory excuse.
Identity Service Provider (IDSP) Checks for British and Irish Citizens
Since April 2022, employers have been permitted to use the services of a certified Identity Service Provider (IDSP) to conduct right to work checks remotely for British and Irish citizens who hold a valid passport (including an Irish passport). This represents a significant shift in how employer compliance UK firms can manage onboarding at scale.
IDSPs use Identity Document Validation Technology (IDVT) to verify the authenticity of identity documents digitally. The IDSP must be certified to the UK Digital Identity and Attributes Trust Framework. A list of certified providers is maintained by the Department for Science, Innovation and Technology.
For an IDSP check to confer a statutory excuse, the check must achieve at least a ‘Medium’ level of confidence as defined by the trust framework. Employers retain responsibility for ensuring the photograph returned by the IDSP is consistent with the appearance of the individual they are hiring. Simply receiving an IDSP report without reviewing it does not satisfy the employer’s duty.
Key Limitation: IDSP checks are only available for British and Irish citizens with a valid passport. Workers with other nationalities, or British citizens who do not hold a valid passport, cannot be checked via this route and must be verified using the manual or online share code method instead.
How Is the Statutory Excuse Obtained — and When Does It Lapse?
The statutory excuse is the legal protection that shields an employer from a civil penalty for illegal working. It is not automatic — it must be actively established through a correctly completed check. According to the Home Office guidance, the statutory excuse is obtained at the point the check is conducted, provided all prescribed steps are followed.
For time-limited permissions, the statutory excuse lapses when the worker’s leave expires. Employers must therefore operate a system to monitor expiry dates for all workers on List B documents or time-limited eVisa permissions. A follow-up check must be conducted — using the appropriate method — before or as soon as possible after the expiry date.
Where an employer has complied fully with all check requirements but the worker has used fraudulent documents, the employer retains the statutory excuse provided the fraud was not reasonably apparent. The Home Office guidance makes clear, however, that an employer who knew or had reasonable cause to believe a worker did not have the right to work cannot rely on the statutory excuse, regardless of whether a check was conducted.
Civil Penalty Levels and Aggravating Factors
Employers found to have employed a worker without the right to work — and without a valid statutory excuse — face a civil penalty for illegal working. The current maximum penalty is £60,000 per illegal worker, a level that reflects upward revisions introduced by the Home Office in January 2024 and carried forward into 2026.
The penalty level applied to a specific employer is determined by a scale that takes into account:
- Whether it is a first offence or a repeat breach — a business with a prior civil penalty within the last three years faces the maximum rate;
- Aggravating factors, including active concealment of illegal workers, a failure to cooperate with Home Office investigators, or evidence that the employer was operating a business model reliant on illegal labour;
- Mitigating factors, such as proactive reporting to the Home Office, cooperation with enforcement, and robust HR policies demonstrating good-faith compliance efforts.
Current Civil Penalty Scale (2026): Up to £60,000 per illegal worker for employers with aggravating factors or repeat breaches; a reduced rate may apply to first-time breaches with mitigating factors, at the discretion of the Home Office.
Separately, employers who knowingly employ illegal workers — or who have reasonable cause to believe a worker has no right to work — may face criminal prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006, carrying an unlimited fine and up to five years’ imprisonment for responsible individuals.
Implications for Employers and HR Teams
Every employer in the UK — whether a sole trader, an SME, or a large corporate — bears the same statutory obligation to conduct right to work checks. HR teams and compliance officers should ensure that onboarding workflows clearly specify which check method is applicable to each new starter based on their nationality and document type.
Employers sponsoring overseas workers under the Skilled Worker or other work routes should be aware that a valid share code UK visa confirmation from the Home Office portal supersedes the need for a physical document check for those workers. Sponsored workers’ visa conditions must also be confirmed to ensure the role offered aligns with the conditions of leave.
Internal audit programmes reviewing historic check records are advisable, particularly given the Home Office’s increased enforcement activity. Records of every check — including the date, the documents or digital confirmation reviewed, and the identity of the person who conducted the check — must be retained for the duration of employment and for two years after employment ends.
Frequently Asked Questions
Q: Can a right to work check be done remotely in 2026? A: Yes, but only through lawful digital routes. Online share code checks via the Home Office portal may be conducted remotely. IDSP checks for British and Irish passport holders may also be conducted remotely. Manual document checks, however, require the original documents to be examined in the physical presence of the holder and cannot be conducted via video call or by reviewing scanned copies.
Q: What happens if a worker cannot provide a share code? A: If the worker holds a physical immigration document such as a BRP that has not yet been replaced by an eVisa, the employer may conduct a manual document check using that BRP. Where a worker’s status is digital-only and they are unable to generate a share code, the employer should contact the Home Office Employer Checking Service directly.
Q: How long must right to work check records be kept? A: According to the Home Office guidance, employers must retain copies of documents or digital check confirmations for the duration of the individual’s employment and for a further two years after employment ends. These records must be produced to the Home Office on request.
Q: Does the civil penalty for illegal working apply if the employer was deceived by a fraudulent document? A: An employer who conducted a proper check in good faith but was deceived by a document whose fraud was not reasonably apparent retains the statutory excuse and is not liable for the civil penalty. The excuse does not apply if the fraud was reasonably detectable or if the employer had reason to suspect the worker lacked the right to work.
Q: Are IDSP checks sufficient on their own for British nationals? A: An IDSP check meeting at least the ‘Medium’ confidence level under the UK Digital Identity Trust Framework is sufficient to establish a statutory excuse for British and Irish passport holders. Employers must still review the output personally to confirm the photograph matches the individual and retain the IDSP report as evidence.
Key Takeaways
- Right to work UK checks must be completed before the first day of employment for every worker, regardless of nationality.
- Three lawful methods exist: manual document checks, online Home Office share code checks, and IDSP checks (British and Irish passport holders only).
- A correctly completed check establishes a statutory excuse, protecting the employer from civil penalties if the worker is later found to lack the right to work.
- Civil penalties for illegal working reach up to £60,000 per illegal worker in 2026, with higher rates for repeat breaches and aggravating factors.
- Check records must be retained throughout employment and for two years after the employment relationship ends.
Conclusion
Right to work UK compliance is a non-negotiable legal obligation for all employers. The 2026 framework offers three clear pathways — manual checks, online share code verification, and certified IDSP services — each designed for specific worker profiles. Establishing and retaining a proper statutory excuse is the employer’s primary defence against civil penalty for illegal working exposure. As the Home Office continues to increase enforcement activity, robust, well-documented checking processes remain the most effective safeguard available to businesses of every size. Employers seeking further detail should consult the official guidance published at gov.uk.