Right to Work Checks in 2026. A Guide for UK Employers
Updated: 5 days ago
What is a right to work check
A right to work check confirms that a person can legally work in the UK and undertake the role offered. Completing the prescribed check correctly can provide a statutory excuse against a civil penalty if the person is later found to be working illegally.
Do employers have to pay for digital checks
No. Eligible applicants can be checked through the free Home Office online service or a permitted manual document check. A commercial digital service may be convenient for remote or frequent recruitment, but employers are not generally required to buy software.
How to check right to work in 2026
1 Home Office online check using a share code
Obtain the applicant’s right-to-work share code and date of birth. Use the Home Office online right-to-work service to view their status, photograph and work restrictions. Confirm that the photograph matches the person and save the dated result. An applicant’s screenshot alone is insufficient.
This route applies to many eVisa holders. British and Irish citizens cannot obtain a right-to-work share code.
2 Digital identity verification
Employers can choose a Digital Verification Service for eligible British and Irish citizens. From 1 October 2026, obtaining a statutory excuse through this route requires a provider certified against the relevant framework and Right to Work supplementary code and registered for that service.
Employers must still match the verified identity to the person presenting for work and retain the required output. Check eligibility and accepted evidence with the provider.
3 Manual document checks
Obtain acceptable original documents, check that they are genuine and belong to the applicant, confirm permission for the role, and retain clear copies with the check date. British and Irish passports and certain other prescribed document combinations can be used. Physical biometric residence permits or cards cannot be accepted for this check.
What records must employers keep
Keep check evidence securely throughout employment and for two years after it ends, then securely destroy it. Retain the dated online profile, prescribed document copies or digital verification output, as applicable. Record work restrictions and schedule follow-up checks where required.
What if an applicant cannot prove their status
Use the Home Office Employer Checking Service where required, for example for certain outstanding applications, appeals or reviews. A Positive Verification Notice normally provides a statutory excuse for six months; arrange a further check before that protection expires.
What are the penalties for illegal working
Employing someone without the right to work without a statutory excuse can result in a civil penalty of up to £60,000 per illegal worker. Knowingly employing an illegal worker, or having reasonable cause to believe they cannot work, can also lead to criminal penalties.
Frequently asked questions
Can employers check right to work remotely
Yes, through an appropriate online or digital route. For a manual check, the employer must hold the original documents, even if the person is present by video. Viewing a passport image over a video call alone is insufficient; temporary COVID checks ended on 30 September 2022.
Can employers accept an expired passport
British and Irish passports may be acceptable for manual checks even when expired. Certain digital checks permit passports or Irish passport cards expired by no more than six months, subject to the prescribed requirements, including a chip read. Do not apply this rule to all documents or nationalities.
General information as at 8 October 2026. Consult current Home Office guidance before completing a check. Companies House identity verification is a separate process.