UK Right to Work Checks — What They Are, What Employers Do and What You Need
A plain-English guide to the UK's right to work system in 2026 — covering the eVisa transition, how share codes work, what documents are still accepted, what employers are legally required to do, and what the penalties are for getting it wrong.
Information only — not immigration or legal advice. Right to work requirements change — always verify current rules at GOV.UK before acting.
What is a right to work check?
Every UK employer is legally required to check that each person they hire has the right to work in the UK before employment begins — without exception. This applies to every new employee regardless of nationality, British citizens included. It is not discretionary and it cannot be skipped or deferred until after someone has started work.
The check establishes what is known as a statutory excuse — a legal defence that protects the employer if it later emerges that a worker did not have the right to work. Without a correctly completed check, the employer has no statutory excuse and is exposed to significant civil penalties and potential criminal prosecution.
For workers, understanding the system matters too. Knowing what documents you need, how to generate a share code, and what an employer is entitled to ask removes uncertainty from the hiring process and helps you start employment without delays.
- BRPs stopped being issued on 31 October 2024. Biometric Residence Permits (BRPs) are no longer issued as new documents. A manual check of an original, expired BRP is not acceptable proof of right to work.
- eVisa is now the primary status record for most migrants. Anyone previously issued a BRP should have set up a UKVI account and accessed their eVisa.
- Share codes are the standard digital check method for all non-British, non-Irish workers with digital immigration status — including EU Settlement Scheme holders, Skilled Worker visa holders, and all eVisa holders.
- Short-validity vignettes (visa stickers) are still issued to new overseas entrants for travel purposes, valid for 90 days — but the Home Office is gradually phasing these out and workers are encouraged to set up UKVI accounts before travelling.
The three types of right to work check
There is no single method for all workers. The correct check type depends on the individual's nationality and the nature of their immigration status. Employers must use the appropriate method — using the wrong one removes the statutory excuse even if the worker genuinely has the right to work.
- British or Irish passport (expired passports are acceptable for British/Irish citizens)
- Birth or adoption certificate + National Insurance number evidence
- Certificate of entitlement to right of abode
- Valid vignette (visa sticker) in a passport for new arrivals awaiting eVisa setup
- Must NOT be used for eVisa holders or anyone with digital status
- Available for British or Irish citizens with a valid passport or Irish passport card
- Worker uploads passport scan and selfie via a certified Identity Service Provider (IDSP)
- Allows fully remote right to work checks — the worker does not need to be present
- Not available for visa holders or anyone with digital immigration status
- Used by EU Settlement Scheme holders (settled and pre-settled status)
- eVisa holders — Skilled Worker, Student, Family, Graduate, Health & Care and all other routes
- Former BRP holders who have set up a UKVI account
- Frontier Worker Permit holders
- Worker provides a 9-character share code (starts with "W") + date of birth
- Employer checks at gov.uk/view-right-to-work — results are live against Home Office records
- Used when a worker has an outstanding Home Office application or appeal
- Employer contacts ECS and receives a Positive Verification Notice (PVN) if the worker has permission to work while their application is pending
- PVN is valid for 6 months — employer must conduct a follow-up check before it expires
- ECS will not usually issue a PVN where an eVisa is already available
Share codes — how they work
A share code is a unique 9-character alphanumeric code generated by the worker through their UKVI account. It allows the employer to view the worker's live immigration status directly from Home Office records without the worker needing to present any physical document.
⚠ Only share codes starting with "W" are valid for right to work checks. The UKVI system generates different codes for different purposes — "R" codes are for right to rent checks, "T" codes for travel. An employer who accepts a code starting with a different letter has not completed a valid right to work check and has no statutory excuse.
What the employer sees
When an employer enters the share code and the worker's date of birth at gov.uk/view-right-to-work, the system returns: whether the person has permission to work in the UK; any restrictions on the type of work they can do; and, where relevant, the date their permission expires. The employer must retain a copy of the results page as their record of the check.
How the worker generates a share code
Use only the official GOV.UK service. Ensure the URL ends in .gov.uk — no third-party sites can generate a valid share code.
Use the identity document linked to your status — passport, BRP number, or national ID card. Complete the two-factor authentication sent to your phone or email.
Choose this specific option — not "prove your right to rent" or "share your immigration status." The wrong selection generates a code that will not pass a right to work check.
The system generates a 9-character code beginning with "W". This code is valid for 90 days and can be used multiple times within that period. Share the code and your date of birth with your employer — they need both to complete the check.
The employer enters your share code and date of birth. The system displays your status in real time. The employer saves or prints the results page as their compliance record.
Do not wait until an employer asks. Set up your UKVI account, check that your eVisa is accessible, and confirm you can generate a share code before you begin applying for jobs. If there is a problem with your account — wrong date of birth, unlinked passport, missing status — it is far easier to resolve before you have an offer on the table with a start date.
EU, EEA and Swiss citizens
EU, EEA and Swiss nationals who were living in the UK before 31 December 2020 may have settled or pre-settled status under the EU Settlement Scheme (EUSS). This status is held digitally — there is no physical document. These workers must use a share code to prove their right to work. An EU passport or national ID card alone is no longer accepted as proof of right to work for EUSS status holders.
EU nationals who arrived after 31 December 2020 need a visa to work in the UK — typically a Skilled Worker Visa or another sponsored route. Their right to work is also evidenced through an eVisa and share code.
- Settled status (indefinite leave to remain) — no expiry on the right to work. Employers only need to conduct a check once.
- Pre-settled status — time-limited. Employers must conduct follow-up checks before the status expires and set a reminder to do so.
- EU passports and national ID cards cannot be used as stand-alone proof of right to work for EUSS holders — a share code is required.
- If you have applied to the EUSS but not yet received a decision, you may be able to work using a Certificate of Application — the employer should contact the ECS to confirm.
Follow-up checks — when employers must repeat the process
Where a worker's right to work is time-limited — for example, they hold a Skilled Worker Visa, pre-settled status, or a Graduate Visa — the employer must conduct a follow-up check before that permission expires. Failing to do so removes the statutory excuse even if the original check was completed correctly.
Employers should maintain a record of when each time-limited worker's permission expires and set reminders to conduct the follow-up check in advance. The follow-up check follows the same process as the initial check — a new share code generated by the worker, checked by the employer at gov.uk/view-right-to-work.
- A clear copy of the document checked or the results page from the online share code check
- The date the check was made
- Records must be kept for the duration of employment plus 2 years after the employment ends
- Records can be stored digitally — there is no requirement to retain physical copies
Penalties for non-compliance
The consequences of employing someone without the right to work — or failing to complete a correct check — are significant. Civil penalties were significantly increased in February 2024 and remain at these levels in 2026.
| Breach type | Civil penalty | Criminal exposure |
|---|---|---|
| First breach — employing illegal worker | Up to £45,000 per worker | Possible if negligence is found |
| Repeat breach — same employer | Up to £60,000 per worker | Higher risk of prosecution |
| Knowingly employing illegal worker | Civil penalty + criminal charge | Up to 5 years' imprisonment + unlimited fine |
| Correct check completed before employment | Statutory excuse — no penalty | Protected |
For licensed sponsors — employers who sponsor workers on Skilled Worker, Health and Care Worker, or other sponsored routes — non-compliance with right to work obligations can also result in sponsor licence downgrade, suspension or revocation, which affects all sponsored workers at that organisation. See our Skilled Worker Visa guide for more on sponsorship obligations.
Non-discrimination — what employers cannot do
Right to work checks must be applied consistently to every new employee — not only to those who appear to be foreign nationals. Carrying out checks only for certain employees based on name, appearance, accent or perceived nationality is unlawful discrimination under the Equality Act 2010.
Employers also cannot insist on a single verification route where another valid method is available. For example, an employer cannot refuse to accept a valid manual document from a worker who does not have a UKVI account, if that manual document is on the Home Office's accepted list. Insisting on a share code in a way that disadvantages workers from particular backgrounds could itself constitute discrimination.
If an employer refuses to hire you solely because you could not provide a particular form of documentation — and you provided a valid alternative — this may constitute unlawful discrimination. Seek advice from ACAS (0300 123 1100) or a qualified immigration or employment solicitor if you believe you have been treated unfairly during a right to work check.
What to prepare before you start a new job
As a worker, your responsibility is to provide the evidence your employer needs to complete a valid check. If you hold digital immigration status, this means ensuring your UKVI account is accessible and your eVisa details are correct well in advance of your start date.
- British or Irish citizens: Your passport is sufficient — even an expired one. If you do not have a passport, a birth or adoption certificate combined with evidence of your National Insurance number works for a manual check. For a remote DVS check, you will need a valid passport.
- eVisa holders (all routes including Skilled Worker, Graduate, Student, Family, H&C Worker): Log in to your UKVI account at gov.uk/prove-right-to-work and generate a share code beginning with "W". Provide the code and your date of birth to your employer. The code is valid for 90 days.
- EU Settlement Scheme holders: Generate a share code through your UKVI account exactly as above. Your EU passport or ID card alone is not sufficient.
- Pending application (applied to extend or switch): You may still have the right to work while your application is being processed. Ask your employer to contact the Home Office Employer Checking Service — they will receive a Positive Verification Notice if you are permitted to work.
- New arrivals with a vignette (visa sticker): You can use the vignette as evidence of your right to work for the 90 days it is valid. Set up your UKVI account as soon as you arrive in the UK to access your eVisa for any checks after that point.
Frequently asked questions
Yes. Right to work checks are required for every new employee regardless of nationality. An employer who only checks non-British workers is both failing to comply with the law and potentially committing unlawful discrimination. British and Irish citizens typically verify their status using a passport (including an expired one) or a birth certificate plus National Insurance number evidence. British and Irish passport holders can also be verified remotely through a certified Identity Service Provider (DVS check).
No — not as a physical document. BRPs ceased to be issued on 31 October 2024 and a manual check of an original BRP (including expired ones) is no longer acceptable proof of right to work. If you previously held a BRP, you should have created a UKVI account and accessed your eVisa. You can then use the eVisa to generate a share code for any right to work check. Some BRP holders can still use their BRP number to access the UKVI online service and generate a share code — the share code itself is the valid evidence, not the physical card.
Share codes are valid for 90 days from the date generated. If yours expires before the employer completes the check, simply generate a new one through your UKVI account — the process takes a few minutes. There is no limit on how many share codes you can generate. It is worth generating a fresh code close to your start date rather than weeks in advance, to ensure it remains valid for the initial check and any early follow-up the employer may need to conduct.
No. Employers must accept any valid proof of right to work that complies with the regulations. They cannot insist on a specific document type — for example, they cannot refuse a valid manual document in favour of a share code, or vice versa, if a compliant alternative is provided. Demanding additional documents beyond what the law requires — or selectively requiring extra documentation from workers of particular nationalities — can constitute unlawful discrimination. If this happens to you, contact ACAS for advice.
Yes — pre-settled status is time-limited and your employer must conduct a follow-up right to work check before your status expires. You should inform your employer of your status expiry date and generate a new share code in advance of that date so the follow-up check can be completed. If you apply to upgrade to settled status before your pre-settled status expires, inform your employer so they can manage the timing of the follow-up check correctly. If you are mid-application, the Employer Checking Service can issue a Positive Verification Notice to cover the gap.
Contact the UKVI Resolution Centre as soon as possible — do not wait until your start date. You can reach them via the GOV.UK "Contact UK Visas and Immigration" page. Common issues include incorrect date of birth on the account, a passport that needs to be re-linked, or status that has not updated following a visa grant. If the issue cannot be resolved before your start date, ask your employer to contact the Employer Checking Service, which can issue a Positive Verification Notice to allow work to begin while the account issue is resolved.
This guide is for general information only and does not constitute immigration or legal advice. Right to work requirements change frequently — always verify current rules and guidance at GOV.UK before acting. Employer guidance sourced from GOV.UK's Employer's Guide to Right to Work Checks (26 June 2025).
Need a visa to work in the UK?
Every UK work route explained — Skilled Worker, Health & Care, Global Talent, Graduate and more — all sourced from GOV.UK.