UK Right to Work Checks 2026 — What Employers Check & How to Prepare
Every UK employer must verify the right to work for every new hire before they start — no exceptions. This guide explains the three prescribed check methods, what changed when BRPs ended, how share codes work, current civil penalty levels, and what the coming gig economy extension means for your organisation.
What is a right to work check — and why does it matter?
Every employer in the UK is legally required to check that each person they hire has the right to work before employment begins. This obligation applies regardless of nationality — British citizens, Irish citizens, and international workers are all subject to the same pre-employment check. There is no discretionary element, and the check cannot be deferred until after someone has started.
Carrying out the check correctly in the way prescribed by Home Office guidance establishes what is known as a statutory excuse — a legal defence that protects the employer if it later emerges that the worker did not have valid permission to work. The statutory excuse is only available if the prescribed method was used for that specific worker's status. Using the wrong method, even in good faith, does not give you legal protection.
The regime operates under sections 15 and 21 of the Immigration, Asylum and Nationality Act 2006. The Home Office updated its employer guidance most recently on 26 June 2025, and the rules in force for checks carried out on or after 12 February 2025 reflect significant changes driven by the transition from physical immigration documents to digital eVisa status.
A right to work check is not a box-ticking exercise. It is a legal process with a prescribed method for each type of worker. Doing the wrong type of check — even if you verify something — does not create the statutory excuse. The method must match the worker's status on the date the check is performed.
The end of BRPs: the most important change for most employers
For the majority of UK employers, the single most operationally significant change in recent years has been the decommissioning of the Biometric Residence Permit. BRPs were the physical card issued to most non-EEA migrants as proof of their immigration status. They are gone.
BRPs stopped being issued on 31 October 2024. They expired as valid proof of right to work on 31 December 2024. From 1 June 2025, an expired BRP cannot be accepted for a manual right to work check under any circumstances. This is an absolute rule, not a guideline.
The problem employers face is that a BRP card may look valid on its face. It has the worker's photograph, a physical expiry date, and appears to be an official document. Accepting it as right to work evidence does not give a statutory excuse. The card has expired as a form of evidence regardless of what it shows. Every worker who previously held a BRP must now demonstrate their immigration status digitally, using a share code generated from their UKVI online account.
If a worker presents a physical BRP card, do not accept it as right to work evidence — even if the card itself has not physically expired. Ask the worker to generate a share code from their UKVI account instead. Accepting an expired BRP provides no statutory excuse and exposes your organisation to the maximum civil penalty.
The same change affects Biometric Residence Cards (BRCs) issued to EU nationals under the EU Settlement Scheme. EU Settlement Scheme holders must use the share code route. The Home Office is also phasing out the short-validity vignette stickers issued to new overseas arrivals during 2025, as workers increasingly hold only their eVisa as proof of permission to enter and work.
The three prescribed check methods
There is no single right to work check that applies to everyone. The method is determined by the worker's nationality and immigration status. Using the wrong method for a given worker does not establish a statutory excuse. Employers must identify the correct method first, then conduct the check.
Method 1 — Online share code check
This is now the mandatory and only valid method for all non-British, non-Irish workers who hold digital immigration status. This covers EU Settlement Scheme holders, Skilled Worker visa holders, all eVisa holders, Frontier Worker permit holders, Health and Care visa holders, Graduate Route holders, and any worker who previously held a BRP or BRC.
The process involves two things from the worker: a nine-character alphanumeric share code generated from their UKVI account at gov.uk/prove-right-to-work, and their date of birth. The employer enters both into the Home Office right to work checking service, which returns a real-time confirmation of the worker's current immigration status, the conditions on their permission, and any restrictions on the type of work they can do. The employer must save a copy of the result and explicitly record the date the check was performed.
Share codes expire after 90 days. If a worker provides a code that has expired, ask them to generate a new one. The code can only be used once, so the employer must check it before it is used by anyone else.
Method 2 — Manual document check (List A and List B)
Manual checks using physical documents remain valid where the worker holds documents on the Home Office List A (permanent, unlimited right to work) or List B (time-limited right to work). This route is primarily used for British and Irish citizens, and for workers whose status documents have not yet been digitised.
There are three mandatory steps. First, obtain the original document — copies and photographs on a phone are not acceptable. Second, check the document while the worker is physically present, or via a live video link while holding the original document. Third, make a clear copy, note the date the check was performed on or alongside the copy, and retain it securely.
List A documents providing unlimited right to work include: a current British or Irish passport or passport card; a UK birth or adoption certificate together with official evidence of a National Insurance number; and specific Home Office immigration status documents confirming indefinite leave to remain or right of abode. Following guidance updates in February 2025, clipped (cancelled) passports are no longer accepted. Both short and long-form birth certificates are valid when accompanied by NI number evidence.
List B documents give a time-limited right to work and require a follow-up check before the permission expires. Examples include a current passport with a vignette showing entry clearance, and a positive verification notice from the Employer Checking Service. Accepting a List B document without diarising a follow-up check is a compliance gap that removes statutory excuse protection when the permission lapses.
Method 3 — Digital Verification Service (DVS)
A Digital Verification Service check is an optional third method available only for British and Irish citizens holding a valid passport or Irish passport card. A certified DVS provider (formerly called an Identity Service Provider or IDSP) performs the verification using Identity Document Validation Technology. When the employer and provider both meet the requirements set out in the supplementary code, this provides a continuous statutory excuse.
Employers must not treat anyone who declines or cannot use a DVS check less favourably. If a worker does not have a valid passport, or does not wish to verify via a DVS, the employer must offer a manual document check instead. The DVS route cannot be the only option for workers it technically applies to.
Employer Checking Service
The Employer Checking Service (ECS) is a fallback route for workers who have an outstanding immigration application, appeal, or administrative review pending with the Home Office, and whose digital profile does not yet reflect their current status. The ECS issues a Positive Verification Notice valid for six months if the worker has permission to work. During this period, the employer has a statutory excuse.
Check method by worker type
| Worker | Correct method | Notes |
|---|---|---|
| British citizen with valid passport | Manual (List A) or DVS | Cannot use a share code. DVS is optional additional route. |
| British citizen without passport | Manual (List A) | Birth certificate + NI evidence. Cannot use DVS. |
| Irish citizen with valid passport or card | Manual (List A) or DVS | Current or expired passport valid for List A. |
| EU/EEA/Swiss — EU Settlement Scheme | Online share code only | BRC no longer valid. Must use UKVI account share code. |
| Skilled Worker / eVisa holder | Online share code only | BRP no longer valid evidence from 31 Dec 2024. |
| Graduate Route holder | Online share code only | Digital status only — no physical document issued. |
| Worker on initial 90-day vignette | Manual initially, then online | Vignette accepted on arrival; online check required once UKVI account active. |
| Outstanding application or appeal | Employer Checking Service | If share code not yet available or does not reflect current status. |
Source: Home Office Employer's Guide to Right to Work Checks, 26 June 2025
Follow-up checks and ongoing compliance
Where a worker has time-limited permission to work — a List B document, a share code showing a fixed-term leave expiry, or a Positive Verification Notice — the employer must carry out a follow-up check before that permission expires. Failing to do this removes the statutory excuse, even if the original pre-employment check was carried out perfectly.
Follow-up checks must use the same prescribed methods as the initial check. HR teams should maintain a systematic diarised reminder for any employee with time-limited status, set to trigger early enough to complete the check before expiry. An employment management system that flags upcoming expiry dates is a sensible compliance tool, particularly for organisations with a significant sponsored or international workforce.
For workers on the Employer Checking Service, the Positive Verification Notice is valid for six months. A new ECS check must be completed before this six-month period ends if the worker's outstanding application has not yet been resolved and they cannot generate a share code.
Civil penalties and enforcement
The Home Office significantly increased civil penalty levels in February 2024, and those amounts remain in force throughout 2026. The increase was substantial: a first breach that previously attracted a maximum penalty of £15,000 per worker now carries a maximum of £45,000. A repeat breach within three years now reaches £60,000 per worker.
| Breach | Maximum penalty per illegal worker | Fast-payment reduction |
|---|---|---|
| First breach | £45,000 | 30% if paid within 21 days |
| Repeat breach (within 3 years) | £60,000 | No reduction applies |
Civil penalty rates in force since February 2024. Source: Home Office
Beyond civil penalties, employers face criminal prosecution under sections 21 and 25 of the Immigration, Asylum and Nationality Act 2006. Knowingly employing someone without the right to work, or having reasonable cause to believe they lacked it, carries an unlimited fine and up to five years imprisonment. Business closure orders and director disqualification are also available sanctions.
For employers holding a sponsor licence — those who sponsor Skilled Worker, Health and Care, or other sponsored-route workers — non-compliance with right to work obligations can lead to licence downgrade, suspension or revocation. Revocation affects every sponsored worker in the organisation, who would typically have their permission curtailed, requiring them to find a new sponsor or leave the UK.
Home Office enforcement activity has intensified sharply. Between July 2024 and March 2025, enforcement visits increased by 42% compared to the equivalent prior period, with 6,784 visits and 4,779 arrests. The first quarter of 2025 saw civil penalty notices totalling over £41 million issued across 748 notices — a 40% quarterly increase. Intelligence-led targeting means businesses in hospitality, construction, food delivery, warehousing, beauty, and personal care sectors face higher scrutiny.
The non-discrimination requirement
Right to work checks must be applied consistently to every new employee. An employer who conducts checks only on people who appear to be foreign nationals — based on name, appearance, accent, or perceived background — is committing unlawful race discrimination under the Equality Act 2010. This is an independent legal breach, separate from the right to work regime, and can lead to Employment Tribunal claims and reputational damage that no civil penalty notice would create alone.
Employers also cannot insist on a single verification method when another valid route is available. Requiring all workers to use a DVS check when some workers do not have a valid passport, or refusing to accept a valid manual document from a worker who does not have a UKVI account, is not permitted.
Record keeping
All right to work check evidence must be retained securely for the duration of employment and for two years after the employment ends. The type of record required depends on the check method used. For manual checks, a clear copy of the original document with the date the check was performed explicitly noted. For share code checks, a copy of the result page from the Home Office checking service, with the date recorded. For DVS or ECS checks, the evidence provided by the service provider.
The date the check was performed is a specific legal requirement, not administrative housekeeping. The Home Office has been explicit in the 2025 guidance that simply writing a date on a copy document does not, in itself, confirm that is the actual date the check was carried out. The record must be clear, contemporaneous, and demonstrable. Home Office inspectors may request to see check records during enforcement visits.
The gig economy extension: what is coming
On 30 March 2025, the Home Secretary confirmed that the right to work obligation will be extended beyond employees to cover gig economy workers and zero-hours contract workers. Currently, the legal duty only applies to workers engaged under a contract of employment or apprenticeship. The extension changes that.
The change is expected to come into force under the Border Security, Asylum and Immigration Act 2025, with implementation anticipated during 2026. Detailed regulations and guidance are still being developed, and the precise scope — including how to distinguish a covered gig worker from genuinely self-employed individuals — remains subject to consultation. What is clear is that organisations in delivery, construction, care, hospitality, and other sectors that rely heavily on flexible or platform-mediated labour will be directly affected.
The new obligations will require checks on workers engaged under a worker's contract, not just employees. Businesses using agency staff, umbrella company arrangements, zero-hours workers, or platform-mediated labour should audit those arrangements now, before regulations come into force. Civil penalties of up to £60,000 per worker will apply to the extended regime. Specialist HR or immigration advice is strongly recommended for organisations with complex workforce structures.
What this means if you are the worker
If you are an international worker coming to the UK or already working here, understanding the right to work process from your side is just as important as it is for your employer. Your employer is not allowed to start your employment until they have verified your status. If you cannot demonstrate your right to work, even a willing employer is legally prevented from taking you on.
If you hold an eVisa — which applies to the vast majority of non-British, non-Irish workers since BRPs ended — you need a UKVI account to generate a share code. If you have not yet set one up, do so before you start a job search. Share codes are generated at gov.uk/prove-right-to-work. They expire after 90 days and can only be used once, so generate a new one for each employer who needs to verify your status.
If you have an outstanding visa application or your status is changing, tell your employer. The Employer Checking Service exists precisely for situations where a digital status is not yet reflected in the system. Your employer is entitled to use it, and doing so protects both of you during the transition period.
Employers are required to treat all workers fairly regardless of nationality. If an employer refuses to accept a valid document or demands a specific verification method that does not apply to your status, that may constitute discrimination. Advice is available from Citizens Advice or an employment solicitor.
Building a compliant process
The right to work regime has become considerably more complex in a short period. The BRP transition, the introduction of eVisa share codes, updated document lists, increasing enforcement activity, and the prospect of gig economy expansion have all landed within roughly 18 months. The employers who get into difficulty are not, in the main, those who are trying to hire illegal workers. They are those whose HR processes have not kept pace with the change — teams still using old checklists, managers who accepted a BRP because it looked official, or organisations that never built a follow-up check system.
A right to work compliance process that works in 2026 has three components: the correct method applied consistently to every new hire; a follow-up check diary for every time-limited worker; and a secure record for every check, with the date explicitly recorded. None of these is operationally difficult. Together, they are the difference between a statutory excuse and a civil penalty notice.
For international workers moving to the UK, understanding what your employer is legally required to check — and being ready to support that process with a valid share code or the correct documents — smooths the start of your employment and removes one potential obstacle from what is already a complex relocation process. See our UK Visa Guide and finding a job in the UK guide for the wider employment picture.
This guide is for general informational purposes only and does not constitute legal, HR, or immigration advice. Right to work requirements change frequently — always verify current rules against the Home Office Employer's Guide to Right to Work Checks published on GOV.UK, and seek qualified professional advice before making compliance decisions. The guidance referenced throughout this article is sourced from the Home Office employer's guide last updated 26 June 2025 and applies to checks conducted on or after 12 February 2025. Civil penalty figures are as published by the Home Office and in force since February 2024. The gig economy extension described in this article is based on government announcements made in March 2025; detailed regulations had not been enacted at the time of publication. Moving to the UK is an independent editorial resource and is not affiliated with the Home Office, UKVI, or any government body. Last verified April 2026.
Frequently asked questions
A right to work check is a legal verification every UK employer must carry out before a person starts work, to confirm they have permission to work in the UK. Conducting it correctly in the prescribed way establishes a statutory excuse — a legal defence against civil penalties if the worker later turns out not to have the right to work. The check must be done before employment begins, not after.
No. BRPs stopped being issued on 31 October 2024 and expired as valid proof of right to work on 31 December 2024. From 1 June 2025, an expired BRP cannot be accepted for a manual check under any circumstances. Workers previously holding BRPs must prove right to work via a share code through the Home Office online checking service.
The worker generates a nine-character share code from their UKVI online account at gov.uk/prove-right-to-work and provides it to the employer along with their date of birth. The employer enters both into the Home Office right to work checking service, which returns a real-time confirmation of the worker's immigration status and work conditions. The employer must retain a dated copy of the result.
The maximum civil penalty is £45,000 per illegal worker for a first breach and £60,000 for a repeat breach within three years. These rates have been in force since February 2024. Additional consequences include criminal prosecution, an unlimited fine, business closure, director disqualification, and sponsor licence revocation for employers who sponsor workers.
Yes. Every employer must carry out right to work checks on every new employee regardless of nationality, including British citizens. Conducting checks only on people who appear to be foreign nationals is unlawful race discrimination under the Equality Act 2010 and can lead to separate enforcement action.
A follow-up check is required when an employee has time-limited permission to work. It must be completed before their current permission expires. Failing to conduct a follow-up removes the statutory excuse even if the original pre-employment check was done correctly. A diarised reminder system is advisable for all time-limited workers.
Yes. The government confirmed in March 2025 that mandatory right to work checks will be extended to gig economy and zero-hours contract workers under the Border Security, Asylum and Immigration Act 2025. Implementation is expected during 2026. Detailed regulations are still being developed. Organisations in affected sectors should begin auditing their arrangements now.
Manual checks accept documents from Home Office List A (unlimited right to work) or List B (time-limited). List A includes a current British or Irish passport or passport card, a UK birth or adoption certificate with official NI number evidence, and specific Home Office status documents confirming indefinite leave or right of abode. Clipped passports and expired BRPs are not accepted. Always check the current Annex A of the Home Office employer guide before accepting any document.
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