Right-to-work check (UK)

How it works

A right-to-work check must be completed before employment starts and gives the employer a statutory excuse against the civil penalty for employing an illegal worker. The Home Office Employer's guide to right to work checks (26 June 2025) sets out three valid methods. The first is a manual document-based check: the employer obtains the original document(s), checks them in the presence of the holder, and keeps a clear copy with the date of the check. The second is a Home Office online check using a share code the applicant generates on Prove your right to work to an employer. The employer enters the 9-character code (which must start with the letter "W") plus the applicant's date of birth at Check a job applicant's right to work: use their share code. Share codes are valid for 90 calendar days. The third is a check via a certified Digital Verification Service (DVS) — the term that replaced "IDSP" and "IDVT" in the 26 June 2025 update — which is only valid for British and Irish citizens with a valid passport or Irish passport card. The register of certified DVS providers is on gov.uk.

Documents fall into two annexes. List A documents — for example, a British or Irish passport, or a passport showing indefinite leave to enter or remain — establish a continuous statutory excuse and need no follow-up. List B documents — for example, a current passport with limited leave to enter or remain, or a Certificate of Application less than six months old — give a time-limited excuse and require a follow-up check on or before the date the permission expires. The two lists are set out in Annex A of the Home Office Employer's Guide.

Where the applicant cannot provide a share code or acceptable documents — for example, an outstanding application, an appeal, or a long-term resident who arrived before 1988 — the employer must use the Home Office Employer Checking Service to request a Positive Verification Notice. Records of every check (method, document type, date) must be kept securely for the duration of employment plus two years after employment ends, then securely destroyed.

What it isn't (common confusions)

It isn't optional for British citizens. The Home Office guide states employers must "be consistent in how you conduct right to work checks on all prospective employees, including British citizens" (gov.uk, section 3). Skipping the check for someone who "sounds British" is unlawful and removes the statutory excuse if you later need it.

It isn't a one-time check for List B holders. Time-limited permissions require a follow-up on or before the expiry date. Missing a follow-up means the statutory excuse lapses and the employer becomes liable for a civil penalty if the worker no longer has the right to work.

It isn't a defence against discrimination if applied selectively. Checking only "foreign-looking" applicants, or making assumptions on the basis of accent, surname, nationality or ethnic origin, is unlawful under the Equality Act 2010 and the Home Office Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working. Tribunal compensation for race discrimination has no upper limit. A P45, an offer letter, a National Insurance number or a payslip from a previous employer does not satisfy the check — none of those documents appears on List A or List B.

How WagePerks does this

WagePerks HR records the check method used (manual, online share code, or DVS), the document or share code reference, the date the check was conducted, and — for List B holders — the follow-up due date with automated reminders. Encrypted copies of evidence are stored under UK GDPR for the duration of employment plus two years, then queued for secure deletion. HR is one of eleven modules included at £4.50 per employee per month, all-in, rolling monthly. Full feature parity in any modern browser; native iOS and Android apps launching Q3 2026.

Related on WagePerks

HR management feature — where RTW records live
UK SME RTW checks guide 2026 — step-by-step with worked examples
Pricing — what's included at £4.50 PEPM

Sources

Employer's guide to right to work checks (26 June 2025) — gov.uk Home Office — three valid methods, List A/B, retention of duration + 2 years, discrimination duty
Penalties for employing illegal workers — gov.uk — current civil penalty of up to £60,000 per illegal worker; up to 5 years' imprisonment and unlimited fine for knowingly employing
Check a job applicant's right to work: use their share code — gov.uk — the Home Office online check service
Prove your right to work to an employer: get a share code — gov.uk — the applicant-side service used to generate the 9-character share code
Use the Employer Checking Service — gov.uk — when the applicant cannot provide acceptable documents or a share code
Digital identity certification for right to work, right to rent and criminal record checks — gov.uk — register of certified Digital Verification Service (DVS) providers
Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working — gov.uk — applying checks consistently to all candidates
Equality Act 2010 — legislation.gov.uk — race discrimination remedies in recruitment

Sources verified 2026-06-10. We re-verify quarterly.

Common questions

What is the maximum fine for hiring someone without a valid right-to-work check?

The civil penalty is up to £60,000 per illegal worker, as set out by the Home Office in its [penalties for employing illegal workers guidance](https://www.gov.uk/penalties-for-employing-illegal-workers). The figure tripled from £20,000 in February 2024 and remains current on gov.uk as of 10 June 2026. If you knowingly employ someone without the right to work, you can also face up to five years' imprisonment and an unlimited fine.

Can I use a passport copy that an applicant emailed to me as a valid right-to-work check?

No. A manual check requires you to obtain the **original** document, check it in the holder's physical presence or by live video call while holding the original, and keep a dated copy. Where you cannot see the original, you must use the Home Office online share-code service or a certified Digital Verification Service instead — see the [Home Office Employer's Guide](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide).

How long do I need to keep right-to-work records after an employee leaves?

You must keep the check record (copy of the document, share-code profile page, or DVS evidence, plus the date of the check) for the duration of the employment **and for a further two years after employment ends**. The record must then be securely destroyed. This is set out at page 15 of the [Home Office Employer's Guide (26 June 2025)](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide).