A UK right to work check is the employer''s legal duty to verify that every new hire has the right to do the work, before their first day. Three valid methods: online check using the worker''s share code, manual document check (for British and Irish nationals), or Identity Service Provider check using regulated IDVT software.

A correctly performed check gives the employer a "statutory excuse" against the civil penalty for employing an illegal worker (currently £45,000 per worker first offence, £60,000 repeat). Without a valid check, the employer is strictly liable.

When a check is required

• Before the first day of every new employee, however briefly. No exceptions.
• For every employee, not just non-UK nationals. Asking only certain nationalities is unlawful discrimination.
• Re-check for workers with time-limited permission to work, before their permission expires.

The three valid check methods

Method 1: Online check via share code (most workers)

Used for: non-British, non-Irish workers, and anyone who has eVisa, BRP, or settlement status.

Process:

1. The worker generates a share code via GOV.UK. Codes are valid for 90 days.
2. The employer opens check a job applicant''s right to work and enters the share code plus the worker''s date of birth.
3. The check displays the worker''s right to work — including any restrictions, conditions, and expiry date.
4. The employer screenshots / saves the result with a date stamp and the name of the person who checked.

Method 2: Manual document check (British and Irish nationals only)

Used for: British citizens, Irish citizens, and certain Commonwealth citizens with the right of abode.

Process:

1. The worker presents an acceptable document (most commonly a passport — current or expired up to 6 months, or current BRP).
2. The employer checks the document in the worker''s physical presence (or by video call with the original document held up).
3. The employer verifies the document is genuine, the photo matches, the name matches.
4. The employer takes a clear copy of the document, marks it with the date checked and "the original was examined".
5. Retains the copy with the worker''s HR file.

Note: from 6 April 2022, manual checks of biometric documents (BRPs) are no longer permitted — these MUST be done via the online check using share code.

Method 3: IDVT check (British and Irish passport holders)

Used for: British or Irish nationals with a valid passport, where the employer uses a regulated IDVT provider.

Process:

1. The employer engages a UK-certified Identity Service Provider (IDSP) — current providers include Onfido, Yoti, Trust Sign, GBG.
2. The worker uses the IDSP''s app to scan their passport and take a selfie.
3. The IDSP returns an Identity Verification Result confirming the document is genuine and matches the worker.
4. The employer retains the IDVT result and report.

IDVT can only be used for British and Irish nationals with current valid passports. Other workers still need online checks.

What constitutes a "valid" check

For the statutory excuse, the check must:

• Be done before the worker starts.
• Use one of the three methods above.
• Be of an acceptable document (online, manual, or IDVT).
• Be recorded with: date of the check, name of the checker, and copy of the evidence.

A check done on the wrong document type, the wrong day (after work has started), or not properly recorded does NOT give the statutory excuse.

Time-limited workers — the follow-up check

For workers with time-limited permission (most Skilled Worker visa holders, students, dependants), you must re-check before their permission expires.

Set the reminder when you do the initial check. The new check date should be on or before the expiry. If permission has expired and a new check hasn''t been done, continued employment is unlawful.

The follow-up check is done the same way — share code for the new visa, screenshot, retain.

Retention period

Retain right-to-work evidence for:

• The duration of employment, PLUS
• 2 years after employment ends.

For very long-serving employees, that''s decades. GDPR-compliant retention is essential — you''re holding photo ID, often a passport copy.

Civil penalty risk

Without a valid statutory excuse:

• First offence: up to £45,000 per illegal worker.
• Repeat offence: up to £60,000 per illegal worker.
• Naming and shaming: employers fined are listed quarterly on GOV.UK.
• Sponsor licence implications: an illegal-working finding typically triggers immediate licence revocation for sponsor licence holders.

The penalty applies even if the employer didn''t know the worker was illegal — it''s strict liability. The only defence is a valid statutory excuse.

Common mistakes

• Asking only "foreign-looking" candidates — unlawful discrimination, plus weakens any future statutory excuse claim.
• Check done after the first day — invalid for statutory excuse purposes.
• Photocopy without date and checker name — incomplete, may not stand up under inspection.
• Manual check on a BRP card — prohibited since 2022, must be online.
• Trusting an agency to do checks without verifying — the employer is liable, not the agency. Always retain a copy of the evidence.
• Failing to re-check time-limited workers — by far the most common cause of statutory excuse failures during audits.

What to do this month

• Audit your right-to-work check records for the last 12 months. Are all checks valid? Are time-limited workers diarised for follow-up?
• Update your onboarding workflow so the check happens before day one, every time.
• Train hiring managers on the three valid methods.
• Set diaries for follow-up checks on existing time-limited workers.