Knowing how to correctly conduct a right to work check in the UK protects employers and employees alike. The process varies by nationality and document type, yet each step ensures legal compliance and prevents penalties. Understanding the accepted proofs, recent updates, and available online services helps avoid mistakes that can risk employment or lead to fines. This clarity supports smoother hiring decisions and worker eligibility verification.
Understanding the Right to Work Check in the UK
The process of right to work verification is a legal requirement for UK employers to confirm an employee’s eligibility before employment begins. This ensures compliance with immigration laws and avoids penalties.
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Immigration advice emphasizes that employers must verify documents based on individual circumstances. For example, British or Irish citizens can use passports or certificates, while non-UK nationals may present share codes or other immigration documents. Recent legal updates introduce digital checks, allowing some to verify status online, but original documents are still essential for others.
Employers are responsible for checking document authenticity, matching details across multiple sources, and recording verification dates. For workers with limited permission, follow-up checks are essential to ensure ongoing compliance. Failure to adhere to these checks can lead to civil penalties and other sanctions.
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Verification methods include using the gov.uk right to work check tool, which guides employers through the process, including obtaining a share code for online verification. This process aims to streamline compliance, supporting fair employment practices while maintaining immigration controls.
Key Documents and Methods for Conducting Right to Work Checks
Employers must implement an effective right to work verification process before hiring, using either original right to work documents or the online right to work check UK. For British and Irish citizens, acceptable proof includes a current or expired passport or a passport card. If these are not available, a birth certificate or an official registration/naturalisation certificate, paired with a confirmation from a previous employer or a government agency stating the National Insurance number, satisfies employer obligations UK.
Digital options for the right to work check procedures involve the gov.uk verification portal, where non-UK nationals can provide a share code for right to work. This code enables employers to confirm work eligibility UK and conduct biometric residence permit verification—crucial for those without physical immigration documents. However, British and Irish citizens cannot use a share code; manual review of physical documents is mandatory.
Employers reviewing overseas nationals’ eligibility criteria for employment must validate visa details, such as expiry date and work restrictions. If original documents are unavailable, the Home Office right to work check is requested via the employer checking service. Employers are then responsible for retaining clear, dated copies of all acceptable proof of work status for at least two years after employment ends, ensuring compliance with UK immigration compliance requirements.
Employer Responsibilities, Compliance, and Penalties
Employers’ right to work verification process starts by confirming eligibility criteria for employment before the employee begins. The law requires employer obligations UK to be carried out promptly and accurately, ensuring right to work documents are genuine and complete. Failure to meet these tasks can lead to a penalty for illegal working UK, with civil fines or criminal sanctions for ignoring UK immigration compliance.
A robust user guide for right to work checks will instruct staff on procedures such as requesting a share code for right to work for non-British or Irish employees, using the gov.uk verification portal, and checking visa validity. Conducting manual right to work checks remains essential for British and Irish citizens, who must present original documents—not share codes. For other workers, manual and digital right to work checks must strictly follow the Home Office right to work check procedures.
Employers also need to monitor the duration of check documents validity and to record and retain supporting documents for work eligibility securely. Data protection during checks and privacy of employee information are non-negotiable. Remember to conduct follow-up checks on employees with time-limited statuses—failure to do so breaches employer right to work responsibilities and may invite penalties for employers UK.
Responsibility extends to recruitment agencies with specific obligations for right to work check for agencies. Their compliance ties directly back to the employer. Regular internal audit and compliance training are best practices for ongoing UK immigration compliance.
Understanding the Right to Work Check in the UK
Employers are legally required to carry out a right to work verification process before employment begins. This means checking original documents, such as a British or Irish passport, or using the gov.uk verification portal for those with digital status. If the applicant presents a share code for right to work, employers must use the online right to work check UK system to validate immigration status.
The employer obligations UK extend to ensuring documents are genuine and unaltered, cross-checking names, birth dates, and photographs, and confirming the right to work period covers the employment duration. For non-British or non-Irish nationals, a share code is often provided, which must be used for verification—manual checks for biometric residence permits are no longer accepted.
Record keeping requirements are strict. Copies of right to work documents or results from the gov.uk verification portal must be saved securely, including passport details and all supporting documents for work eligibility. Employers need to keep these records for the entire employment period and two years after employment ends.
If the applicant cannot provide standard proof due to ongoing Home Office cases or lost documents, employers must request confirmation through the employer checking service—ensuring UK immigration compliance and protecting the business from penalties for illegal working UK.
