Who has the right to work in the UK?

British citizens, Irish citizens, those with settled status or ILR, and people holding valid work visas all have the right to work. Each group has different documentation to prove their status. The right to work must be verified before employment begins.

How do employers check right to work?

Employers can check right to work through three methods: an online check using the Home Office online service with a share code, a manual document check with original documents, or via an Identity Document Validation Technology service provider for British and Irish passport holders.

What documents prove right to work?

Accepted documents include British or Irish passports, eVisa share codes, BRP cards (being phased out), and certain combinations of a birth certificate plus a National Insurance number or immigration documents showing work permission.

When must a right-to-work check be done?

The check must be done before the employee starts work. Not on their first day, not during the first week, but before they begin any work. Retrospective checks do not establish a statutory excuse.

Right to Work in the UK: Complete Employer and Employee Guide 2026

Right-to-work checks are a legal requirement for all UK employers. They must be conducted before employment starts. Employees must provide acceptable documents or share codes. This guide covers the checking process, accepted evidence, and what happens when things go wrong.

Who Has the Right to Work?

The right to work in the UK depends on your immigration status:

British citizens: Unrestricted right to work.
Irish citizens: Unrestricted right to work under the Common Travel Area.
Settled status / ILR holders: Unrestricted right to work. Prove via eVisa share code.
Work visa holders: Skilled Worker, Graduate route, Global Talent, and other work visas permit employment with conditions.
Spouse/partner visa holders: Spouse visas generally allow work without restriction.
Student visa holders: Student visas allow limited work (usually 20 hours per week during term).

The Three Checking Methods

1. Online Check

The Home Office online checking service is the preferred method for employees with eVisas or digital immigration status. The employee generates a share code from their UKVI account and provides it to the employer along with their date of birth.

2. Manual Document Check

For employees presenting physical documents, the employer must:

Obtain original documents from the employee.
Check documents in the employee's presence.
Verify they are genuine, belong to the person, and allow the work offered.
Make and retain clear copies.
Record the date of the check.

3. IDVT Check

For British and Irish citizens with valid passports, employers can use a certified Identity Service Provider to conduct the check digitally. This is useful for remote hiring.

Timing

The check must be completed before the employee starts work. A retrospective check (conducted after work has begun) does not establish a statutory excuse and leaves the employer exposed to civil penalties.

For employees with time-limited permission, follow-up checks must be conducted before their permission expires. Set calendar reminders when conducting the initial check.

For Employees: Proving Your Right to Work

As an employee, you need to provide one of the following:

Your British or Irish passport (current or expired)
A share code generated from your UKVI online account
Your BRP card (while still valid)
Other acceptable documents from the Home Office's approved lists

If you have a pending visa application and are covered by Section 3C leave, your employer can use the Employer Checking Service to verify your right to work.

Follow-Up Checks

If an employee has time-limited right to work, the employer must check again before the permission expires. If the employee has applied to extend their visa:

Check whether they are covered by Section 3C leave.
Use the Employer Checking Service to obtain a Positive Verification Notice.
Repeat the check every 6 months while the application is pending.

Discrimination

Employers must check all employees equally, regardless of nationality, appearance, or accent. Checking only certain groups is discriminatory and illegal under the Equality Act 2010. The same process must be applied to every new hire.

Record Keeping

Employers must keep copies of all right-to-work documents for the duration of employment plus 2 years after employment ends. Records should include:

Clear copies of all documents checked (or screenshots of online check results)
The date each check was conducted
For online checks, the profile page showing the employee's photo and right-to-work details

Next Steps

Employers should review their current checking processes. Employees should ensure they have the right documents or share codes ready before starting work.

Related guides:

Right to Work in the UK: What Employers and Employees Need to Know