Right to work checks are a legal requirement for all UK employers, covering every worker regardless of nationality, including British and Irish citizens. Checks must be completed before employment commences.
From 1 October 2026, right to work checks will extend to many contractors, subcontractors and platform workers, creating new immigration compliance obligations across supply chains for skilled workers and other UK visa routes.
Employers who complete checks correctly using the prescribed method establish a statutory excuse, protecting against civil penalties of up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches.
There are three types of right to work checks: the Home Office online service, manual document checks, and digital identity verification through approved providers using identity document validation technology. Each worker’s immigration status determines which method applies.
Let us guide you on how these checks work with recent legislative changes for October 2026.
Latest Changes to UK Right to Work Legislation for October 2026
The legal basis for right to work checks sits in the Immigration, Asylum and Nationality Act 2006 (sections 15 to 25) and the Immigration Act 2016, which introduced criminal liability where employers know or have reasonable cause to believe a worker lacks permission.
Changes to right to work checks were first implemented on 30 March 2020, when COVID-era adjustments and digital checking processes were introduced. Since then, the framework has continued to evolve.
The most recent overhaul comes from secondary legislation laid under the Border Security, Asylum and Immigration Act 2025. On 30 June 2026, the Government published a Written Ministerial Statement confirming that updated Regulations and Codes of Practice will take effect on 1 October 2026. The draft Employer’s Guide to Right to Work Checks was published on 16 July 2026.
Pre-October 2026
- Right to work checks apply to employees under a contract of employment
- Subcontractors and gig workers are outside scope in most cases
- Physical biometric residence permits are accepted alongside online checks in some circumstances
From 1 October 2026
- Right to work checks expand to individuals under contracts for services, including certain subcontractors, online matching service providers and gig economy workers
- Extended liability under section 15A of the 2006 Act allows entities higher up a supply chain to be held accountable for illegal working where they benefit from a non-compliant worker’s services
- Physical BRPs are no longer acceptable for right to work checks; the online check is now the standard for most migrant workers
- Digital immigration status and eVisa records replace many physical documents
- Updated codes of practice on preventing illegal working and avoiding discrimination apply from 1 October 2026
Home Office guidance and the code of practice on avoiding illegal working discrimination were republished ahead of October 2026. Employers must follow these most recent versions.
What Is a Right to Work Check?
A right to work check is the prescribed process a UK employer must follow to confirm a person’s legal permission to work in the UK before employment or engagement begins. It involves verifying original documents or digital immigration status, confirming the person presenting the evidence is the same person in the document or photo, and retaining dated evidence of the check.
Performing checks correctly offers a statutory excuse against civil penalties. If the Home Office later discovers illegal working, the employer can rely on the statutory excuse provided they did not know or have reasonable cause to believe that the worker was disqualified. Without a compliant check, the employer is exposed to penalties even if the worker was, in fact, entitled to work.
Right to work checks are distinct from DBS checks, professional registration or reference verification. They are required for all workers, not only migrant workers or those who appear to be foreign nationals.
For individuals who need to understand their own work eligibility, our guide on Right to Work in the UK for Migrants explains what you must submit to a prospective employer.
What Does Right to Work Law Require of UK Employers?
Every prospective employee must have a right to work check before work begins. This includes British passport holders, Irish citizens, EU Settlement Scheme status holders with settled status or pre settled status, sponsored workers under the points based immigration system, and casual or zero-hours staff.
The current Home Office Employer’s Guide to Right to Work Checks set out four core duties:
- Check and record each worker’s right to work before employment starts. Employers must conduct right to work checks before employment commences, with no grace period for starting work first and checking later.
- Use a legally recognised method. Employers must use the correct method for each worker’s status. Using the wrong route risks invalidating the statutory excuse.
- Keep evidence securely. Employers must retain evidence of checks for two years post-employment, stored in a format that cannot be manually altered.
- Conduct follow up checks where immigration permission is time limited, such as a Skilled Worker visa or pre settled status under the EU Settlement Scheme.
What is not changing in 2026: the requirement to treat all applicants consistently regardless of race or nationality remains. The core statutory excuse concept stays the same. Employers should not require different checks based on a person’s appearance.
For licensed sponsors, right to work obligations sit alongside sponsor licence duties under the Immigration Rules and Appendix D. If your business holds a licence or is considering one, read our blog on UK Sponsor Licence.
How to Carry Out a Right to Work Check
Employers can use three methods for right to work checks: the Home Office online service, manual checks of original documents, and digital identity verification through a certified identity service provider. These are the only routes that establish a statutory excuse.
Where none of the three standard methods can confirm status, the employer checking service provides a fourth route, covered below.
Home Office Online Checks and Share Codes
Most non-British and non-Irish nationals now prove their right to work via a Home Office online check. The online check is the standard for most migrant workers, replacing reliance on physical documents. The process works as follows:
- The worker generates a nine-character share code from their UKVI account or digital immigration status page, valid for 90 days.
- The employer enters the individual’s share code and date of birth into the Home Office online service at gov.uk.
- The employer compares the photo displayed on the online status page with the person presenting the check, either in person or via a live video call.
- The employer confirms the role is permitted by the immigration conditions shown (for example, working hours restrictions on a Student visa).
- The employer saves a clear PDF or screenshot showing the worker’s name, photo, type of permission, expiry date and the date the check was completed.
Physical biometric residence permits, biometric residence cards and frontier worker permits are no longer acceptable as standalone evidence. Employers must use the person’s digital immigration status checked online.
Manual Document Checks
Manual checks apply where a person’s status cannot or does not need to be checked online. This covers a British citizen with a valid passport, an Irish citizen with a current Irish passport or Irish passport card, and holders of certain legacy documents on Home Office List A or List B.
Three steps:
- Obtain original documents from the worker. No photocopies, screenshots or uncertified scans. The original document must be physically inspected.
- Check validity. Employers need to verify that documents are genuine and match the applicant. Look for signs of tampering, confirm the photo and date of birth match the person presenting the document, and check the expiry date. An expired passport from a British or Irish citizen may still be acceptable if it appears on the relevant Home Office list.
- Copy and record. Make clear, unalterable copies of the relevant pages (photo page, any visa endorsements, biometric details) and record the date of the check.
Typical acceptable documents for manual checks include:
- A current or expired British passport
- A current Irish passport or Irish passport card
- A UK birth certificate or adoption certificate combined with an official document showing a national insurance number (for example, a P45 or P60 from a previous employer)
- A marriage certificate alongside other acceptable proof of identity
Employers must not accept physical biometric residence permits in place of an online check where digital immigration status is required, even if the card has not passed its expiry date.
Digital Verification Providers and Identity Document Validation Technology
Identity document validation technology is a Home Office-recognised method for verifying the identity of a British or Irish citizen with a valid passport or passport card. Employers engage a certified digital verification service provider to carry out the check.
- The worker uploads their passport and a selfie image to the provider’s platform.
- The provider’s system checks document authenticity (security features, MRZ data, chip content where applicable) and performs a facial match.
- The employer receives a verification report, which they store alongside evidence that the person responsible for hiring confirmed the individual’s likeness, either in person or via video call.
This route is only available for British and Irish citizens with valid passports or passport cards. It cannot verify any kind of immigration status or immigration status document for migrant workers.
Employer Checking Service
The employer checking service is a Home Office service that employers use when a worker cannot show online or manual evidence but claims to have an outstanding application, administrative review or appeal that extends their right to work.
Use the ECS when:
- A worker has an in time application pending (for example, a Skilled Worker extension submitted before the current visa expired)
- The worker holds an Application Registration Card
- The worker says they have been granted an eVisa but their digital record is not yet live on the Home Office online service
The employer submits an online ECS request. If the Home Office confirms the person has a right to work, it issues a positive verification notice, which provides a time limited statutory excuse, usually valid for six months. The employer must keep the positive verification notice on file and diarise a follow up check before the notice expires.
If the ECS cannot confirm a right to work, the employer must not allow the individual to start work until lawful evidence is provided. For guidance on eVisa status issues, learn how to Check Immigration Status with an eVisa.
Who Is Responsible for Agency Workers and Subcontractors?
The legal responsibility for right to work checks normally sits with the employer named in the employment contract. From 1 October 2026, some hirers and principal contractors may also face liability if they knowingly benefit from illegal working in their labour supply chain.
Two scenarios illustrate the boundary:
Covered Arrangement
A construction firm engages subcontracted labour on site, setting daily hours and specific tasks. The firm directs and supervises the workers alongside its own employees.
Under the October 2026 rules, this firm should require proof that the subcontractor has completed right to work checks for every individual on site. The firm may need to conduct its own identity checks, and it must include contractual clauses requiring the subcontractor to maintain immigration compliance, report any change in an individual’s status and cooperate with audits.
Excluded arrangement
A law firm commissions a specialist translation company to deliver certified translations offsite. The translation company recruits, manages and pays its own staff. Right to work checks remain that company’s responsibility; the law firm is not expected to duplicate them because this is a genuine business-to-business arrangement.
Umbrella Companies and Temporary Staffing
Contracts between the agency, the umbrella company and the end hirer should contain clear clauses identifying the person responsible for right to work checks, including the checking process for any substitute workers. Platforms and online matching services that exercise control over workers’ activities after 1 October 2026 will need to build right to work checks into their onboarding flows.
Employers with complex supply chains should seek legal advice on drafting these clauses. Our guide on Immigration Compliance for Employers outlines the support available.
Do the New Rules Apply to Existing Workers and Contracts?
The October 2026 changes do not create a blanket requirement to recheck every existing employee. Their effect depends on the type of worker and the status of prior checks.
- Existing employees with a compliant check. If a fully compliant right to work check was carried out before 1 October 2026 and gave a continuous statutory excuse (for example, a manual check of a valid British passport), no fresh check is needed merely because the law has changed. The existing employee retains the same protection.
- Time limited permissions. Workers on visas with an expiry date, such as Skilled Worker or pre settled status, already require follow up checks. This does not change. Employers must conduct follow up checks for employees with time limited permissions before the permission expires to maintain the statutory excuse.
- New engagements from 1 October 2026. Contractors, subcontractors and platform workers who were previously outside scope will need initial right to work checks if their working arrangement falls within the expanded definition. Even where an older contract did not require a check, a variation in the contract or working arrangement on or after 1 October 2026 may trigger the obligation.
Employers should audit their existing workforce and supply chain during 2026 to identify where follow up checks are due and where new checks will be triggered.
How Can Employers Establish a Statutory Excuse?
A statutory excuse is the legal protection from civil penalties available when employers can show they followed Home Office right to work guidance for each worker. Without it, the employer carries full liability for any civil penalty.
The core elements are:
- Using the correct method based on the worker’s nationality and immigration status
- Completing the check before employment starts; there is no retrospective fix
- Verifying identity and likeness properly, whether in person or by video call
- Keeping clear, dated evidence which cannot be altered, stored for the full period of employment plus two years
Contractual clauses strengthen the position. Require workers and contractors to maintain their immigration permission, report any change in their person’s immigration status, and cooperate with follow up checks. For employment law purposes, a clause requiring notification of a visa extension refusal allows the employer to act before the statutory excuse lapses.
Employer’s Guide to Right to Work Checks: Compliance Checklist
Use this as a quick-reference list for HR, recruitment, procurement and operations teams.
- Design a standardised onboarding process that always includes a right to work check before employment starts, with no exceptions for urgent hires
- Train relevant staff on all three check methods: online check, manual checks of acceptable documents and digital verification service routes
- Record the check date, document type, immigration status and expiry date for each worker in a central, searchable register
- Schedule follow up checks and track expiry dates of visas, positive verification notices and time limited permissions using automated reminders
- Ensure supply chain contracts contain clear immigration compliance clauses, including the duty to retain evidence and report changes in workers’ status
- Align record-keeping with internal data protection and document retention policies; store all immigration status documents and check records securely
Consult the legal experts where a worker’s immigration status is unclear, an employer checking service response is delayed, or a government agency requests further information
What Happens If an Employer Breaches Right to Work Law?
If an employer is found to have employed someone working illegally and cannot produce a statutory excuse, the Home Office may issue a civil penalty notice. Employers face up to £60,000 per illegal worker penalty for repeat breaches; a first breach carries a penalty of up to £45,000 per illegal worker.
Civil penalties apply for failing to conduct proper checks. Beyond financial penalties, employers can face criminal sanctions for knowingly hiring illegal workers. Criminal prosecution applies where an employer knew or had reasonable cause to believe that the person was disqualified from working by their immigration status, carrying unlimited fines and up to five years’ imprisonment.
If you receive a civil penalty notice or referral notice, seek immediate legal advice.
Right to Work Compliance Support from Axis Solicitors
Axis Solicitors is an SRA-authorised UK law firm (SRA No: 653526) with over 20 years of combined experience across more than 8,000 cases. The firm operates from offices in Manchester, London and Birmingham.
Key services for employers include:
- Policy reviews and audits of existing right to work processes, identifying gaps before the 1 October 2026 deadline
- Training sessions for HR and recruitment teams on manual, online and digital checks, tailored to your sector and workforce profile
- Complex immigration status queries, including digital immigration status, eVisa issues and prospective employee eligibility assessments
- Representation in civil penalty challenges and sponsor licence compliance investigations
Axis Solicitors advises SMEs and large employers across sectors, including those reliant on subcontractors and platform workers. The firm’s immigration team works alongside its employment law and civil litigation specialists to provide joined-up support.
Book a Consultation to review your right to work processes ahead of October 2026. Same-day appointments are often available by phone or video for businesses facing immediate Home Office action.
Frequently Asked Questions
Do I Need to Repeat Right to Work Checks for Staff with Pre-Settled or Settled Status?
For workers with pre settled status, employers do not need an automatic repeat check. However, if the digital record shows a work permission end date, a follow up check is due before that date. Settled status is equivalent to indefinite leave to remain and does not require further checks unless there is evidence the status has been revoked.
How Should We Handle Remote Right to Work Checks for Fully Remote Roles?
Employers can complete online right to work checks remotely using the Home Office website, approved digital verification service providers, or live video calls. The individual must be seen in real time via video so the employer can compare the person with their digital immigration status page or validation report.
What If a Worker’s Documents Expire While They Are Employed?
If immigration permission is time limited and the expiry date approaches, the employer must conduct a follow up check before expiry to maintain the statutory excuse. Where the worker has submitted an in time application for an extension, use the ECS to request a positive verification notice.
Do Irish Citizens Need Right to Work Checks?
Irish citizens have an automatic right to work in the UK under the Common Travel Area. Employers must still carry out a right to work check to establish a statutory excuse and verify identity. Acceptable evidence includes a current Irish passport or Irish passport card, checked manually or via an approved digital verification service.
What Should We Do If a Prospective Employee Cannot Show Any Documents?
If a non-British, non-Irish national cannot provide acceptable documents or an online status but claims to have an outstanding application or appeal, use the employer checking service before allowing work to start. If no alternative immigration status document or share code is available, not employ the person or must delay the start date until lawful evidence is provided.
