Whether you’re an employer looking to hire responsibly or a jobseeker aiming to ensure if you’re eligible to work in the UK, understanding the right to work rules is essential. Failing to check or prove work eligibility correctly can lead to serious consequences, including penalties, job loss, or legal trouble.
In this comprehensive blog guide, we break down everything you need to know about how to check the right to work in the UK—covering both the employer’s and employee’s perspective.
Employers: How to Check a Candidate’s Right to Work in the UK
Step 1 – Get the Right Proof: Documents or Share Code
There are two main routes to verify work eligibility:
-
Manual Document Check
For individuals who don’t have online immigration status (e.g., British or Irish nationals):
Ask the candidate to provide one of the acceptable documents from the Home Office’s Right to Work Checklist, such as:
- A UK or Irish passport
- A birth or adoption certificate issued in the UK or Ireland along with an official document confirming permanent National Insurance number
- A biometric residence permit (BRP)
- A visa in a valid passport
Always refer to the Home Office list of acceptable documents: GOV.UK Right to Work Checklist
-
Online Right to Work Check
For most non-UK nationals, you’ll use the Home Office online service.
Ask the individual for their share code and date of birth, then check their status here:
https://www.gov.uk/view-right-to-work
This system confirms:
- Type of visa or immigration status
- Duration of permitted employment
- Any work restrictions
Employers cannot rely on a physical biometric card alone if an online check is required.
Step 2 – Double-Check It’s the Real Deal
When doing a manual check:
- Ensure the document is genuine and belongs to the individual.
- Confirm that the photo and date of birth match the candidate.
- Check that the visa or status is valid and not expired.
- Cross-check details for consistency.
You must be physically present with the employee or use a compliant Identity Service Provider (IDSP) if verifying remotely for British or Irish nationals.
Step 3 – Keep Secure Records Like a Pro
After checking, retain clear copies of all documents or online checks. You must:
- Keep them securely (digitally or physically)
- Record the date the check was made
- Retain records for at least two years after the individual leaves employment
This protects your business from legal claims and proves compliance if audited.
Why These Checks Really Matter (For Both Employers & Jobseekers)
In the UK, employers have a legal obligation to ensure that employee they hire has the right to work. This isn’t just a box-ticking exercise—it’s a critical part of staying compliant with UK immigration law.
For employers:
- Avoid civil penalties up to £20,000 per illegal worker.
- Protect your business from reputational harm.
- Maintain lawful and ethical recruitment practices.
For employees:
- Ensure you’re working within legal rights.
- Avoid job loss or deportation due to lack of eligibility.
- Understand your immigration status and how it impacts employment.
Who Actually Needs a Right to Work Check? (Spoiler: Everyone!)
Everyone. Regardless of nationality, all individuals working in the UK must prove their right to work. This includes:
- British citizens
- Irish citizens
- EU/EEA nationals
- Non-EEA nationals
- Students
- Skilled workers on visas
Employers must conduct checks before employment starts. In some cases, follow-up checks are also required during the course of employment.
Jobseekers: How to Prove You’re Eligible to Work in the UK
If you’re applying for a job in the UK, it’s your responsibility to be ready with the necessary documentation.
Here’s how to prepare?
If you are a British or Irish citizen:
- Carry a valid passport or birth certificate + NI number letter.
- If your passport has expired, some employers may still accept it if the photo is clearly you.
If you’re from the EU, EEA, or Switzerland:
- Provide your Share Code and date of birth to the employer.
- You’ll typically have pre-settled or settled status under the EU Settlement Scheme.
Create a share code here:
https://www.gov.uk/prove-right-to-work
If you’re a non-EEA national:
- You will need to show your BRP, visa, or immigration status online.
- Tier 2, Student, and Skilled Worker visa holders must adhere to any work limitations stated on their visa.
If you are a student:
- You must also provide a letter from your university stating your term times.
- Your visa will likely limit how many hours you can work (usually 20 hours/week during term time).
What If Someone Can’t Prove Their Right to Work?
For employers:
- You must not hire anyone who cannot prove their right to work.
- You may offer a conditional offer, pending verification of documentation.
- Using the Employer Checking Service (ECS) may help if the individual claims an outstanding application or appeal with the Home Office.
Use the ECS here:
https://www.gov.uk/employee-immigration-employment-status
For employees:
- If your immigration status has changed or expired, you may need legal assistance to regain work rights.
- Contact immigration advisers or solicitors for guidance.
- Avoid using forged or fraudulent documents—it is a criminal offence.
Right to Work Do’s & Don’ts (Avoid These Common Mistakes)
Here are a few practical do’s and don’ts:
DOs:
- Check right to work before employment begins.
- Use the most up-to-date government checklist.
- Carry out follow-up checks if status is time-limited.
- Keep records securely and in line with GDPR.
Don’t:
- Rely on visual checks for non-UK nationals.
- Discriminate by assuming someone doesn’t have the right to work due to race, accent, or name.
- Accept photocopies or screenshots without verification.
- Hire before completing the checks properly.
In a Nutshell: Key Takeaways for Smooth Hiring
If you’re applying for a job in the UK, it’s essential to prove your right to work. UK or Irish nationals can use a valid passport or birth certificate with a National Insurance number. EU, EEA, or Swiss nationals should generate a share code via the Home Office website to prove settled or pre-settled status. Students must also show visa documents and a university letter confirming term dates. Always check your work restrictions, especially for part-time roles. Being prepared helps speed up hiring and shows employers you’re ready and compliant.
Checking the right to work in the UK is not just a legal requirement—it’s a vital step in responsible hiring and employment practices. For employers, conducting accurate checks shields your business from serious penalties. For jobseekers, being prepared with the right documentation boosts your chances of a smooth hiring process.
Staying informed and proactive saves time, money, and stress in the long run while ensuring lawful employment practices.
Let’s make hiring lawful, simple, and stress-free with ClearPath Solutions.
Need a Helping Hand with Right to Work Checks?
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