Right to Work Documents Guide 2025

Right to Work documents are official records that confirm an individual’s legal entitlement to work in the UK. Employers have a legal duty to check these documents before hiring any worker to ensure compliance with immigration laws and prevent illegal employment. The verification process involves reviewing either physical documents or using the Home Office online checking service, depending on the worker’s status.

Employers must be aware of the risks associated with failing to conduct proper checks. Hiring someone who does not have the right to work can result in fines of up to £20,000 per worker, reputational damage, and potential loss of a sponsor licence for businesses that employ foreign workers. Mistakes in document verification, such as accepting fraudulent or expired documents, can also lead to compliance breaches.

What are Right to Work documents?

Right to Work documents are official forms of identification and immigration status evidence that prove an individual is legally allowed to work in the UK. Employers have a legal duty to check these documents before hiring an employee to ensure compliance with immigration laws and prevent illegal working. The requirement applies to all workers, regardless of nationality, including British citizens, settled residents, and those with time-limited permission to work.

The legal framework surrounding Right to Work checks is based on UK immigration laws, which set out clear guidelines for employers. The Home Office provides detailed instructions on how these checks should be conducted and which documents are acceptable. Employers who fail to carry out proper checks or employ someone without the correct work authorisation may face severe penalties, including substantial fines and potential criminal liability.

There are two main categories of Right to Work documents: List A and List B. List A includes documents that confirm an individual has a permanent right to work in the UK. Once an employer has verified and recorded these documents, no further checks are required. Examples of List A documents include a British passport, evidence of Indefinite Leave to Remain, and proof of Settled Status under the EU Settlement Scheme. Those who provide List A documents do not need to renew their Right to Work verification.

List B documents apply to individuals who have time-limited permission to work in the UK. Employers must complete an initial check before employment begins and conduct follow-up checks before the expiry of the individual’s immigration status. This ensures that a person remains eligible to work throughout their period of employment. Examples of List B documents include Biometric Residence Permits (BRP), visa endorsements in passports, and pre-settled status under the EU Settlement Scheme.

Employers can check these documents manually by reviewing original copies in person or digitally through the Home Office online checking service. The method used will depend on the type of document provided. For example, British and Irish citizens may provide physical documents such as passports or birth certificates, while non-UK nationals with immigration status can use a share code generated by the Home Office system to confirm their right to work. The government has also introduced digital identity verification for certain individuals, allowing employers to use certified Identity Service Providers (IDSPs) for remote verification.

Ensuring that the correct documents are checked and recorded properly is essential for legal compliance. Employers must keep clear records of each check, including copies of the documents and the date the check was completed. Any errors or omissions could result in enforcement action by the Home Office, making it essential for businesses to follow official guidance closely.

Right to Work Documents: List A & List B

The Home Office has categorised right to work acceptable documents into two primary lists: List A and List B. These lists help employers determine which documents are acceptable for confirming an individual’s right to work in the UK.

List A: Documents Establishing a Permanent Right to Work

List A comprises documents that demonstrate an individual has an ongoing and unrestricted right to work in the UK. Once an employer has conducted a right to work check using a List A document, no further checks are necessary for that employee.

List B – Group 1: Time-Limited Right to Work

List B includes documents that indicate an individual has a temporary right to work in the UK. Employers must conduct an initial right to work check before employment commences and schedule follow-up checks to ensure continued compliance. List B is further divided into two groups: group 1 and group 2.

Group 1 documents show the holder has permission to work in the UK for a limited period. Employers should conduct a follow-up check when the employee’s permission expires.

List B – Group 2: Pending Applications and Work Permissions

Group 2 documents are issued to individuals who have an ongoing application or appeal with the Home Office. Employers must obtain a Positive Verification Notice from the Home Office Employer Checking Service and conduct a follow-up check six months later.

How to carry out manual Right to Work checks

Conducting a Right to Work check is a legal obligation for UK employers to ensure that all employees are authorised to work in the country. This process involves verifying the individual’s documentation to confirm their eligibility for employment. Employers can perform these checks manually, through the Home Office’s online service, or by using Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP).

Manual Right to Work Check

A manual check requires the employer to physically examine the applicant’s original documents. The steps are as follows:

• Obtain Original Documents: Request the applicant’s original documents that prove their right to work in the UK. Acceptable documents are listed in the Home Office guidance.
• Verify Authenticity: In the presence of the applicant, ensure that the documents are genuine, unaltered, and belong to the individual. Check that photographs and dates of birth are consistent across documents and correspond with the applicant’s appearance. If there are discrepancies in names across documents, seek supporting evidence, such as a marriage certificate or deed poll.
• Make and Retain Copies: Create clear copies of the documents, including the relevant pages of passports and all other documents in full. Record the date of the check and retain these copies securely for the duration of the individual’s employment and for two years after employment ends. This record-keeping is essential to establish a statutory excuse against liability for a civil penalty if the individual is later found to be working illegally.

Online Right to Work Check

The Home Office provides an online service that allows employers to check an individual’s right to work status digitally. This method is applicable when the individual has an immigration status that can be verified online, such as holders of Biometric Residence Permits, Biometric Residence Cards, or status under the EU Settlement Scheme.

• Obtain a Share Code: The applicant must generate a ‘share code’ by accessing the Home Office’s online portal. This code, along with the applicant’s date of birth, enables the employer to view the individual’s right to work details.
• Access the Employer Portal: Navigate to the ‘Check a job applicant’s right to work’ section on the GOV.UK website. Enter the share code and the applicant’s date of birth to access their right to work information.
• Verify Identity: Confirm that the photograph displayed in the online portal matches the individual presenting themselves for work. This can be done in person or via a live video link.
• Retain Evidence: Save a copy of the online check result, either by printing it or saving it electronically. Record the date the check was conducted and store this evidence securely for the required retention period.

Using Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP)

For British and Irish citizens who hold a valid passport (including Irish passport cards), employers have the option to use IDVT through an IDSP to verify their right to work. This method allows for digital verification of identity documents.

• Engage an IDSP: Select a certified IDSP that offers IDVT services for right to work checks.
• Digital Verification: The IDSP will use IDVT to verify the authenticity of the applicant’s identity documents digitally.
• Obtain and Retain Evidence: The IDSP will provide the employer with the verification results. Employers must retain this evidence securely, along with the date the check was conducted, for the duration of employment and for two years thereafter.

Follow-Up Checks

If an employee has a time-limited right to work, employers are required to conduct follow-up checks to ensure continued eligibility. The follow-up check should be performed shortly before the employee’s current permission to work expires. The process for follow-up checks mirrors that of the initial check, using either the manual, online, or IDVT methods as appropriate.

Need assistance?

Employers are advised to take professional guidance to ensure their right to work checks are compliant under the relevant rules, to ensure the statutory excuse is available in the event of any allegations of illegal working. DavidsonMorris are specialist business immigration legal advisers, working with UK employers to ensure compliance with their duties to prevent illegal working.

If you have a question about any aspect of Right to Work compliance, contact us for assistance.

Right to Work Documents FAQs

What are Right to Work documents?

Right to Work documents are official forms of identification and immigration status evidence that prove an individual has legal permission to work in the UK. Employers must check these documents before hiring any worker to ensure compliance with immigration laws.

Who is responsible for carrying out Right to Work checks?

Employers are legally required to verify an individual’s Right to Work before they begin employment. This responsibility applies to all businesses, regardless of size or industry.

Can an employer accept copies of documents?

No, employers must check original documents in person or use the Home Office online Right to Work checking service when applicable. Copies or scanned versions are not acceptable for manual checks.

What happens if an employer does not conduct the correct checks?

Failing to carry out proper Right to Work checks can result in civil penalties of up to £20,000 per illegal worker. Employers may also face reputational damage, loss of their sponsorship licence, and, in some cases, criminal prosecution.

How often should Right to Work checks be conducted?

For individuals with permanent work status, only an initial check is required. However, for employees with time-limited permission to work, follow-up checks must be conducted before their visa or work authorisation expires.

What should an employer do if a worker’s documents are expired?

If a document has expired but is required for a Right to Work check, the employer must not proceed with employment unless the individual can provide updated evidence or a Positive Verification Notice from the Home Office.

Are there different rules for British and Irish citizens?

British and Irish citizens can provide a passport or a birth certificate with proof of their National Insurance number. Employers may also use certified digital identity verification for these workers via an Identity Service Provider (IDSP).

What is the Home Office online checking service?

The online checking service allows employers to verify the Right to Work status of individuals who hold a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or status under the EU Settlement Scheme. Workers provide a share code that employers can use to access their status online.

How long should employers keep records of Right to Work checks?

Employers must retain copies of documents or online verification results for the entire duration of the worker’s employment and for at least two years after their employment ends.

Can a job offer be withdrawn if an applicant fails the Right to Work check?

Yes, if an applicant cannot provide valid evidence of their right to work, an employer is legally required to withdraw the job offer to remain compliant with UK immigration laws.

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