Prove Your Right to Work in the UK

 

Section A: Proving UK Right to Work Overview

 

Proving the right to work is now a routine part of every recruitment process in the UK. The expectation is simple; anyone starting work needs to show evidence that they are allowed to work in the UK, and employers are required to check that evidence using one of the methods approved by the Home Office. The rules apply universally, whatever the person’s nationality or role.

The system is built around prescribed checking methods. British and Irish citizens prove their right to work through nationality documents, while most other individuals use the Home Office online service to display their digital immigration status. Biometric Residence Permits can no longer be used as standalone proof because all BRPs expired on 31 December 2024. Workers with status under the EU Settlement Scheme prove their rights digitally and do not require a repeat check if they hold pre-settled status.

The right to work is not the same as permission to be in the UK. Visitors cannot work at all. Students, dependants and sponsored workers all have different conditions. The employer must confirm that the work offered aligns with the person’s immigration permission.

The goal of the system is to prevent illegal working while protecting individuals who hold lawful status. The current civil penalty regime exposes employers to fines of up to £45,000 for a first breach and £60,000 for repeat breaches, and the Home Office now expects a high standard of accuracy and record-keeping.

 

Stage	Employer obligations	Worker obligations	Common risks
Offer made	Explain clearly that a Right to Work check is required before the start date and which type of evidence is acceptable.	Confirm you understand what evidence is needed and raise any concerns about documents or UKVI access early.	No guidance given, worker assumes a screenshot or non-listed document will be acceptable.
Pre-start checks	Send precise instructions and links (for share codes or digital checks), set a deadline and chase in good time.	Generate the correct share code or gather the right documents and send them within the requested timescale.	Wrong share code type, expired code, missing pages in documents, or evidence sent the day before the start date.
Day 1 / first week	Complete the check in line with guidance, confirm identity in person or by live video and store evidence securely.	Bring originals to any in-person check and cooperate with identity verification where a digital service is used.	Check done after work has started, poor copies, unclear dates or evidence stored in personal email accounts.
Visa expiry / follow-up	Track expiry dates, diarise follow-up checks and use the online service or Employer Checking Service where needed.	Apply in good time to extend permission and keep your employer updated with applications and new decisions.	Follow-up check overlooked, Section 3C not understood, worker continues without a fresh check or Positive Verification Notice. Grace period for in-time applications applies only to existing employees, never new starters.

 

 

1. Worker obligations & consequences

 

Individuals are expected to provide evidence of their right to work before starting any role. For most non-British and non-Irish nationals, this means accessing their UKVI account, generating a share code through the GOV.UK service and ensuring their digital status is up to date. If the online record does not reflect a recent decision, or if access problems arise, they need to follow the steps provided by UKVI to resolve the issue or, where appropriate, support an Employer Checking Service request. Check that the worker is logging in with the passport or document that is linked to their status and that their contact details are up to date, as mismatches prevent the online profile from updating.

A person who cannot prove their right to work may have a job offer delayed or withdrawn. This applies even when the individual holds lawful immigration status but is unable to show acceptable evidence on the day the check is carried out. Those with pending applications, appeals or administrative reviews may still be able to work under Section 3C leave, but confirmation must come through either the online system or a Positive Verification Notice. Workers who allow their immigration permission to lapse without renewing in time can fall out of lawful status and lose the right to work altogether.

 

2. Employer obligations & consequences

 

Every employer is required to complete a compliant right to work check before employment begins. The correct method depends on the individual’s nationality and immigration evidence. Employers need to use a manual check for British and Irish citizens using acceptable documents, the online system for almost all other nationalities and digital identity verification only where a British or Irish citizen presents a valid current passport.

A statutory excuse against a civil penalty only arises if the prescribed process is followed and the evidence is retained in the correct format. The employer guidance sets out the steps in detail, including identity matching, document examination, storage of evidence and the dates that need to be recorded. Failure to follow these steps can leave the employer liable even if they believed the person could work. Once permission expires, a follow-up check is required for most workers unless an exemption applies, such as for pre-settled status holders.

Employers who fail to check correctly face financial and operational consequences. Civil penalties can reach £45,000 for a first breach and £60,000 for repeat breaches. Findings of illegal working can trigger compliance visits, reputational harm and, for licensed sponsors, action against the sponsor licence. The Home Office places significant weight on process, and caseworkers often scrutinise whether checks were carried out consistently and whether evidence was stored in a form that can be retrieved quickly. Clear internal systems and an established escalation process help ensure that checks are completed lawfully and that any uncertainty about evidence is handled through the correct route, including the Employer Checking Service where appropriate.

 

 

 

Section B: How to Prove Your Right to Work

 

Proving your right to work in the UK means showing evidence of both who you are and that you are allowed to work in the role you have been offered. The Home Office sets out exactly which documents and digital records count. Employers are expected to work from those lists and from the official online services. However genuine other documents may look, they do not protect either you or your employer if they are not on the prescribed lists or supported by the Home Office online system.

 

1. If you have digital immigration status (eVisa)

 

If you are not a British or Irish citizen and you hold immigration permission to live or work in the UK, you will usually prove your right to work through your digital status. You do this by going to the GOV.UK “Prove your right to work” service, signing in to your UKVI account and generating a share code. The code is valid for a limited period, currently 90 days, and is created specifically for work checks. A code that starts with the letter “W” is for right to work. You should not reuse codes generated for rent checks or any other service.

You give the share code and your date of birth to your employer. They then use the Home Office online service to view your official status record. Screenshots or photos of your status page are not enough. Your employer needs to view the live record and keep a clear copy of the profile page, either printed or stored as a secure, tamper-evident file, with the date of the check recorded.

 

2. If you have settled or pre-settled status

 

If you hold settled or pre-settled status under the EU Settlement Scheme, you prove your right to work in exactly the same way, using a share code and the online service. Your profile will show your name, photograph, the type of permission you hold, any work restrictions and the date your pre-settled status is due to expire. Settled status gives you an ongoing right to work. Pre-settled status is time-limited, but under current policy once your employer has completed a valid initial check they are not required to carry out a repeat check just because your pre-settled status has an end date, unless they become aware that you have lost status.

If you hold a different form of time-limited immigration permission, such as a work visa or student visa, your employer will usually need to complete a follow-up check before your permission expires if you are still employed at that point.

 

3. If you are a British or Irish citizen

 

If you are a British or Irish citizen, you usually prove your right to work through nationality documents. The most common option is your passport. Your employer can accept a British or Irish passport even if it has expired, as long as they see the original. They need to examine it in your presence, check it appears genuine and relates to you, then make and keep a clear copy with the date of the check recorded.

You can also use specific combinations of your birth certificate and National Insurance evidence, if you do not have a passport. If you hold a valid British or Irish passport, your employer may choose to use a certified digital identity route. In that case, a digital verification service confirms your identity using your passport. Your employer still carries the legal responsibility for the right to work check and needs to be satisfied that you are the same person whose identity has been verified and that the output is stored in a way that can be audited.

 

4. If you still have physical immigration documents

 

You may still have older physical documents such as a Biometric Residence Permit, a Biometric Residence Card or visa vignettes and stamps in a passport or travel document. BRPs stopped being issued on 31 October 2024 and all BRPs expired on 31 December 2024. Your employer cannot rely on a BRP on its own as proof that you can continue working. An expired BRP can still help you sign in to your UKVI account, but your right to work now depends entirely on the digital status shown through the online service.

Most EEA Biometric Residence Cards have also been withdrawn from the acceptable list. If you are an EEA or Swiss national, or a family member, you are expected to prove your rights through EU Settlement Scheme digital status or other current immigration permission rather than historic cards.

Some short-term visas still appear as vignettes or endorsed documents. A common example is the temporary 90-day vignette used for first entry as a sponsored worker or student. If your vignette is still valid and your job is due to start during that period, your employer can use it for an initial manual check. Most 90-day entry vignettes do not show work conditions — the employer must rely on the online check once your digital status becomes active. They will then need to complete a follow-up online check once you have set up your UKVI account, accessed your eVisa and can generate a share code. If there is a gap between your vignette expiring and your digital status becoming accessible, there may be a period when you cannot prove your right to work until the digital record is available. If you have no pending application, you cannot use the Employer Checking Service to bridge this gap, so employment cannot start until the digital status becomes available.

 

5. If you cannot show documents or generate a share code

 

If you cannot present acceptable documents or generate a share code, your employer should not improvise. Photocopies of documents that are not on the lists, letters from advisers or emails from third parties do not protect either you or your employer. In some cases, your employer can ask the Home Office to confirm your right to work through the Employer Checking Service.

The ECS is used where you have an outstanding in-time application, appeal or administrative review that extends your permission under Section 3C, or where certain categories, such as asylum applicants with an Application Registration Card or some long-term residents, cannot be checked online. Where an eVisa holder has made an in-time extension application, the online service itself often supports right to work checks and provides a six-month statutory excuse; only where the online system cannot retrieve the record should the ECS be used.

Your employer submits a request with your details. If the Home Office confirms that you have the right to work, it issues a Positive Verification Notice. That notice gives your employer a statutory excuse for six months from the date shown on it. Before the six months ends, your employer will need either a further PVN or a successful online or manual check, depending on how your status has changed.

 

6. Time-limited permission and follow-up checks

 

If your immigration permission is time-limited, you are usually checked twice to preserve your employer’s protection. The first check takes place before you start work. The second is a follow-up check, carried out before the date your permission expires, based on the online profile or any permitted physical document.

If you are already employed and you submit an in-time application, appeal or administrative review and you were checked correctly when you started, the guidance allows a short grace period while your employer obtains confirmation through the online service or the Employer Checking Service. That grace period does not apply to new starters who have never been checked. You should plan ahead and take action to extend your leave in good time if you want to avoid gaps in your right to work and interruptions to your employment.

 

7. What “prove your right to work” usually means in practice

 

When an employer asks you to “prove your right to work”, they are asking you to use the route that applies to your circumstances. If you are British or Irish, you will normally bring your passport or the birth certificate and National Insurance combination, or agree to digital identity verification where you have a valid passport. If you are a non-British, non-Irish national with digital permission, you will generate a share code from the GOV.UK service and let your employer view your eVisa record. If you have a pending immigration application, appeal or administrative review, or you hold one of the more unusual documents listed in the guidance, you and your employer may need to request a check through the Employer Checking Service.

In each case, your employer’s protection depends on following the route set out in the guidance and keeping the right evidence. Your role is to provide the correct code or documents and to keep your UKVI account and contact details up to date so that your status can be confirmed quickly when you are offered a role.

 

 

 

Section C: Employer Right to Work Check Process

 

Employers are required to complete right to work checks using one of the prescribed methods set out in the Home Office employer guidance. These methods are distinct, and each carries its own evidential and procedural requirements. The statutory excuse only arises where the employer completes the correct type of check for the individual’s circumstances and keeps evidence in the format specified by the guidance. No employment can begin until a compliant check has been completed.

The correct route depends on the individual’s nationality and immigration status. Most non-British and non-Irish nationals must be checked using the Home Office online service because their status is now held digitally in an eVisa. British and Irish citizens can be checked manually using original documents or, where they hold a valid current passport, through a certified digital identity verification service. Some categories still require manual checks because they hold physical documents that remain acceptable for right to work purposes, although these situations are becoming less common. Employers need clear internal processes that identify the correct method for each worker and apply the same approach consistently to all applicants to avoid allegations of discrimination under the Equality Act 2010.

 

Worker’s status / situation	Correct check type	What you should ask them to do	What you should not accept
British / Irish with passport	Manual check or digital identity verification (current passport only)	Provide original British or Irish passport for a manual check, or complete digital identity verification if offered.	Photocopies only, uncertified scans, or a promise to email documents later without an actual check.
British / Irish with no passport	Manual check	Provide the prescribed combination of birth certificate and National Insurance evidence.	Driving licence alone, NI number written in an email, or documents that are not on List A.
Non-British / non-Irish with eVisa	Home Office online right to work check	Generate a “W” share code from the GOV.UK service and give the code and date of birth for an online check.	Screenshots of the UKVI account, photos of an old BRP, or share codes created for right to rent.
EUSS settled / pre-settled status	Home Office online right to work check	Generate a “W” share code and allow the employer to view the digital status record.	Historic Biometric Residence Cards, printouts of old EEA documents, or informal confirmation of status.
Pending application / appeal (Section 3C)	Employer Checking Service, possibly followed by online check	Try the online service with a share code first (supported for many eVisa holders with in-time applications). If the online service cannot confirm status, provide proof of the in-time application so the employer can submit an ECS request.	Starting work with only a submission confirmation email, or relying on verbal assurances that an application was made.
Asylum claimant with ARC	Employer Checking Service	Provide the Application Registration Card and any Home Office letters so the employer can request a check via ECS.	Relying on the ARC alone without a Positive Verification Notice or ignoring restrictions on permitted roles.

 

 

1. Manual right to work checks

 

Manual checks involve the employer obtaining original documents from List A or List B and examining them in the presence of the individual. The employer needs to check that the documents appear genuine and unaltered, that they relate to the person presenting them and that the individual is not prevented from doing the work on offer. The employer then makes and retains a clear copy of each document and records the date the check was completed. Copies should be stored securely for the duration of employment and for at least two years after it ends.

Manual checks are for British and Irish nationals using passports (current or expired) or the specified birth certificate and National Insurance evidence, and for the small category of individuals who still hold acceptable physical documents such as short-term entry vignettes within their validity period. For all others, the digital route applies.

 

2. Home Office online right to work checks

 

The online route is mandatory for most non-British and non-Irish nationals whose permission is held digitally as an eVisa, including workers, dependants, students and EU Settlement Scheme status holders.

The individual generates a right to work share code from the GOV.UK service and gives it to the employer with their date of birth. Employers need to ensure they are using a share code beginning with the letter “W”, since other codes relate to different GOV.UK services.

The employer views the official Home Office profile online, confirms that the photograph matches the person in front of them and checks any work restrictions. Screenshots or photographs of the screen are not acceptable evidence.

The employer needs to download or store a clear copy of the Home Office profile page in printed or secure digital form and record the date the check was carried out. The statutory excuse depends on keeping that evidence in accordance with the guidance.

Online checks are also used for EU Settlement Scheme settled and pre-settled status, with no repeat check required for pre-settled status holders once a compliant initial check has been completed, unless the employer becomes aware that the person has lost their status. For individuals with time-limited permission other than pre-settled status, employers need to complete a follow-up online check before the expiry of the permission shown on the profile page to maintain their statutory excuse.

 

3. Digital identity verification for British and Irish citizens

 

Digital identity verification allows British and Irish citizens with valid current passports to have their identity confirmed by a certified provider using a digital verification service. This removes the need for the employer to examine the original passport in person. However, the identity verification only confirms that the passport belongs to the individual. It does not remove the employer’s responsibility. The employer still needs to satisfy themselves that the person presenting for work is the same individual and must store the output from the digital verification service as part of the right to work records. Digital identity verification cannot be used for expired passports or for non-British or non-Irish nationals.

 

4. Employer Checking Service

 

There will be situations where neither a manual check nor the online service can confirm whether a person has the right to work. In these cases, the Home Office expects employers to use the Employer Checking Service rather than delay indefinitely or rely on informal evidence.

The ECS is used where an individual:

 

• has made an in-time application, appeal or administrative review and is covered by Section 3C leave
• holds an Application Registration Card with an indication that work may be permitted
• has certain forms of pending status that cannot yet be viewed online
• has immigration documents or circumstances that fall outside the online route

 

The employer submits an ECS request with the individual’s details. If the Home Office confirms permission to work, it issues a Positive Verification Notice. A PVN provides a statutory excuse for six months from the date stated. Before that period ends, the employer must complete either a new ECS check or a standard online or manual check, depending on the updated status.

The ECS cannot be used to circumvent the standard checking routes. Employers should only rely on the service where the Home Office guidance specifically states it is appropriate. Using ECS unnecessarily or instead of the online service can result in the employer failing to establish a statutory excuse.

 

5. Record-keeping and audit requirements

 

Employers need to retain evidence of every right to work check in a clear and accessible format. Poor record-keeping is one of the most common reasons statutory excuses fail during Home Office audits. Missing dates, unclear images, incomplete passport pages or storage systems that prevent quick retrieval all weaken an employer’s position. The Home Office expects employers to maintain organised, secure and auditable systems so that evidence can be provided promptly during a compliance visit. Employers with sponsor licences will find that their right to work record-keeping standards are considered alongside their wider compliance obligations.

 

6. Avoiding discrimination in the checking process

 

Right to work checks must be applied in a consistent, non-discriminatory manner. Every prospective employee has to complete a right to work check, and employers should avoid making assumptions about who needs to prove their status or who is likely to hold British or Irish nationality. Applying different levels of scrutiny based on appearance, accent or perceived origin can amount to unlawful race discrimination. A standardised process that requires all workers to follow the same steps, aligned with the Home Office guidance, reduces the risk of inconsistency and helps ensure that right to work policies support both immigration compliance and equality law.

 

 

Section D: Issues Proving your Right to Work

 

Right to work checks will not always be straightforward. Individuals may struggle to generate a share code, physical documents may have expired or been withdrawn from the acceptable lists, or the Home Office online service may not immediately reflect a recent immigration decision. Employers are still required to prevent illegal working and cannot allow employment to start or continue unless they have a statutory excuse or are within a clearly defined grace period. The challenge is to respond lawfully and consistently without resorting to improvised workarounds that undermine the protection the regime is designed to provide.

 

1. Common reasons proof is not immediately available

 

There are several recurring scenarios where an individual cannot immediately prove their right to work. A person with digital status may have only recently received an immigration decision and their online record may not yet reflect the change. Someone with an in-time application, appeal or administrative review may be relying on Section 3C leave, which extends their permission but is not automatically obvious from a quick online check. Others may have lost access to their UKVI account credentials or may not yet have received the email prompting them to create an account and move fully to eVisa. Some still hold historic physical documents such as expired BRPs or old Biometric Residence Cards that no longer appear on the acceptable documents list. In each of these cases, employers are expected to follow the official routes set out in the guidance rather than relying on guesswork or assurances.

 

2. Step one for digital status holders: retry the online route

 

Where a person is known or likely to be an eVisa holder, the starting point should always be the Home Office online service. The individual should attempt to access their UKVI account, update any changed contact details and generate a fresh right to work share code. Employers should check that the code begins with the correct letter for work checks and that they are entering the individual’s details accurately. If the online profile appears but does not yet reflect a recent grant of leave, or if there is an obvious technical issue with the display, employers should keep a record of what they saw and the date. Many issues can be resolved at this stage once the individual has had time to complete their UKVI account set-up or correct their login information.

 

3. When to use the Employer Checking Service

 

The Employer Checking Service is designed for cases where the standard routes cannot confirm status. Typical examples include individuals with an in-time application, appeal or administrative review who are relying on Section 3C leave, certain long-term residents, some categories of pending EU Settlement Scheme applications and asylum applicants who hold an Application Registration Card with an indicator that work may be permitted. Where the online right to work service cannot be used or does not yet hold the necessary information, the employer submits an ECS request, providing details of the individual and their claimed status. If the Home Office confirms that the person has the right to work, it issues a Positive Verification Notice. That notice gives a statutory excuse for six months from the date stated on it. Before that period ends, the employer is required to complete a further check, either through a new PVN request or by moving to an online or manual check once the person’s status has been updated.

 

4. Existing employees, Section 3C leave and the short grace period

 

For existing employees who have been subject to a compliant initial check and later submit an in-time application, appeal or administrative review, the guidance recognises that there can be a short gap between the expiry date printed on their previous permission and the employer obtaining fresh confirmation. In those situations, where the application or challenge was made before expiry, a short grace period allows the employer to retain their statutory excuse while they seek confirmation through the online service or by requesting a Positive Verification Notice. That grace period does not apply to new starters who have not yet been checked. It is designed to avoid unnecessary disruption to ongoing employment relationships where both parties have taken reasonable steps and the difficulty lies in processing or confirmation rather than in the worker’s underlying status. This 28-day grace period only applies if the original pre-employment check was compliant.

 

5. When employment cannot proceed or continue

 

There will be situations where neither the online service nor the Employer Checking Service can confirm that the individual has the right to work. In other cases, the person may not fall within a category eligible for an ECS check at all. If acceptable documents or digital evidence cannot be produced and a PVN is unavailable, the employer cannot lawfully allow the person to start work. Proceeding in the absence of proof exposes the organisation to the current civil penalty levels and can raise questions about whether there has been knowing employment in more serious cases. Where an existing employee’s permission has expired and no new evidence or PVN can be obtained, the statutory excuse will end once any available grace period has passed, and the employer will need to consider suspension on pay, suspension without work or termination in line with contract and employment law advice.

 

6. Internal systems and follow-up checks

 

Effective internal systems are central to avoiding scenarios where evidence cannot be shown or confirmed in time. Employers benefit from a central register of workers with time-limited permission, clear records of expiry dates and automated prompts for follow-up checks. Workers should be encouraged to plan ahead for renewals so that applications are submitted in good time and any Section 3C period can be supported by an ECS request where needed. Responsibility for monitoring should sit with a defined role or team rather than individual line managers to reduce the risk of missed reminders. When a Home Office audit takes place, caseworkers will often focus on follow-up checks and on how employers reacted when evidence was unclear or pending. Being able to show a consistent approach, documented decision making and evidence of ECS requests or online checks carried out promptly will strengthen the employer’s position.

 

 

 

Section E: Summary

 

Right to work compliance is now a core part of running any organisation that employs staff in the UK. The legal duty is clear. Employers are expected to complete a prescribed check for every worker before employment starts, to follow the specific route that applies to that person’s status and to keep evidence that stands up to Home Office scrutiny. In return, a properly completed check provides a statutory excuse that protects the business from substantial civil penalties and closer regulatory attention.

The move to digital immigration status has raised the stakes for both employers and workers. For many individuals, to “prove your right to work” now means accessing a UKVI account, generating a share code and ensuring that the online record correctly reflects their permission and conditions. Employers need systems that distinguish between manual checks, online checks and digital identity verification for British and Irish citizens, that reserve the Employer Checking Service for defined situations and that track follow-up dates for time-limited permission.

Where the guidance is followed, records are complete and processes hold firm under pressure, right to work becomes a protective framework rather than a source of risk, supporting lawful recruitment and stable workforce planning.

 

Section F: Need Assistance?

 

If you have concerns about a right to work check, an unclear immigration status or a situation where evidence cannot be confirmed, early advice can prevent far more serious problems later. We work with employers of all sizes to review processes, resolve individual cases and strengthen compliance frameworks so that recruitment can continue without interruption.

If you would like tailored guidance on a specific worker, help interpreting a Home Office response or a review of your internal right to work procedures, you can book a fixed-fee consultation with one of our UK immigration advisers. We will assess your documents, explain the correct route for the check and help you take the next lawful step with confidence.

 

Section G: FAQs

 

What documents prove a person’s right to work in the UK?

Acceptable evidence depends on nationality and immigration status. British and Irish citizens generally rely on a passport, whether current or expired, or the prescribed birth certificate and National Insurance combination. Most other individuals prove their status digitally through the Home Office online service using a right to work share code. The employer guidance sets out which documents fall under List A, which provides a continuous statutory excuse, and List B, which provides a time-limited statutory excuse. Employers should always work from the current guidance rather than relying on older lists or assumptions.

 

How do right to work share codes work?

A share code is generated through the GOV.UK “Prove your right to work” service. It is valid for a limited period, currently 90 days, and must begin with the letter “W” for employment checks. The individual gives the code and their date of birth to the employer, who uses the Home Office online service to view the official status record. Employers cannot rely on screenshots or emailed copies. The statutory excuse requires checking the live record and keeping a clear copy of the Home Office profile page with the date of the check recorded.

 

Can employers accept expired passports?

Expired British and Irish passports can be used. Expired passports from other nationalities **are acceptable only if they contain an unlimited right to work endorsement (e.g., right of abode or indefinite leave), otherwise they cannot be accepted.

 

What if the online check does not confirm permission?

If the Home Office online service does not confirm the person’s right to work, the employer should avoid making assumptions. The individual may need to update their UKVI account, check their contact details or generate a new share code. If the person has an in-time application, appeal or administrative review, or falls under another category where the online service is not supported, the employer should request a check through the Employer Checking Service. If the Home Office confirms permission through the ECS, it issues a Positive Verification Notice valid for six months. Employers should not start the worker before ECS confirmation unless they are an existing employee under the grace period rules.

 

Does settled or pre-settled status prove the right to work?

Settled and pre-settled status under the EU Settlement Scheme both provide the right to work in the UK. They are proven digitally using a right to work share code. A repeat check is not required for pre-settled status holders once a compliant initial check has been completed, unless the employer becomes aware that the person has lost their status. Settled status requires no follow-up checks. Employers must still verify that the individual presenting themselves matches the photograph in the online profile.

 

How often are follow-up checks required?

Follow-up checks are needed for individuals with time-limited immigration permission other than EU Settlement Scheme pre-settled status. The employer needs to complete the follow-up check before the expiry date shown on the individual’s digital record or permitted physical document. For existing employees with an in-time application, appeal or administrative review submitted before their previous permission expired, a short grace period allows continued employment while waiting for confirmation through the online service or the Employer Checking Service.

 

Can a job offer be withdrawn if someone cannot prove their right to work?

Yes. If an individual cannot provide acceptable evidence and is not eligible for a Positive Verification Notice, the employer cannot lawfully allow them to start work. In those circumstances a job offer can be paused or withdrawn. For existing employees, if permission expires and cannot be confirmed through the online service or the ECS, the statutory excuse ends once any grace period has passed, and the employer will need to consider next steps in line with employment law advice.

 

Section H: Glossary

 

Term	Definition
Right to work	The legal permission for an individual to work in the UK, based on British or Irish nationality or valid immigration status that allows employment.
Statutory excuse	The employer’s legal defence against a civil penalty, available only where a right to work check has been completed in line with the current Home Office guidance.
Civil penalty	A financial penalty imposed on an employer that employs someone who does not have the right to work, currently up to £45,000 per worker for a first breach and up to £60,000 per worker for repeat breaches within three years.
Share code	A time-limited code generated on GOV.UK that lets an employer view an individual’s Home Office digital status record. Codes beginning with “W” are used for right to work checks.
eVisa	A digital immigration status held in the Home Office system instead of a physical document, accessed through a UKVI account and used for online right to work checks.
Digital status	The online record of a person’s immigration permission, held by the Home Office and viewed through the right to work checking service when a share code is provided.
Digital verification service	A certified identity service used to verify the identity of British and Irish citizens with valid passports for right to work purposes. Responsibility for the overall check stays with the employer.
Employer Checking Service (ECS)	A Home Office service used where a person’s right to work cannot be confirmed through standard checks, for example due to an in-time application, appeal or administrative review or certain pending or protected statuses.
Positive Verification Notice (PVN)	A notice from the Employer Checking Service confirming that a person has the right to work, which gives the employer a statutory excuse for six months from the date stated on the notice.
Time-limited permission	Immigration permission that expires on a set date and usually requires a follow-up right to work check before expiry if employment continues, except in specific categories such as EU Settlement Scheme pre-settled status.
Section 3C leave	A provision in the Immigration Act 1971 that extends a person’s existing leave while an in-time application, appeal or administrative review is pending, which can preserve their right to work in defined circumstances.
EU Settlement Scheme (EUSS)	The scheme for EEA and Swiss nationals and their family members to secure their UK status after free movement ended. Status is held digitally and proven through an online right to work check.
Settled status	Indefinite permission granted under the EU Settlement Scheme, which gives a continuing right to work with no requirement for follow-up right to work checks once an initial compliant check has been completed.
Pre-settled status	Limited permission granted under the EU Settlement Scheme. It gives the right to work and, under current policy, does not require a repeat right to work check once a compliant initial check has been completed, unless the employer becomes aware that the status has been lost.
List A	The list in the Home Office employer guidance of documents that, when checked correctly, give an employer a continuous statutory excuse for the duration of employment.
List B	The list in the Home Office employer guidance of documents that, when checked correctly, give an employer a time-limited statutory excuse that requires a follow-up check before the permission shown expires.

 

 

Section I: Additional Resources & Links