Overview of Right to Work Checks
A Right to Work check is a mandatory pre-employment check that confirms whether a prospective employee or worker has the legal right and permission to work in the UK. The check ensures that individuals are permitted to undertake the role being offered and, where applicable, comply with any restrictions relating to the type of work they can undertake or the number of hours they are permitted to work.
Under UK immigration legislation, all employers have a legal duty to prevent illegal working and must carry out a Right to Work check before employment begins. The University must verify an individual's identity and immigration status, review and retain evidence of their right to work, and carry out follow-up checks where permission to work is time-limited.
Types of Right to Work Checks
Conducting a Right to Work check is a legal requirement for all UK employers. The type of check required will depend on an individual's circumstances, including their nationality, immigration status, and the evidence they are able to provide.
A manual Right to Work check may be carried out where an individual presents original documents that are acceptable under the Home Office prescribed document lists (List A and List B). These checks are completed by examining the documents in accordance with Home Office requirements and retaining a clear record of the evidence provided.
British and Irish citizens will commonly demonstrate their right to work through a manual check. For example, a valid or expired British or Irish passport may be accepted, provided it meets the requirements of the prescribed checking process.
Conducting a Manual Right to Work Check
Before employment commences, a manual Right to Work check must be undertaken. To obtain a statutory excuse against liability for a civil penalty, the University must complete all three steps of the prescribed checking process:
Step 1: Obtain
The first stage of a manual Right to Work check is to obtain the appropriate document or evidence that demonstrates an individual's permission to work in the UK.
The type of document required will depend on the individual's nationality and immigration status. Employers must ensure that the documents presented are included within the Home Office's prescribed Right to Work document lists, are genuine, and relate to the individual being employed.
Manual Right to Work checks are most commonly carried out for British and Irish citizens, who can usually establish their right to work by presenting an original valid or expired British or Irish passport. Other acceptable documents may include a UK or Irish birth certificate accompanied by an official document showing the individual's National Insurance number.
Acceptable evidence is divided into List A and List B documents. The category of document provided is important because it determines whether the employer will need to conduct any future Right to Work checks during the individual's employment.
List A documents confirm a permanent right to work in the UK and provide employers with a continuous statutory excuse, meaning no further Right to Work checks are normally required. List B documents demonstrate a time-limited right to work and require employers to conduct follow-up checks to ensure the individual continues to hold valid permission to work.
List A and List B: At a Glance
| List A | List B |
|---|---|
| ✅ Permanent right to work in the UK | ⏳ Time-limited right to work in the UK |
| ✅ No follow-up checks required | ⚠️ Follow-up checks required |
| ✅ Continuous statutory excuse | ⚠️ Statutory excuse expires when permission expires |
| ✅ Suitable for individuals with settled immigration status | ⚠️ Suitable for individuals with temporary immigration permission |
Common Examples
| List A Permanent right to work | List B Time-limited right to work |
|---|---|
| British citizen | Skilled Worker visa holder |
| Irish citizen | Global Talent visa holder |
| Individual with Indefinite Leave to Remain (ILR) | Student visa holder |
| EU/EEA/Swiss national with Settled Status | Temporary Worker (formerly Tier 5) visa holder |
| Individual with permanent immigration status | Dependant visa holder |
| EU/EEA/Swiss national with Pre-Settled Status |
Step 2: Check Document
A manual Right to Work check requires the employer to examine original documents in the possession of the individual. In practice, manual checks are most commonly undertaken for British and Irish citizens, who will often evidence their right to work by presenting a valid or expired British or Irish passport.
For a manual Right to Work check to be valid, the employer must have access to the original document(s) at the time the check is conducted. The individual may either present the documents in person or provide them securely by post while attending a live video call.
Scanned copies, photographs, screenshots, or documents viewed solely via a video call are not acceptable for a manual Right to Work check.
When examining the original documents, employers should satisfy themselves that the documents belong to the individual and that they establish a valid right to work in the UK:
| Check Area | What to Verify |
|---|---|
| Document Authenticity | The documents appear genuine and have not been altered, damaged, or tampered with. |
| Identity | The documents belong to the individual presenting them. |
| Photograph | Any photographs are consistent with the individual's current appearance. |
| Date of Birth | Dates of birth are consistent across all documents provided. |
| Personal Details | Names and other personal details are consistent throughout the documentation. |
| Work Entitlement | The individual is permitted to undertake the role being offered. |
| Work Restrictions | Any restrictions on the type of work or hours of work have been identified and can be complied with. |
| Immigration Validity | Any visa or immigration permission remains valid and has not expired. |
Step 3: Copy Document
When retaining evidence of a Right to Work check, employers should ensure the following actions are completed:
| Requirement | Action |
|---|---|
| Document Copy | Take a clear, high-quality colour copy of the document(s) examined. |
| Check Date | Record the date on which the Right to Work check was completed. |
| Annotation | Clearly annotate the copy with the wording: "Date on which the Right to Work check was made." |
| Checker Details | Record the name of the person who carried out the check. |
| Right to Work Checklist | Complete the Home Office Right to Work Checklist (where used). |
| HR Records | Record the individual's Right to Work details in the relevant HR system. |
| Follow-Up Checks | Where the individual has time-limited permission to work, record and diarise the date on which a follow-up Right to Work check will be required. |
For most non-British and non-Irish citizens, the right to work in the UK can be verified using the Home Office online checking service. This service is available to individuals who hold an eVisa, including those with status under the EU Settlement Scheme or the UK's Points-Based Immigration System.
An eVisa is a digital record of an individual's immigration status and has replaced most physical immigration documents. Individuals must have a UKVI account to access and manage their eVisa.
Step 1: Use Home Office Online Service
Many individuals with UK immigration permission can prove their right to work digitally using the Home Office online Right to Work service. This is commonly referred to as an online Right to Work check.
To use this service, the individual must first generate a share code through the Home Office website and provide it to their employer. Alternatively, they may choose to share their right to work details directly through the online service. Where this option is used, the employer will receive an email notification from right.to.work.service@notifications.service.gov.uk.
Before proceeding, employers should confirm that the individual's immigration status is eligible for an online Right to Work check.
| Step | Action |
|---|---|
| 1 | Visit the Home Office Prove your Right to Work service. |
| 2 | Log in using their immigration details or UKVI account credentials. |
| 3 | Generate a Right to Work share code through the online service. |
| 4 | Provide the share code to their employer for verification purposes. |
Step 2: Check Right to Work
The University must verify that the photograph displayed as part of the online Right to Work check matches the individual presenting themselves for work. This is to ensure that the information provided by the online check relates to the individual concerned and that they are not an imposter. This verification may be carried out either in person or via a live video call.
Where the photograph displayed on the individual's digital profile is incorrect or of insufficient quality, the individual should be advised to update the image associated with their account. This can be done through the Update your Visas and Immigration account details service. Additional information and support are available from the UKVI Resolution Centre.
Employment should only commence, or continue in the case of a follow-up check for an existing employee, where the online Right to Work check confirms that the individual has permission to work in the UK and is not subject to any conditions that would prevent them from undertaking the role in question.
If an individual is employed on the basis of an online Right to Work check, but it is reasonably apparent from the photograph that the person undertaking the work is not the individual to whom the online record relates, the University may be liable for a civil penalty in the event of illegal working and could also face criminal sanctions.
STEP 2 – CHECK
→ A ‘profile page’ will appear with a photograph and information on the (prospective) employee’s right to work
→ Check that the profile page confirms the person has the right to work (for the specific role/hours)
→ Check the picture on the page matches the person you’re seeing (in person or via video)
→ Note any other work restrictions/comments on the page
Step 3: Retain Evidence of Online Check
The record must be stored securely, either electronically or in hard copy, for the duration of the individual's employment and for a period of two years after employment has ended. Following this retention period, the record must be securely destroyed.
The University must be able to produce these records promptly upon request to demonstrate that a compliant Right to Work check has been conducted and that a statutory excuse has been established and maintained.
This process must also be completed for any required follow-up Right to Work checks.
STEP 3 – COPY & RETAIN
- Save a Pdf copy of the profile page and retain this for 2 years after the employment ends
- Record Right to Work information on CoreHR.
- Diarise the date that a repeat check is due and record details on Core, including a review date for a repeat check.
- Also retain a copy of the passport and BRP card (if the individual has a BRP card)
Follow-Up Checks
List A
Where a valid List A document is presented, the individual has a continuous right to work in the UK. Once the initial Right to Work check has been completed correctly, no further checks are required for the duration of their employment.
List B Group 1
Where an individual presents a List B Group 1 document, their right to work in the UK is time-limited. A follow-up Right to Work check must be carried out before their immigration permission expires to maintain the University's statutory excuse.
List B Group 2
Where a Positive Verification Notice (PVN) has been issued by the Home Office, the statutory excuse is valid for six months from the date of the notice. A further Right to Work check must be completed before the PVN expires to ensure continued compliance with Home Office requirements.
| Scenario | Action Required |
|---|---|
| British or Irish citizen | ✅ Complete a manual Right to Work check. |
| Skilled Worker visa | ✅ Complete an online Right to Work check using a Home Office share code. |
| Student visa holder | ✅ Complete an online Right to Work check and ensure the proposed working hours comply with the individual's visa conditions. |
| Individual with Indefinite Leave to Remain | ✅ Complete the appropriate Right to Work check based on how the individual evidences their status. No follow-up check is normally required. |
| Individual with Settled Status | ✅ Complete an online Right to Work check using a Home Office share code. No follow-up check is required. |
| Individual with time-limited immigration permission | ✅ Complete an online Right to Work check using a Home Office share code. A follow-up check will be required before their permission expires. |
| Individual awaiting a Home Office decision | ✅ Contact the Visas & Immigration Team or use the Employer Checking Service before employment commences. |
| Not sure which category | ✅ Contact the Visas & Immigration Team for advice before confirming employment or a start date. |