A right to work check is the check every UK employer must do before someone starts work, to confirm they're allowed to work in the UK. You do it online with the applicant's share code and date of birth, by checking their original documents in front of them, or through an identity service provider.
It applies to every hire, including British staff, part-timers and the person you've known for years. If you skip it and the worker turns out not to have the right to work, GOV.UK says you could face a civil penalty of up to £60,000 for each illegal worker as of October 2026. Do the check correctly and you won't have to pay it, because GOV.UK says the penalty doesn't apply if you can show you made the correct checks.
The three ways to check
| Method | Who it suits | What you need |
|---|---|---|
| Online check with a share code | Applicants who aren't British or Irish citizens | Their share code and date of birth, entered on GOV.UK's right to work service |
| Manual check of original documents | Anyone, including British and Irish citizens | The original documents, checked with the applicant present, then copied |
| Identity service provider (IDSP) | British and Irish citizens with a valid passport or passport card | A provider using Identity Document Validation Technology |
One rule trips employers up: British and Irish citizens can't get a share code. So you can't ask your British applicant for one; you check their passport or passport card, or use an identity service provider. GOV.UK's guidance for workers adds that a British or Irish passport or passport card can be current or expired for this check.
The other rule protects applicants. If someone isn't a British or Irish citizen, they can choose between a share code and their eligible immigration documents, and GOV.UK says an employer can't reject them because they gave an eligible document instead of a share code.
How to do a manual document check
- Ask to see the original documents. GOV.UK says you can no longer accept biometric residence cards or permits; ask for a share code instead.
- Check the documents with the applicant present.
- Check the photos match each other and the person in front of you, and the dates of birth match across documents.
- If two documents show different names, ask for the supporting document, such as a marriage certificate or divorce decree.
- For non-British or Irish applicants, check their permission hasn't expired, covers the type of work and any limit on hours, and for students see evidence of term and vacation dates.
- Make a copy that can't be changed, such as a photocopy, and record the date you made the check.
For passports, GOV.UK says copy any page with the expiry date and the holder's details, including any endorsements such as a work visa. For every other document, make a complete copy.
How long to keep the copies
Keep copies during the person's employment and for 2 years after they stop working for you. GOV.UK reminds employers to follow data protection law while you hold them, so store them securely and delete them when the 2 years are up.
Follow-up checks and people without documents
If someone's right to work is time-limited, you have to check again when it's due to expire. Put the expiry date in your diary the day you do the first check.
If an applicant can't show their documents or online status, for example because they have an outstanding application or appeal, or arrived before 1989 without documents, you must ask the Home Office to check. You must also ask where the applicant has a Certificate of Application that says so, or an Application Registration Card. The Home Office sends a Positive Verification Notice if they can work, and you must keep it.
Who doesn't need a new check
GOV.UK says you don't need to do checks for existing employees from the EU, EEA or Switzerland who came to the UK before 1 July 2021. New hires from those countries need a check like anyone else, and since 1 January 2021 you'll need a Home Office licence for hiring workers from abroad before you can employ EEA and Swiss citizens coming to the UK to work.
The penalties, as of October 2026
| Situation | What GOV.UK says can happen |
|---|---|
| You employ someone without the right to work and didn't do correct checks | A civil penalty of up to £60,000 for each illegal worker |
| You're found liable | A civil penalty notice, with 28 days to respond |
| You knew, or had reasonable cause to believe, they couldn't work | Up to 5 years in jail and an unlimited fine |
| Any finding | Your business details may be published by Immigration Enforcement |
And don't overcorrect. GOV.UK says you must not discriminate against anyone because of where they're from, so check every applicant the same way. Because you're holding copies of ID, check whether you also need to pay the ICO data protection fee. And once the check is done, UK payroll software handles the next step of putting your new starter on the books.
My verdict
Treat the right to work check as part of the offer, not an afterthought: do it before day one, do it the same way for everyone, copy and date it, and set a reminder for any expiry. The share code check takes minutes for non-British applicants; for British staff, look at the passport yourself or use an identity service provider. A two year old photocopy in a locked folder is what stands between you and a £60,000 fine.
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Frequently asked questions
What is a right to work check?
It's the check UK employers must do before employing someone, to confirm they're allowed to work in the UK. GOV.UK lets you check online with a share code, check original documents, or use an identity service provider.
Can British citizens get a share code?
No. GOV.UK says British and Irish citizens can't get a share code, so you check their passport or passport card, or use an identity service provider.
Can I accept an expired British passport for a right to work check?
GOV.UK's guidance for workers says a British or Irish passport or passport card can be current or expired when proving the right to work.
How long do I keep right to work documents?
Keep copies during the person's employment and for 2 years after they stop working for you, according to GOV.UK.
Can I still accept a biometric residence permit?
No. GOV.UK says employers can no longer accept biometric residence cards or permits and should ask for a share code instead.
What is the fine for not doing a right to work check?
As of October 2026, GOV.UK says you might have to pay a civil penalty of up to £60,000 for each illegal worker if you didn't do the correct checks.
Do I need to check existing EU employees?
Not if they came to the UK before 1 July 2021, according to GOV.UK.
