Starting a new job in the UK involves more than signing an employment contract. Before you can begin work, your employer must confirm that you have the right to work in the UK. This legal requirement applies to almost every employee, regardless of whether they are a British citizen, an Irish citizen, or a visa holder with permission to work.
The right to work is a person’s legal entitlement to employment in the UK. UK employers have a legal responsibility to verify every worker’s immigration status before employment starts. These checks help prevent illegal working while protecting businesses from serious legal and financial consequences. Employers must verify Right to Work before employment starts, and they must conduct Right to Work checks consistently for every job applicant to avoid discrimination.
The process has changed significantly in recent years. As the UK moves towards digital immigration records, many visa holders now rely on an online UKVI account rather than a physical Biometric Residence Permit (BRP) or Biometric Residence Card (BRC). Understanding which method applies to your immigration status can help avoid delays when accepting a new job.
In this guide, we explain who has the right to work in the UK, how to prove it to a UK employer, the documents that are accepted, the difference between manual and online checks, and the steps employers should follow to remain compliant with current Home Office requirements.
As experienced UK immigration lawyers, Salam Immigration supports individuals and businesses across the UK with immigration and employment-related matters. Whether you need advice about your immigration status, work permission, visa applications, or compliance with Home Office requirements, our team provides practical guidance tailored to your circumstances.
What Is the Right to Work in the UK?
The right to work refers to a person’s legal permission to undertake employment in the United Kingdom. In simple terms, it confirms whether an individual is allowed to work in the UK under UK immigration law. This permission may arise automatically through citizenship or be granted through a visa or another recognised immigration status.
The legal framework for the right to work is set out in the Immigration, Asylum and Nationality Act 2006, which places a clear responsibility on UK employers to confirm every employee’s eligibility before employment begins. Employers must conduct right to work UK checks before employment starts, regardless of the applicant’s nationality, job role, or contract type. These checks must also be carried out consistently to ensure that every job applicant is treated fairly and without discrimination.
For many people, the right to work is permanent. British citizens and Irish citizens generally have unrestricted permission to work in the UK. Others may have permission through Indefinite Leave to Remain (ILR), Settled Status under the EU Settlement Scheme, or another form of immigration permission. Visa holders may also have the right to work, although their permission may include conditions such as limits on working hours or restrictions on the type of employment they can undertake.
The purpose of these checks is not simply administrative. They protect businesses from employing people who do not have legal permission to work and help maintain compliance with UK immigration rules. By completing the correct checking process, employers establish what is known as a statutory excuse, which can protect them from liability if it later emerges that an employee was working unlawfully despite proper checks being carried out.
Difference in Right to Work in US and UK Law
The meaning of “right to work” is also worth clarifying because it differs between the UK and the United States. In the UK, the right to work relates to a person’s legal entitlement to employment based on their immigration status. In contrast, right-to-work laws in the United States are state-level regulations that determine union membership and fees. They concern labour relations rather than immigration permission. Although both use similar terminology, they refer to entirely different legal concepts.
Understanding this distinction helps avoid confusion, particularly when searching online, where information about American labour law often appears alongside UK immigration guidance.
Who Has the Right to Work in the UK?
Not everyone has the same immigration status, which means the right to work in the UK is not granted in the same way for every individual. Some people have an unrestricted right to work because of their citizenship, while others are permitted to work only if their visa or immigration permission allows it.
Understanding who has the right to work is important for both job applicants and UK employers. It helps individuals prepare the correct documents before applying for a job and enables employers to complete compliant right to work checks under current Home Office guidance.
British and Irish Citizens
Most British citizens have an unrestricted right to work in the UK. They do not need a visa or any additional immigration permission before starting employment. To prove their eligibility, they can usually present a valid or expired British passport during the checking process. If a passport is unavailable, other acceptable documents listed by the Home Office may also be used in certain circumstances.
Similarly, an Irish citizen has an unrestricted right to work in the UK under the Common Travel Area arrangements. An Irish citizen can prove their eligibility using a valid or expired Irish passport or an Irish passport card. This long-standing agreement allows British or Irish citizens to live and work in each other’s countries without requiring a work visa.
Individuals with Indefinite Leave to Remain (ILR)
People who have been granted Indefinite Leave to Remain (ILR) also have a permanent right to work in the UK. ILR removes immigration time limits and allows individuals to live and work without needing further permission.
Many people who previously relied on a Biometric Residence Permit (BRP) are now transitioning to a digital immigration record, commonly known as an eVisa. Where applicable, they will normally prove their right to work by generating a right to work share code through their UKVI account, which enables an employer to complete an online check.
Although ILR provides permanent work permission, employers must still verify the individual’s immigration status before employment begins.
EU Settlement Scheme Status Holders
Citizens of EU, EEA and Swiss countries who successfully applied under the EU Settlement Scheme also have the right to work in the UK.
There are two main forms of status under the scheme:
- Settled Status, which provides permanent permission to live and work in the UK.
- Pre-settled Status, which provides temporary permission and may require follow-up right to work checks if the permission is time limited.
Unlike previous years, most status holders no longer rely on physical documents. Instead, they access their digital immigration record through a UKVI account and generate a share code for their employer. The employer then completes the online verification using the Home Office online checking service.
Skilled Worker Visa Holders and Other Visa Holders
Many overseas nationals have the right to work because their visa specifically permits employment. Examples include individuals holding a UK work visa, such as a:
- Skilled Worker visa
- Health and Care Worker visa
- Global Talent visa
- Graduate visa
- Scale-up Worker visa
- Innovator Founder visa
- Certain family visas
However, not every visa gives unrestricted permission to work. Some visas contain conditions that limit the number of working hours, restrict self-employment, or prohibit certain occupations. Employers should always review the individual’s permission carefully during the right to work checking process rather than assuming every visa allows unrestricted employment.
Where an employee has permission to work for a limited period, employers must carry out follow-up checks before the visa expires. These repeat checks help ensure continued compliance with Home Office guidance.
Commonwealth Citizens and the Windrush Scheme
Some Commonwealth citizens may also have the right to work in the UK, even if they do not currently hold standard immigration documents, and may need tailored guidance on proving their immigration status.
Individuals who qualify under the Windrush Scheme may obtain evidence confirming their lawful immigration status and employment rights. Depending on their circumstances, they may receive documentation or digital confirmation that enables employers to complete the appropriate right to work check. Where documentary evidence is unavailable, the Employer Checking Service may be used to verify an individual’s permission to work.
People with Pending Immigration Applications
Some individuals remain eligible to work in the UK while awaiting a decision from the Home Office on an immigration application, administrative review or appeal.
In these situations, the person may not have physical evidence of their current status. Instead, employers can request verification through the Employer Checking Service, which confirms whether the individual has ongoing permission to work. If the response provided by the Home Office confirms eligibility, the employer receives a Positive Verification Notice, which can establish a statutory excuse for a limited period.
This process is particularly useful where an applicant’s previous visa has expired but their immigration application was submitted before expiry and remains under consideration.
Who Does Not Have the Right to Work?
Not everyone living in the UK is automatically entitled to employment. Individuals whose immigration status prohibits work, or whose visa has expired without any continuing permission, do not have the right to work.
Equally, expired documents cannot be used for right to work checks, unless Home Office guidance specifically allows their use, such as an expired British passport or an expired Irish passport. Employers should never assume that an expired visa or outdated immigration document continues to provide valid work permission.
Working without the legal right to work may result in immigration enforcement for the employee. It can also expose employers to significant legal consequences if they fail to complete the required checks correctly.
How to Prove Your Right to Work in the UK
You must also be able to prove your right to work before you start a new job. UK employers are legally required to verify every employee’s permission to work before employment begins, regardless of whether the person is a British citizen, an Irish citizen, or a visa holder.
Most people ask us “how to check right to work in UK”, but there is no single answer. The method you use depends on your immigration status. Some people can prove their right to work using an online immigration record, while others may need to present original documents for a manual check. Understanding which process applies to you can help prevent delays and ensure your employer can complete the required checks in line with Home Office guidance.
Proving Your Right to Work with an eVisa and Share Code
For many visa holders, proving the right to work is now a digital process. The Home Office has been replacing physical immigration documents with eVisas, allowing individuals to access and share their immigration status online.
If you have an eVisa, you will usually need to:
- Sign in to your UKVI account.
- Access your digital immigration status.
- Generate a share code for employment purposes.
- Give the share code to your employer, together with your date of birth.
The employer then uses the Home Office online service to complete an online check. The system displays your immigration status, your permission to work, any conditions attached to your visa, and a photograph to confirm your identity.
A share code allows online verification of right to work status without requiring you to submit physical immigration documents. Once the employer has completed the online check, they should save a copy of the response provided as part of their employment records.
It is important to remember that a share code is only valid for a limited period. If it expires before your employer uses it, you will need to generate a new one through your UKVI account.
Using Original Documents for a Manual Right to Work Check
Not everyone proves their right to work online. In some cases, employers must carry out a manual right to work check using original documents.
According to Home Office guidance, a manual check requires the employer to:
- Inspect the original documents in the presence of the applicant.
- Check that the documents appear genuine and belong to the person presenting them.
- Confirm that photographs, names, and dates of birth are consistent.
- Make a clear copy of each document.
- Record the date the check was completed.
- Keep the copies securely for the required retention period.
A manual check cannot normally be completed using scanned copies, photocopies or photographs sent by email. The employer must review the original documents unless Home Office guidance specifically allows another method.
Manual checks remain important for certain categories of workers and continue to form part of the approved right to work checking process.
Acceptable Documents for Right to Work Checks
The Home Office publishes detailed lists of acceptable documents that employers can rely upon when carrying out a right to work check.
Depending on the individual’s circumstances, these may include:
| Applicant | Examples of acceptable documents |
| British citizens | Valid or expired British passport |
| Irish citizens | Valid or expired Irish passport or passport card |
| Individuals born in the UK | Full UK birth certificate together with an official document showing their National Insurance number |
| Individuals born in Ireland | Full Irish birth certificate with supporting evidence where required |
| Commonwealth citizens | Eligible immigration document or evidence obtained through the Windrush Scheme |
| Visa holders | Digital immigration status verified using a share code |
| Other eligible applicants | Documents listed in Home Office List A or List B |
Some applicants may also rely on an adoption certificate issued in the UK together with supporting evidence specified by the Home Office.
Although employers often ask for a National Insurance number, it is important to understand that this number alone does not prove right to work. It helps with tax and payroll administration but is not, by itself, evidence of permission to work in the UK.
Biometric Residence Permits and the Move to eVisas
For many years, overseas nationals proved their right to work using a Biometric Residence Permit (BRP) or, in some cases, a Biometric Residence Card (BRC).
The UK Government is now replacing these physical documents with digital immigration records. As a result, many visa holders no longer present a BRP to their employer. Instead, they use their UKVI account to generate a share code, allowing the employer to verify their immigration status online.
This transition is intended to make the checking process more secure, reduce document fraud, and ensure immigration records remain up to date.
If you previously relied on a BRP, you should ensure your UKVI account is active and your eVisa details are accurate before applying for a new job. Keeping your digital record updated will help avoid unnecessary delays during recruitment.
What If You Cannot Provide Your Documents?
There are situations where a job applicant cannot immediately provide evidence of their right to work. For example, they may have:
- an outstanding immigration application,
- an administrative review,
- an appeal against an immigration decision, or
- documents currently held by the Home Office.
In these cases, employers may be able to use the Employer Checking Service instead of relying on physical documents. The Employer Checking Service enables the Home Office to confirm whether the individual has permission to work. If the individual is eligible, the employer receives a Positive Verification Notice, which provides evidence that the required right to work check has been completed for a specified period.
Common Mistakes When Proving Your Right to Work
Although the process is usually straightforward, small errors can delay recruitment or prevent an employer from completing the required checks.
Some of the most common mistakes include:
- Providing an expired share code instead of generating a new one.
- Forgetting to update personal details on a UKVI account.
- Presenting documents that are not recognised as acceptable under Home Office guidance.
- Assuming a National Insurance number proves the right to work.
- Attempting to use expired immigration documents that are no longer valid.
- Failing to inform an employer when immigration status changes.
- Waiting until the first day of work to gather the required documents.
Ultimately, proving your right to work is about demonstrating your legal entitlement to employment in a way that satisfies Home Office requirements. Whether you use a digital immigration record, a share code, or original documents, ensuring your evidence is accurate and up to date will help your employer complete the checking process confidently and without delay.
How Employers Carry Out Right to Work Checks
Every UK employer has a legal responsibility to verify a person’s right to work before employment begins. These checks are not optional. They form part of the employer’s statutory duties under UK immigration law and help prevent illegal working.
The Home Office recognises several methods of carrying out a right to work check, depending on the individual’s immigration status and the documents they hold.
Online Right to Work Checks
An online check is now the most common method for individuals who hold a digital immigration status, such as an eVisa. The process is straightforward:
- The job applicant generates a share code through their UKVI account.
- The applicant provides the share code and their date of birth to the employer.
- The employer accesses the Home Office online checking service.
- The employer reviews the applicant’s digital record, including their photograph and any conditions attached to their permission to work.
- A copy of the online result is saved as part of the employment records.
During the online review, employers should confirm that:
- the photograph matches the person attending for work,
- the name and personal details are consistent,
- the individual’s permission covers the type of work being offered, and
- there are no restrictions that would prevent the proposed employment.
The online system creates a reliable digital record, reducing the risk of document fraud and ensuring that immigration information is taken directly from Home Office records.
Manual Right to Work Checks
According to Home Office guidance, a manual check requires employers to examine original documents from the approved Home Office Lists A or B. The employer should:
- inspect each original document carefully,
- ensure the documents appear genuine,
- confirm they belong to the individual presenting them,
- check that names, dates of birth and photographs are consistent,
- make a clear copy of every document,
- record the date the check was completed, and
- retain those records securely.
Manual checks require original documents from Home Office Lists A or B. Simply viewing scanned copies or photographs will not normally satisfy the legal requirements.
Employers should also pay close attention to expiry dates. While an expired British passport or an expired Irish passport may still be accepted under Home Office guidance, expired documents cannot be used for right to work checks where they relate to immigration permission, visas or residence permits.
Using an Online Identity Service Provider (IDSP)
Some employers choose to use an Online Identity Service Provider (IDSP) to verify the identity of British and Irish citizens. An IDSP uses Identity Document Validation Technology (IDVT) to confirm that identity documents appear genuine. This can make recruitment more efficient, particularly for organisations recruiting remotely or processing large numbers of applications.
Follow-up Checks for Time-Limited Permission
Many visa holders are granted the right to work for a fixed time limit and follow-up checks are required for time-limited work permissions. Failing to complete these checks may expose the employer to legal liability if the employee no longer has permission to work.
Employees also have an important responsibility. They should notify their employer promptly if their immigration status changes, particularly where a new visa has been granted, conditions have changed or an extension application has been approved.
Keeping Right to Work Records
Under current Home Office guidance, employers must keep Right to Work records for two years post-employment. Keeping accurate records helps demonstrate compliance if the Home Office later conducts an inspection or audit. These records should normally include:
- copies of the documents reviewed or the online verification result,
- the date the check was completed,
- the name of the person who carried out the review where appropriate, and
- any supporting evidence obtained during the checking process.
Many employers also use a Home Office checklist as part of their internal recruitment procedures to ensure every required step has been completed consistently.
Conducting Checks Fairly and Consistently
Employers should never decide who to check based on nationality, ethnicity, accent or appearance. Employers must conduct checks consistently to avoid discrimination.
Applying the same checking process to every applicant reduces the risk of unlawful discrimination while ensuring compliance with immigration law. Consistency is particularly important for businesses that recruit internationally or employ workers with a wide range of immigration statuses.
What Happens if Employers Fail to Carry Out Right to Work Checks?
Where an employer hires someone who does not have permission to work and has failed to complete the required checks, the Home Office may impose significant sanctions. These potential penalties include:
- Employers face fines up to £45,000 per illegal worker.
- Repeat breaches can incur fines up to £60,000 per illegal worker.
- The Home Office can issue civil penalties for non-compliance with regulations.
- Employers may face criminal charges for knowingly hiring illegal workers.
Beyond financial penalties, businesses may also suffer reputational damage, disruption to operations and increased scrutiny from immigration authorities.
Need Help Proving Your Right to Work?
Whether you are a job applicant preparing to start a new role or a new employer looking to meet your legal obligations, obtaining the correct advice can save time and prevent unnecessary delays.
At Salam Immigration, our experienced immigration solicitors in London provide practical guidance on job applicant’s right to work, visa-related employment issues, digital immigration records, and Home Office compliance. We can also help you understand a status issued through your UKVI account, explain the documents you need, assist if you have received an official letter from the Home Office, or advise when the Employer Checking Service is required.
If you need further information about proving your right to work or navigating the work checking service, contact Salam Immigration today for clear, reliable, and tailored immigration advice.
