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The three ways to check right to work
GOV.UK sets out three ways to check a job applicant's right to work. Which one you use depends on the person and the documents they have.
British and Irish citizens cannot get an online share code, so check their original documents, such as a passport or passport card, or use an identity service provider. Employers can no longer accept biometric residence cards or permits; ask for a share code instead.
- Online check, using the share code the person gives you
- Manual check of the person's original documents, with them present
- Identity Document Validation Technology (IDVT), through an identity service provider
What to check
For a manual check, confirm the documents are genuine, original, unchanged and belong to the person in front of you. If the person is not a British or Irish citizen, also check the dates and the type of work they are allowed to do.
- Photos match across documents and look like the person
- Dates of birth are the same across documents
- Any difference in names is explained by supporting documents
- Permission to work has not expired
- The work you are offering is allowed, including any limit on hours
- For students, evidence of their study and vacation times
What records to keep, and for how long
Make a copy that cannot be changed, such as a photocopy, and record the date you made the check. For passports, copy every page with the expiry date and the person's details, including endorsements such as a work visa. For other documents, copy the whole document.
Keep the copies for the whole time the person works for you and for 2 years after they leave, and follow data protection law. If you checked correctly, the record helps show you should not pay a civil penalty if someone turns out not to have the right to work.
- The type of check you did and the date
- Who carried out the check
- A copy of the documents or the online check result
- The date the person's permission ends, if time-limited
- The date the follow-up check is due
Follow-up checks for time-limited permission
If a person's right to work is time-limited, you need to check again before it is due to expire. This is the step most often missed, because the date sits in a file rather than in anyone's diary.
If someone cannot show their documents or online status, for example because they have an outstanding application or appeal, ask the Home Office to check their status. Keep the Positive Verification Notice the Home Office sends.
Why it matters
An employer that employs someone without the right to work, and did not carry out a correct check, can face a civil penalty of up to £60,000 for each illegal worker. GOV.UK says you will not have to pay the penalty if you can show you made the correct right to work checks.
Check everyone in the same way. You must not discriminate against anyone because of where they are from.
How SkillProof helps
SkillProof keeps a right to work check record against each person, with the type of check, the date, who did it and the supporting evidence. Record when a person's permission ends and the reminder goes out before the follow-up check is due. The record stays with their training, documents and other checks.
SkillProof does not carry out right to work checks or decide whether someone can work for you. Use GOV.UK's online service, the original documents or an identity service provider for the check itself. This guide is not legal advice.
Official guidance used for this guide
Checked
GOV.UK guidance used for this article. Check it for the latest rules before you rely on them.
Questions this guide answers
Do employers have to check right to work?
Yes. You must check that a job applicant is allowed to work for you in the UK before you employ them, using an online check, a manual document check or an identity service provider.
How long should right to work records be kept?
For the whole time the person works for you and for 2 years after they stop working for you, following data protection law.
When is a follow-up right to work check needed?
When the person's permission to work is time-limited. Check again before it is due to expire, and record the date of each check.
Does SkillProof carry out right to work checks?
No. SkillProof records the check your organisation made, the evidence and the dates, and reminds you before a follow-up check is due.