Every UK employer must verify that each employee has the right to work in the UK before they start work. This is not optional, it cannot be done retrospectively, and the penalties for getting it wrong are among the highest in employment law — up to £60,000 per illegal worker for repeat offences. This guide covers the three right-to-work check methods available in 2026, the timing rules, what constitutes a valid statutory excuse, and the specific requirements for sponsored workers.
The Three Check Methods
The Online Check — For Sponsored Workers
Online Right-to-Work Check
1. Worker generates a Share Code
On the gov.uk 'Prove your right to work' service. Valid for 90 days.
2. Employer enters the Share Code and date of birth
On the gov.uk 'Check a job applicant's right to work' service.
3. System confirms right-to-work status
Including work type allowed, any restrictions, and expiry date.
4. Save and retain the result
Download or screenshot. Keep for employment duration plus 2 years.
Since January 2025, physical BRP cards are being phased out. The eVisa system means most sponsored workers prove their right to work via Share Code only. If a worker presents a physical BRP, still verify online — the card itself is no longer sufficient.
Timing Rules — When the Check Must Happen
The Timing Is Non-Negotiable
The right-to-work check must be completed before the worker starts their first day of employment. Not on the first day — before it.
A check done after the first day does not establish a statutory excuse — even if the worker turns out to have valid permission.
Follow-Up Checks for Sponsored Workers
For workers on time-limited visas, you must conduct a follow-up check before the visa expires. Set a diary reminder at least 3 months before expiry. If the visa expires and they haven't renewed, they cannot legally work.
Penalties for Non-Compliance
A statutory excuse protects you from a civil penalty if you conducted the prescribed checks correctly and on time. This is your insurance policy — do the checks properly every time.
Specific Rules for Sponsored Workers
Additional Checks for Your Sponsored Team
• Verify the CoS details match the actual role, salary and location
• Confirm the worker is doing the job described on their visa
• Monitor visa expiry and begin renewal at least 3 months before
• Report any changes through the SMS within required deadlines
Record-Keeping Requirements
What to Retain
• Copy of the online check result (screenshot or PDF)
• Date the check was conducted
• Date of any follow-up check
• Retention period: duration of employment + 2 years
How Recruitroo Handles Right-to-Work for UK Employers
Recruitroo's compliance dashboard tracks every sponsored worker's visa status and expiry date. We flag when follow-up checks are due, provide templates for the check process, and ensure the right-to-work record is filed correctly as part of onboarding. Our UK clients maintain clean statutory excuses across their entire sponsored workforce.
Need to set up a compliant right-to-work process?
We can audit your current process and set up the tracking, reminders and record-keeping you need to stay compliant.
Get a QuoteSee Client StoriesThis guide reflects UK right-to-work check requirements as of May 2026. Home Office guidance and penalty levels are subject to change.