Right to Work Checks UK: Employer Rules, Online Checks, Share Codes and 2026 Guidance

This guide is for UK employers researching right to work checks UK employers and planning to recruit internationally. It provides general operational information, not legal advice. Immigration Rules, sponsor guidance, statutory fees and employment law can change; check the live official sources linked below on the date you act. Eligibility must be assessed against the exact job, sponsor and worker circumstances.

Quick employer checklist

• Define the genuine vacancy, duties, salary, hours and work location.
• Check the current immigration route, occupation code and salary rules.
• Confirm the correct legal employer and sponsor licence coverage.
• Use transparent recruitment terms and verify candidate competence.
• Assign the correct CoS only after eligibility checks are complete.
• Complete the prescribed right-to-work check before work begins.
• Maintain records and monitor sponsor reporting obligations.

Why UK employers must check right to work

Employers must conduct the prescribed right-to-work check before a person starts work to establish a statutory excuse against a civil penalty for illegal working, where the check is correctly completed. The check must be carried out in the manner prescribed for the person's circumstances. Use the latest Home Office Employer's guide to right-to-work checks, which has a 1 October 2026 edition.

Apply checks consistently and without discrimination

Do not decide who to check based on name, accent, appearance, nationality or perceived immigration status. Apply the same process to all prospective employees. The Home Office's code of practice explains how to avoid unlawful discrimination while preventing illegal working. A person may be able to demonstrate their status through different permitted routes, and employers should not insist on a digital route where the guidance permits another method.

Online checks and share codes

Where the online service is the prescribed method, the individual provides a share code and date of birth so the employer can view the Home Office result. The employer must access the service itself, check the photograph against the person and review the work conditions and any restrictions. Retain the profile page or evidence in the form required by the guidance, together with the date of the check. A share code alone is not proof that the check was completed.

Manual document checks

Manual checks remain available for specified categories and acceptable documents. The employer must follow the prescribed steps, inspect the required original documents or permitted evidence, check that they relate to the person and retain copies in the required format. Do not accept an expired physical Biometric Residence Permit as proof simply because it was previously used. Follow the current eVisa and document rules.

Digital identity verification services

The Home Office guidance recognises approved digital identity services for eligible checks, including certain British and Irish citizens. Use a provider and process that meet the current requirements. Digital identity verification does not replace the employer's responsibility to ensure the check is valid and to retain the required output. Do not assume every worker can or must use the same digital route.

When a follow-up check is required

Where a person has time-limited permission, the employer may need to conduct a follow-up check before the permission expires. Maintain a central diary with clear ownership and escalation. If an application, appeal or administrative review is pending, use the Employer Checking Service where the guidance says it is appropriate and retain the Positive Verification Notice if issued. Do not rely on an application receipt alone.

Sponsored workers and restrictions

For a sponsored worker, verify that the person has permission to do the specific work and that any restrictions are compatible with the role. The right-to-work check and sponsor compliance process are related but separate controls. A correct check does not excuse inaccurate CoS information or failure to report sponsor events.

Contractors, agency workers and other arrangements

The legal duty and the appropriate checking route depend on the actual relationship and the applicable legislation and guidance. Do not assume that labelling a person self-employed or engaging them through an intermediary automatically resolves right-to-work responsibilities. Review the current 1 October 2026 guidance against the arrangement and obtain advice where the allocation of responsibility is unclear.

Record retention and data protection

Keep evidence of the check for the duration of employment and for the period specified in the guidance after employment ends, then securely delete it unless another lawful retention basis applies. Restrict access to immigration and identity records, use secure transfer methods and tell candidates why the information is needed. Do not collect more personal data than is necessary.

Right-to-work audit checklist

Before work starts, identify the correct method, complete the check, verify identity and permitted work, review restrictions, save the prescribed evidence and record the date. Set follow-up reminders where needed. Apply the process consistently, train managers, review agency and contractor arrangements and check the latest Home Office guidance when it changes.

Frequently asked questions

Can every UK employer sponsor an overseas worker?

No. The employer must meet the relevant sponsor requirements, and the role and worker must qualify under the specific immigration route.

Does a sponsor licence guarantee that a candidate will receive a visa?

No. The licence permits sponsorship within its scope. The worker must independently meet the Immigration Rules and the Home Office decides the application.

Can a worker start after receiving a Certificate of Sponsorship?

Not on that basis alone. A CoS is not a visa or permission to work. The employer must confirm the person's permission and complete the prescribed right-to-work check before work begins.

Can an employer charge sponsorship costs to the worker?

Some sponsorship costs must be paid by the sponsor and cannot be recovered from the worker. Check the current sponsor guidance before making deductions or repayment arrangements.

Are all jobs in a shortage sector eligible?

No. Industry demand does not establish immigration eligibility. Check the exact duties, occupation code, salary and route requirements.

Can a recruitment agency guarantee a visa?

No. A recruitment provider cannot guarantee a Home Office decision. Be wary of guaranteed-visa claims.

Official UK government resources

Use primary Home Office and GOV.UK sources rather than relying on historic blog posts or cached fee tables. Check the version and effective date before making a decision.

• Right-to-work checks: employer guide
• Sponsor duties and compliance
• Immigration Rules update log

Important: This article is general information for employers and is not legal advice. It does not determine whether a specific employer, job or individual qualifies for sponsorship. Rules and guidance can change. Obtain advice from an appropriately authorised UK immigration adviser or solicitor for case-specific decisions. The date of publication is not a substitute for checking the law in force on the date of application.

Identify the correct check route before requesting documents

The prescribed method depends on the individual's status and the documents or digital status available to them. Some people can be checked through the Home Office online service, some through manual document checks and eligible British or Irish citizens may use a certified digital identity service. Follow the current employer guidance for the exact category. Do not ask every candidate for a share code as a universal rule, and do not reject an acceptable alternative route simply because it is unfamiliar.

Carry out the online check properly

When using the Home Office online service, the employer should access the service using the share code and date of birth supplied by the individual. Review the result and check that the photograph matches the person presenting for work. Read any restrictions carefully, including limits on the type of work or hours. Save the prescribed output and record the date. A screenshot of a share-code message or an email from the candidate is not a substitute for completing the employer's online check.

Understand eVisas and changes in status

Many people now prove immigration status digitally rather than through a physical card. Employers should use the current online process and should not insist on an expired physical document where the person's status is evidenced through the digital system. If a person says their status is not displaying correctly, follow the Home Office guidance and consider the appropriate checking service. Do not make assumptions about a person's right to work based solely on the expiry date printed on an old card.

Use the Employer Checking Service when appropriate

In specified circumstances, an employer may need to use the Employer Checking Service to establish whether a person has an outstanding application or another basis for a statutory excuse. Follow the guidance on when the service can be used and what information must be provided. If a Positive Verification Notice is issued, retain it and diarise the next action required by the guidance. An application acknowledgement from the worker is not itself the employer's verification.

Check the actual work permission and restrictions

A successful check is not simply a yes-or-no identity exercise. Review whether the person can do the proposed job, whether there are restrictions on hours or type of work and whether the permission is time-limited. For sponsored workers, compare the permission and sponsored role with the work the employer intends to provide. If the role changes, obtain advice and assess the sponsor and right-to-work implications before the change takes effect.

Avoid discriminatory requests and decisions

Apply checks consistently to all prospective employees at the appropriate stage. Do not carry out more intrusive checks on people because of their race, nationality, accent or appearance. Do not assume that a British-sounding name indicates status or that a foreign-sounding name means sponsorship is required. Train recruiters and managers to use a standard process and keep a record of the method used, not subjective impressions about a candidate.

Retain evidence securely and delete it when appropriate

Keep the evidence in the format and for the period specified in the current guidance. Restrict access to staff who need it, use secure systems and avoid emailing identity documents around the business. Once the required retention period has ended, securely delete the records unless another lawful basis requires retention. Tell workers why the check is being performed and do not collect additional identity or immigration documents without a clear purpose.

Audit the whole recruitment journey

Sample checks from recent starters and confirm that the method was correct, the result was saved, the date was recorded and restrictions were reviewed. Check that follow-up dates are diarised and that managers know how to escalate status changes. Review agency and contractor arrangements to establish who is responsible for the check. Use the latest Home Office employer guide, including its 1 October 2026 edition, rather than relying on historic internal forms.

What a valid statutory excuse depends on

The statutory excuse depends on completing the correct prescribed check, at the correct time, in the required manner and retaining the required evidence. A photocopy of a passport, a candidate's verbal assurance or an unchecked share code may not be sufficient. If the employer uses an approved digital identity service, it must be one permitted for the relevant category of person and the employer must retain the required output. When in doubt, return to the current employer guide rather than improvising a hybrid process.

Manage follow-up checks as a controlled task

A follow-up check should have a named owner, due date, reminder schedule and escalation path. Do not rely on a calendar entry held only by one recruiter. If the worker's permission is extended or a new application is made, establish the correct evidence and checking route under the current guidance. If the employer cannot establish the right to work, seek advice promptly and follow the prescribed process. Keep the record of each check so that a later reviewer can see what was checked and when.