A Guide to the Right to Work in the UK and Right to Work Checks

The "right to work" in the UK is a critical concept for employers, employees, and job seekers alike. Ensuring compliance with UK immigration laws is essential for businesses, while migrant workers need to understand their legal status in order to maintain compliance with visa conditions. This article delves into the key requirements that businesses need to do to stay compliant.

What Does the Right to Work in the UK Mean?

The right to work in the UK refers to the legal entitlement of an individual to undertake employment within the country. This right depends on various factors such as nationality, immigration status, and visa type. For employers, ensuring that a prospective employee has the right to work is not just a recommendation, it is a legal obligation. Failure to conduct proper checks can result in hefty fines and even criminal charges.

Who Has the Right to Work in the UK?

Several groups automatically have the right to work in the UK, including:-

• British citizens: as citizens, they do not require any special documentation to work.
• Irish citizens: thanks to the Common Travel Area (CTA) that the UK shares with the Republic of Ireland plus the special place that Irish nationals enjoy in British immigration law, Irish citizens are free to live and work in the UK without restrictions.
• EU, EEA, and Swiss citizens (Post-Brexit): those who arrived before 31 December 2020 may and who hold status under the EU Settlement Scheme still have the right to work without restriction. For other EEA and
• Swiss nationals, a valid visa is required for employment purposes.  
• Visa holders: individuals on certain visas, such as Skilled Worker or Global Business Mobility, have employment rights tied to the conditions of their visa. Other visa types, such as the Graduate or Global Talent, allow complete freedom of employment but for a limited period. While those individuals that hold indefinite leave to remain or settled status are not subject to any working restrictions.

Right to Work Checks: Employer Responsibilities

Regardless of which group a worker falls under, employers must verify an individual’s right to work before employment begins. Holding a Sponsorship Licence and sponsoring the employee under the Skilled Worker route does not exempt an employer from this requirement. The process involves:-

1. Requesting Documentation. Employers should request acceptable documents such as a British or Irish passport, an immigration status document, or a share code for online verification.  
2. Checking Validity. Examine the documents to ensure they are genuine, unaltered, and belong to the prospective employee.  
3. Keeping Records. Make and store copies of all relevant documentation, including the date the check was completed.  

Types of Right to Work Checks

There are three principal ways in which an employer may check a worker’s right to work. The most appropriate method will depend on the worker’s immigration status. The options are:-

• A manual check requiring the worker to present original documentation to an employer. This potentially also includes using an identity service provider which will be able to verify identity documents on behalf of an employer (although the employer will remain liable if the service provider makes a mistake). 
• Checking a worker’s right to work using the Home Office’s online checking tool in combination with a share code provided by the prospective worker through their UKVI online eVisa account. 
• Using the Home Office’s Employer Checking Service which allows employers to check a worker’s immigration status if they cannot show hard-copy documents or an online immigration status. This route enable individuals who are in the process of applying or extending a visa to prove their immigration status.

Acceptable Documents for Right to Work Checks

Depending on an individual’s circumstances, different documents or information may be acceptable as proof of the right to work. These include but are not limited to:  

• a valid British or Irish passport;
• a UK or Irish birth certificate;
• a valid passport that contains an endorsement to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK or has the right of abode in the UK;
• a current immigration status document plus official proof of an individual’s National Insurance number;
• a Certificate of Application issued under the EU Settlement Scheme (dated within the previous six months);
• a digital share code issued from an individual’s UKVI online account; or 
• a Home Office application reference number as evidence of an ongoing visa application.

Consequences of Non-Compliance

The Home Office recommends that all employers carry out right to work checks on both full-time and temporary staff, inclusive of self-employed freelancers. If an employer carries out thorough right to work checks in accordance with Government guidelines, then the organisation will establish a “statutory excuse against liability for a civil penalty” if it is found to have employed an individual who has not right to work. 
Civil penalties can reach up to £60,000 per illegal worker. Repeat offenses or knowingly hiring illegal workers could lead could also lead to criminal charges, including imprisonment.  

Recent Changes in UK Right to Work Laws  

Following Brexit, right to work checks have changed, particularly for EU, EEA, and Swiss citizens. As of 1 July 2021, employers can no longer accept EU passports or national identity cards as proof of the right to work unless the individual has been granted settled or pre-settled status under the EU Settlement Scheme. You will note that individuals who were granted permanent residence under the now defunct EEA regulations prior to 31 December 2020 also need to show that they hold status under the EU Settlement Scheme.

On 1 January 2025, the Home Office switched to an entirely digital immigration system. This means that all European and non-European nationals with a right of residence in the UK must provide a share code to an employer as evidence of their right to work. Where it is impossible to provide a share code, the Home Office allows employers to use the Employer Checking Service as a temporary stopgap. In certain limited circumstances, an employer may still accept a limited range of hard-copy documents from non-British or Irish nationals, however, how long this will last is uncertain. 

Need Help Navigating Right to Work Rules?  

The right to work in the UK is a critical issue for both employers and employees. Staying informed about current laws and processes can protect businesses from costly penalties and ensure employees can work legally and confidently. 

If you are a business unsure about right to work compliance or an individual seeking clarity on your employment eligibility RLegal Solicitors can help. Our team specializes in immigration compliance, right to work checks, and employment law in the UK. Contact us today to learn how we can assist you in staying compliant while fostering a legally secure workplace.