For employers

Right to work checks: what employers and workers need to know

Short answer: Employers must check that a job applicant can work in the UK before employing them, either online using the applicant's share code, by checking original documents, or through an identity service provider. Biometric residence cards and permits are no longer accepted as documents. Employers who skip a correct check risk a civil penalty.

Last reviewed: · By Mark Dent

The ways to check

  • Online, with a share code. Most non-British workers can generate one on GOV.UK. See eVisas and share codes.
  • Original documents. Check the original with the applicant present.
  • An identity service provider using Identity Document Validation Technology.

British and Irish citizens cannot get an online share code. Employers check their original documents, such as a passport or passport card, or use an identity service provider.

What to check in documents

  • The documents are genuine, original, unchanged and belong to the person.
  • Photos and dates of birth match across documents.
  • If two documents show different names, there is supporting evidence such as a marriage certificate.
  • For non-British or Irish applicants, the right to work has not expired and covers the type of work, including any limit on hours.

GOV.UK says you can no longer accept biometric residence cards or permits as documents; ask for a share code instead.

Records and follow-up

Make a copy that cannot be changed, record the date of the check and keep copies for the length of employment and two years after. If the worker's right is time-limited, check again before it expires.

When they cannot show documents

If an applicant has an outstanding application or appeal, or other reasons they cannot show documents, you must ask the Home Office to check. It sends a Positive Verification Notice that you must keep. The employer enquiry helpline is 0300 790 6268.

The fake document risk

Forged IDs and permits are advertised openly; see fake residence permits and fake ID law. A correct check is also the employer's defence against a civil penalty. Employers must not discriminate against anyone because of where they are from.

Frequently asked questions

How do employers check right to work?

Online with a share code, by checking original documents, or through an identity service provider, according to GOV.UK.

Can employers accept a BRP as proof?

GOV.UK says biometric residence cards and permits can no longer be accepted; ask for a share code.

How long must an employer keep copies?

For the length of employment and two years afterwards.

About the author
Written by Mark Dent from official GOV.UK guidance, UK legislation and public reporting. We do not sell, issue or arrange any licence or document, and we are not part of DVLA, DVSA or any government body. See our editorial policy or report a mistake.