Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Right to work check definition

What does Right to work check mean? A right to work check is the pre‑employment immigration compliance process by which an employer verifies and records a candidate’s lawful entitlement to undertake the role offered. United Kingdom (England & Wales, Scotland, Northern Ireland): The concept is embedded in the Immigration, Asylum and Nationality Act 2006 and the Immigration (Restrictions on Employment) Order 2007, and detailed in Home Office guidance. If carried out correctly before employment starts—and repeated where permission is time‑limited—it gives a statutory excuse against civil penalties for illegal working; knowing employment remains a criminal offence. Acceptable methods are: (i) the Home Office online right to work service...

UK right to work checks: manual, online and digital verification, Employer Checking Service, record-keeping and repeat checks under Home Office guidance (from 26 June 2025)

Published by a LexisNexis Immigration expert

Practice notes

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This Practice Note

This Practice Note explains how employers should complete a ‘right to work check’ properly, outlining the core actions for both digital and in-person checks, the records that must be kept, and how to plan for follow-up checks. It summarises online and manual routes in parallel, highlights documentation retention duties, and advises on scheduling necessary repeat checks across the employment lifecycle. It also addresses checks for British and Irish nationals using Identity Document Validation Technology through a Digital Verification Service. A right to work check must be undertaken before employment starts, to confirm the individual is permitted to perform the role. When completed correctly, the employer gains a statutory excuse against a civil penalty. For more detail, including which categories of workers require checking, see Practice Note: Right to work checks: when and why. This Practice Note describes the process for right to work checks in line with the applicable Home Office guidance that took effect on 26 June 2025. To assess whether a past check was done correctly—namely, whether a statutory excuse was created for a specific employee before that date—it is necessary to consult archived guidance for the relevant timeframes. A list of links to archived guidance is...

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Duncan Bain

Bower Bailey Solicitors

In the 1990s I worked in the non-profit advice sector as a immigration and employment case-worker.After qualifying as a barrister I joined Morgan Cole LLP in 2001 and continued to provide immigration and employment advice, primarily for commercial and public sector clients.I moved to Penningtons Manches LLP in 2013 which focused more on commercial and academic sector clients. I was split between the immigration and employment departments.I moved to Bower Bailey in 2018. I lead the immigration work here, the biggest portion of which is for Skilled Work sponsors. My employment law practice is also strong and we offer a number of joint retainers, covering both areas of practice to commercial clients....

Laura Darnley

Ward Hadaway

Laura is a Partner in Ward Hadaway's Employment and Immigration team. She has extensive experience in advising clients in relation to all of their "people" related needs . She specialises in advising on business immigration issues to help clients recruit and retain the best talent from across the worldLaura provides advice on all aspects of the UK’s immigration regime, including right to work compliance, sponsor licensing, Skilled Worker visas and Global Business Mobility visas. She also advises on the requirements for international business travellers inbound to the UK and globally mobile workforces so that clients can ensure they have access to key talent when and where they need it. She has a 100% success rate in relation to sponsor licence and visa applications. Her advice is commercial and pragmatic and ensures that her clients are able to achieve their strategic workforce...

Web page updated on 22/05/2026

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