Step by step

Right to work check: how to do it, step by step (October 2026 rules)

Last checked 22 October 2026 7 min read By James Whitfield, EmployerCalculator Editorial
Quick answer

Check every new hire before they start work, the same way for everyone. If they give you a share code, check it online; for British and Irish citizens, check original documents with the holder present, or use an identity service provider for a valid passport1. Make a clear copy, write the date of the check on it, and keep it for the employment plus 2 years1. Done properly before work starts, the check is your defence against a civil penalty of up to £60,000 per illegal worker2.

Which check to use

The personThe checkWhat you keep
Has an eVisa or other digital status, including EU Settlement Scheme statusOnline check with the share code they give you, on GOV.UKThe online check result (save or print it)
British or Irish citizenManual check of an original document from the Home Office list, such as a passport (they can't get a share code)A clear, unchangeable copy, dated
British or Irish citizen with a valid passport, checked remotelyA certified identity service provider (identity document validation technology)The provider's output
Can't show documents (for example an appeal is pending)Ask the Home Office Employer Checking ServiceThe Positive Verification Notice

You can no longer accept biometric residence permits or cards: ask for a share code instead1.

Manual check: step by step

  1. Obtain. Ask for the original documents. Check them with the person present, in person or on a live video call. On a video call you still need the original document in your possession: a photo, scan or a document held up to the camera isn't enough3.
  2. Check. Make sure each document is genuine, unaltered and belongs to the person, that the photo looks like them and that dates of birth match across documents1. If names differ, see evidence of the change (for example a marriage certificate).
  3. Copy. Make a clear copy that can't be changed, such as a photocopy or a scan saved as a PDF. For a passport, copy the page with the expiry date and the page with their details (and any endorsement). For other documents, copy the whole document1.
  4. Date. Record the date you made the check on the copy1. Without a date you can't show it happened before work started.
  5. Keep. Keep the copies for the whole employment and for 2 years after they stop working for you1.

Online check with a share code: step by step

  1. Ask. Ask the person for their share code and date of birth. They get the code from GOV.UK.
  2. Check. Use GOV.UK's service for viewing a job applicant's right to work details, and check that the photo on the result is the person in front of you (in person or by video)1.
  3. Note restrictions. Read any limit on the type of work or hours. For a student, also get evidence of their term and vacation dates.
  4. Keep. Save the result with the date of the check, and diarise a follow-up check if their permission is time-limited.

What leaves you without a defence

  • Doing the check after they start. A check in week two doesn't cover week one.
  • No date on the copy.
  • Missing the follow-up check where permission is time-limited: diarise it before it expires.
  • Not keeping the copies for the employment plus 2 years1.
  • Checking only some people. Choosing whom to check by name, accent or appearance is race discrimination, and leaves gaps. Check every hire the same way.

Free template: what your right to work record should show

Keep a one-page record with the copy or online result. It should show:

  • Name of the person checked, and whether they're engaged as an employee, worker or subcontractor.
  • The date work starts, and the date you carried out the check (it must be the earlier one).
  • Who checked (name and role) and which method: online share code, manual check of originals, identity service provider, or Employer Checking Service.
  • Document type and number, or the share code; any expiry date; and any restriction on hours or type of work.
  • Confirmations: photo matches, dates of birth consistent, document genuine and belongs to them, name changes evidenced, copy kept and dated.
  • The follow-up check date, if their permission is time-limited.

The New Starter Pack's right to work record (Form 4) is this list as a print-and-fill sheet, with tick boxes for each method and each confirmation.

Penalties

GOV.UK says you could face a civil penalty of up to £60,000 for each illegal worker if you didn't carry out the correct checks, or didn't do them properly2. The Home Office code of practice sets the maximum at £45,000 per worker for a first breach and £60,000 for a repeat breach within three years, before any reductions.

Employing someone you know, or have reasonable cause to believe, has no right to do the work is a crime: up to 5 years in prison and an unlimited fine2. You won't have to pay the civil penalty if you can show you made the correct checks2.

From 1 October 2026: not just employees

Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the illegal working rules from 1 October 2026 to some workers, individual subcontractors and some people engaged through online platforms, not only employees. If you engage people personally on any basis, check before work starts, and read the current version of the Home Office employer's guide3, because the detail for these arrangements is new.

Frequently asked questions

When must a right to work check be done?
Before the person starts work. A check made after they start doesn't give you a defence for the period before it.
Can I do a right to work check over video?
Yes, for a manual check, but you must have the original document in your possession and check it against the person on a live video call. A photo or scan sent to you, or a document held up to the camera, isn't enough.
Do I need to check British citizens?
Yes. Check every new hire the same way. British and Irish citizens can't get a share code, so use a manual check of original documents or a certified identity service provider.
How long do I keep right to work documents?
For the whole employment and for 2 years after the person stops working for you.
What is the fine for not doing a right to work check?
Up to £60,000 for each illegal worker. Knowingly employing someone without the right to work is a crime with up to 5 years in prison and an unlimited fine.
Can I accept a biometric residence permit?
No. Biometric residence permits and cards are no longer accepted. Ask the person for a share code and check it online.
Do right to work checks apply to contractors?
From 1 October 2026 the rules extend beyond employees to some workers, individual subcontractors and some people engaged through online platforms. Check the Home Office employer's guide for the arrangement you use.

Related

New starter checklistEmploying someone for the first timeWritten statement of particulars

Sources & references

Checked against these official sources on 22 October 2026. General information for England, Wales and Scotland, not legal advice; Northern Ireland has separate employment law.

  1. Check an employee's right to work documents — GOV.UK
  2. Penalties for employing illegal workers — GOV.UK
  3. An employer's guide to right to work checks — Home Office, GOV.UK

Written and reviewed by James Whitfield and the editorial team.

Every figure is checked against current HMRC and GOV.UK guidance and reviewed for the 2026/27 tax year. We explain the numbers in plain English with worked examples. Editorial standards · About us

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