Every UK employer has a legal obligation to check that new hires have the right to work in the United Kingdom before they start. Getting this wrong can lead to civil penalties of up to £60,000 per illegal worker and, in serious cases, criminal prosecution. This guide explains exactly what you need to do, which documents to accept, and how to use digital verification.
The Immigration, Asylum and Nationality Act 2006 requires employers to verify that every employee has permission to work in the UK. If you employ someone who does not have the right to work, you face civil penalties, criminal sanctions, and reputational damage. Conducting proper checks gives you a statutory excuse, which protects you from civil penalties even if it later turns out the person did not have the right to work.
You must carry out the check before the employee starts work. Not on their first day. Not during their first week. Before they do any work at all. For employees with time-limited permission to work, you also need to carry out follow-up checks before their permission expires.
Ask the employee to provide original documents from either List A or List B of the Home Office acceptable documents list.
List A documents (prove permanent right to work):
List B documents (prove time-limited right to work):
If the employee provides a List B document, you will need to schedule a follow-up check before their permission expires.
Examine each document in the presence of the holder. Check that:
Make a clear copy of each document. For passports, copy the front cover and any page with the holder's photo, nationality, date of birth, signature, date of expiry, biometric details, and endorsements. For other documents, copy the document in full. Record the date you made the check and keep copies for the duration of employment plus two years.
Since April 2022, the Home Office has mandated that employers use the Home Office online checking service to verify the right to work of individuals who hold:
The employee provides you with a share code from the Home Office online service, along with their date of birth. You enter these details at the gov.uk checking service to confirm their right to work. You must save a copy of the online profile as your record.
Identity Document Validation Technology (IDVT) is also available through certified Identity Service Providers (IDSPs). These services allow British and Irish citizens to verify their identity digitally without presenting physical documents. You must use a certified IDSP listed on the government website.
The penalties for employing illegal workers were increased significantly in February 2024:
Conducting checks correctly gives you a statutory excuse, meaning you will not receive a civil penalty even if the employee turns out to be working illegally.
When an employee's right to work is time-limited (List B documents), you must conduct a follow-up check before their permission expires. If they have applied to extend their visa but have not received a decision, you can verify their status through the Employer Checking Service operated by the Home Office. This service provides a Positive Verification Notice valid for 6 months.
LeaveManager helps you stay on top of onboarding compliance with employee profiles that track key dates and documents: