Every UK employer has a legal duty to check that employees have the right to work before employment begins. Getting it wrong can result in fines of up to £60,000 per worker. IAUK Manchester helps businesses implement robust checking procedures.
Under the Immigration, Asylum and Nationality Act 2006, all UK employers must conduct right to work checks on every employee before their first day of work. This applies regardless of the employee’s nationality — including British citizens.
Some British Overseas Territories Citizens (BOTC) can register as British citizens, particularly those from territories that did not automatically grant citizenship when reforms were introduced.
Many workers now have digital immigration status rather than physical documents. To check their right to work, you must use the Home Office online checking service:
The worker visits gov.uk/prove-right-to-work and creates a share code linked to their immigration status
The 9-character code is valid for 90 days and can only be used to prove right to work
Enter the share code and worker’s date of birth at gov.uk/check-immigration-status to see their status and work entitlements
Record the date of the check and save a copy of the online result for your records
For workers with time-limited permission, you must conduct follow-up checks:
For workers with physical documents (passports, BRPs), you must conduct a three-step manual check:
Up to £60,000 per illegal worker. Reduced for first-time offences or partial compliance.
If you knowingly employ someone without permission, you face up to 5 years’ imprisonment.
Every UK employer must verify that a prospective employee has the legal right to work in the UK before their employment starts. Failure to do so can result in civil penalties of up to £60,000 per illegal worker and potential criminal prosecution.
A share code is a 9-character alphanumeric code generated by the worker via the Home Office online service. Employers enter the share code and the worker’s date of birth on the gov.uk checking service to confirm their immigration status and work entitlements.
You must conduct a follow-up check before a worker’s permission to work expires. This applies to all time-limited visa holders. Set diary reminders at least 4 weeks before each expiry date.
Acceptable documents include a UK or Irish passport, a Biometric Residence Permit (BRP), a certificate of registration or naturalisation as a British citizen, or a valid immigration status document with a right to work endorsement.
Our team can audit your current processes and train your staff on proper visa checking procedures.
