How to do it
- Ask the worker how they will demonstrate their right to work. — Most workers with a biometric residence permit, settled or pre-settled status, or a visa issued digitally since 2019 will have access to a share code via the UK Visas and Immigration online service. British and Irish citizens with a passport or other List A document will need to provide that original document instead.
- Run the online check if the worker has a share code. — Go to gov.uk/check-job-applicant-right-to-work, enter the worker's 9-character share code and their date of birth, and follow the prompts. Save or print the result page — this is your statutory record of the check.
- Carry out a manual document check if no share code is available. — Ask the worker to produce an original document from Home Office List A (permanent right to work, such as a British passport) or List B (time-limited right to work, such as a Biometric Residence Permit). Check the document is genuine, belongs to the person in front of you, and has not expired.
- Copy the document and date-stamp the copy. — Make a clear copy of each document checked — front and back for biometric cards. Write or stamp the date you made the check on the copy. This dated copy is the evidence you hold.
- Record the outcome and note the document type. — Note whether the document was List A or List B. List A gives an ongoing statutory excuse with no re-check required. List B means the right to work is time-limited and you must re-check on or before the expiry date shown on the document.
- Set a re-check reminder if the worker holds a List B document. — If the worker's right to work is time-limited, record the expiry date and schedule a re-check to happen before that date — not on it, and not after. A re-check even one day late means you have no statutory excuse for the period the permission had lapsed.
What are the two methods for checking right to work?
There are two recognised methods. The online check uses the Home Office's checking service at gov.uk/check-job-applicant-right-to-work, where you enter the worker's share code and date of birth. The service confirms whether they have the right to work, what type it is, and when it expires. The result page is your statutory record.
The manual document check applies where the worker cannot provide a share code. You inspect original documents from the Home Office's published lists — List A for unlimited right to work, List B for time-limited. You must see originals (not photocopies), check they belong to the person presenting them, and confirm they have not expired. Both methods give you a statutory excuse if carried out correctly and before the worker starts.
British and Irish citizens cannot use the online service — they must provide a List A document such as a passport. Non-UK nationals with settled status can provide a share code. The method depends on the individual worker's circumstances, not employer preference.
What documents are on List A and List B?
List A documents establish an unlimited right to work. Examples include a British or Irish passport, a certificate of registration as a British citizen, and a document confirming settled status under the EU Settlement Scheme. If a worker provides a valid List A document, you have a continuous statutory excuse for their entire employment — no re-check is ever needed.
List B documents show a time-limited right to work. Examples include a Biometric Residence Permit with an expiry date, a visa vignette, and a document showing pre-settled status under the EU Settlement Scheme. For List B workers, the statutory excuse lasts only until the document expires. You must carry out a re-check on or before that date, or the excuse lapses.
The full Home Office lists are published in the employer's guide at gov.uk/government/publications/right-to-work-checks-employers-guide. Checking a document not on either list does not give you a statutory excuse, even if the worker does in fact have the right to work.
What records must employers keep after the check?
For an online check, retain a copy of the online result — a screenshot or printed page showing the worker's name, right-to-work status, and the date you checked. For a manual document check, retain a clear copy of every document checked, with the date of the check written or stamped on the copy.
Records must be kept for the duration of employment and for two years after the employment ends. The Home Office specifies this retention period in the employer's guide. If an enforcement visit occurs after a worker has left, you need to be able to produce the record for that two-year window.
Store records securely. They contain personal data — names, document numbers, photographs — so UK GDPR rules apply. Access should be limited to those who need it, and records should not be kept longer than required.
When must the check happen relative to the start date?
Before employment begins. The Home Office employer's guide is explicit on this point. The statutory excuse is only established by a check completed before the worker's first day. A check carried out on day one, or during induction, is technically late.
In practice, the check should happen during the recruitment process — at the offer stage or before the worker is given a start date. This gives time to resolve any queries about documents or share codes without creating a gap where the worker is technically employed without a confirmed check on file.
For workers whose right to work is time-limited (List B), the re-check must happen on or before the date shown on their document. A re-check done even one day after the permission has expired means the statutory excuse lapsed during that gap, and the civil penalty can apply.