UK Employment Rights · 2026
UK Right to Work Rights
Right to work is the UK employment area where employer caution and employee anxiety are highest. Brexit-era changes mean this is significantly more documented than pre-2020. After 12 years recruiting, I see the most common mistake from candidates: not generating their share code in time, leading to delayed start dates. The legal framework is strict but predictable; the candidates who navigate it well prepare documentation early.
The statutory floor
UK Immigration, Asylum and Nationality Act 2006 requires employers to check right to work documents before employment begins. Acceptable List A documents (no time limit on right to work): UK or Irish passport, biometric residence permit showing indefinite leave, Certificate of Application showing settled status. Acceptable List B documents (time-limited right to work, employer must re-check before expiry): visas with right to work conditions, applications for status pending. Online checks via gov.uk view-and-prove service are mandatory for most non-UK/Irish nationals. Employer fines for non-compliance: up to £45,000 per illegal worker (raised from £20,000 in February 2024). Civil penalties also affect future visa sponsorship licences.
What employers often add
Most large UK employers have dedicated immigration teams or HR processes for right-to-work compliance. Common enhancements: visa sponsorship for skilled-worker roles meeting the £38,700 threshold (2024 rate), legal advice support during application processes, settlement support for ILR applications, dependent visa support for family members. Smaller employers usually outsource to immigration solicitors or specialist firms. Sponsor licence costs and compliance burden mean many smaller UK employers won't sponsor; check sponsor licence status before applying.
What to do if there's a dispute
- 1 Generate your share code before your interview (gov.uk view-and-prove service)
- 2 Check your visa's right-to-work conditions — some have hours restrictions or sponsor requirements
- 3 For sponsored roles, confirm the employer holds a valid Skilled Worker sponsor licence
- 4 Keep your biometric residence permit or share code documentation up to date
- 5 Re-apply for visa renewal at least 3 months before expiry to avoid right-to-work gaps
Red flags that should worry you
- !Employer asking for documentation that goes beyond the Home Office List A/B requirements
- !Sponsorship promises that aren't backed by an actual sponsor licence
- !Pressure to start work before right-to-work checks are complete
- !Different document requests for different employees performing the same role
Where to get help
gov.uk/check-job-applicant-right-to-work
Official Home Office guidance
gov.uk/view-prove-immigration-status
Generate share codes and view your status
OISC-registered immigration adviser
For complex visa or right-to-work cases
Specialist immigration solicitor
For appeals or compliance disputes
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