UK Visa Guide · 2026
How do UK employers conduct right-to-work checks?
Who it's for
Every UK employer hiring any employee — UK national or otherwise. The duty applies to all roles, all hours, all employment types (including casual, temporary, agency). It does NOT apply to self-employed contractors but care must be taken with sham self-employment.
Eligibility requirements
Employer must conduct check BEFORE work starts; retain evidence; retain for 2 years after employment ends. Employee must provide: (a) British/Irish citizens — passport, birth certificate + proof of NI number, OR digital check via IDSP; (b) Non-UK nationals — share code from gov.uk system + passport. eVisa holders use the share code system from late 2024.
Application process
1) Employer asks new hire for right-to-work evidence BEFORE start date. 2) For British/Irish: either accept passport (manual check, copy and date stamp) OR commission IDSP digital check (~£10-£20 per check). 3) For non-UK nationals: ask for share code, conduct online check at gov.uk/view-right-to-work, save screenshots and PDF report. 4) Save all records securely with date of check. 5) Confirm right-to-work status BEFORE first day. 6) Re-check time-limited visas before they expire (the gov.uk online check displays expiry).
Costs and timings
Manual check: free but no statutory excuse for forged documents (employer relies on document genuine appearance only). IDSP digital check: £10-£20 per check (statutory excuse). Online share code check: free for both employer and employee (statutory excuse). Decision time: instant (manual or share code) or 1-2 days (IDSP).
Common reasons for refusal
(For employers facing penalty after check failure) 1) Failed to conduct check before employment started. 2) Failed to retain evidence properly. 3) Used incorrect document type. 4) Trusted forged documents in manual check (no statutory excuse). 5) Failed to recheck time-limited visas. 6) Treated check as optional or one-off rather than ongoing duty.
Worked example
Acme Ltd hired Pieter (Dutch) and Jamie (British). For Pieter: HR asked for his share code, ran the check at gov.uk, saved the report PDF showing his Skilled Worker visa valid to 2030. For Jamie: HR ran an IDSP digital check via Yoti for £15. Both checks completed before Day 1. 18 months later Acme was audited as part of UKVI sponsor compliance — both records were perfect. No penalty. Cost: £15 for both checks + 30 minutes' admin time per hire.
Recruiter pro tip
The £45,000-£60,000 per worker penalty (increased February 2024) makes right-to-work checks one of the highest-stakes admin tasks in UK HR. Move ALL non-UK national checks to the share code system — it's free, instant, and gives statutory excuse. Move ALL British/Irish checks to IDSP for the same reason. Manual document checking (especially for non-UK passports) is the single biggest source of compliance failure because forged documents are sophisticated and statutory excuse only applies to genuine documents. £15 per IDSP check is cheap insurance against £60,000 penalty.
Important: UK immigration rules and salary thresholds change frequently. Always verify current rates and rules at gov.uk before applying. For complex cases, consult a qualified UK immigration solicitor (regulated by the Solicitors Regulation Authority or OISC). This guide is for general information only, not legal advice.
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