As an employer, ensuring that your workers are legally allowed to work in the UK is a key part of your hiring process and ongoing compliance responsibilities. Failing to conduct proper checks can lead to serious penalties, including fines and even the loss of your sponsor licence, which would mean you couldn’t hire talent from abroad. We help you stay compliant whether it’s verifying documents, doing digital checks, or keeping up with changing Home Office rules. Our hands-on support ensures your processes are watertight, reducing risk and giving you peace of mind. For a personalised consultation and expert guidance, contact us today. You can reach us at 020 3476 9523 or [email protected].
What is Required for a Right-to-Work Check?
A Right to Work check involves verifying that your employee or job applicant has the legal authorisation to work in the UK. You’ll need to collect original documents or use the Home Office’s digital service to confirm their right-to-work status. Here are the key steps:
Step 1: Check the Applicant’s Right to Work Online (If Applicable)
The quickest way to check an applicant’s right to work is by using the online employer checking service. If the applicant has a “share code”, they can provide it to you, allowing you to verify their status online. This is a simple and efficient way to confirm their eligibility without needing to handle physical documents.
Step 2: Use Identity Document Validation Technology (IDVT)
If you want to use a digital method instead of physical documents, you can use an identity service provider offering Identity Document Validation Technology (IDVT). This technology helps you confirm the authenticity of the applicant’s documents and ensures that everything is in order.
Step 3: Check the Right to Work for Non-British and Irish Citizens
If your applicant is not a British or Irish citizen, you’ll need to check a few additional details. Ensure that their right to work hasn’t expired and that they have permission to do the type of work you’re offering, including any restrictions on the number of hours they can work. If the applicant is a student, check their study and vacation periods to ensure they are within the legal working limits.
Step 4: Follow-Up Checks for Time-Limited Work Permits
If your employee has a time-limited right to work, such as a visa or work permit with an expiration date, it’s important to schedule a follow-up check before it expires. This ensures the employee can continue working legally without any interruptions.
Step 5: Take and Keep Copies of Documents
When you check an applicant’s documents, make sure to take clear, accurate copies. For passports, photocopy any page with the expiry date and personal details, including the photograph and nationality. For other documents, ensure you make a complete copy. Keep these copies securely for the duration of the person’s employment and for two years after they leave your company. Don’t forget to record the date the check was made.
Step 6: If Documents Are Not Available, Request a Home Office Check
If an applicant cannot provide their documents or share code, you should contact the Home Office to verify their immigration status. This could be due to an ongoing application or appeal, or if the applicant arrived in the UK before 1989 without documents. In these cases, the Home Office will provide you with a ‘Positive Verification Notice,’ which confirms their right to work. You must keep this document for your records. For a personalised consultation and expert guidance, contact us today. You can reach us at 020 3476 9523 or [email protected].