Right to Work Document Checker

Check which documents you need to verify an employee's right to work in the UK. Get a traffic-light validity assessment and employer obligation checklist under the Immigration Act 2016.

UK employers face fines of up to £45,000 per illegal worker if they fail to conduct proper right to work checks. Since the end of free movement following Brexit, the rules have become more complex, and the Home Office has increased enforcement activity significantly. In 2024, civil penalties for non-compliance totalled over £100 million.

Every employer must verify a new hire’s right to work before their first day. The process involves checking original documents from a specified list, recording the document details, and retaining copies for the duration of employment plus two years. Some workers require follow-up checks before their visa expiry date.

This tool walks you through the document verification process step by step, tells you which documents are acceptable, and flags any time-limited permissions that require follow-up checks. It helps you establish a statutory excuse against liability in case of a Home Office investigation.

How it works

  1. Select the worker’s nationality and visa type.
  2. Enter the documents they have provided.
  3. View a traffic-light assessment of document validity and a checklist of your employer obligations.

Written by the CalcStack team · Last updated April 2026

Frequently asked questions

What is a right to work check?▾
A right to work check is a legal requirement for UK employers under the Immigration, Asylum and Nationality Act 2006, as amended by the Immigration Act 2016. You must verify that every employee has the legal right to work in the UK before they start employment. Conducting a proper check gives you a statutory excuse against civil penalty if the person is later found to be working illegally.
When must I conduct a right to work check?▾
You must conduct the check before the person starts working for you. This means before their first day of employment. You cannot allow someone to start work and check their documents later. For time-limited permission, you must also conduct follow-up checks before the permission expires.
What happens if I do not check right to work?▾
Employers who fail to check right to work can face civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches. In serious cases, employers can face criminal prosecution with unlimited fines and up to 5 years imprisonment.
Can I accept photocopies or scanned documents?▾
No. You must see the original documents. You then make your own copies (physical or digital) and store them securely. Copies provided by the employee are not acceptable. The only exception is the online Home Office checking service where you verify digitally.
What is a share code and how do I use it?▾
A share code is a 9-character alphanumeric code generated by the employee on the gov.uk website. As an employer, you enter this code along with the employee date of birth at gov.uk/view-right-to-work. This shows their immigration status and any work restrictions. You must perform this check yourself — do not accept screenshots from the employee.
Do I need to check UK citizens?▾
Yes. You must check the right to work of ALL employees equally, regardless of their nationality or appearance. Checking only certain employees based on their perceived nationality or ethnicity is unlawful racial discrimination under the Equality Act 2010.
How long must I keep copies of right to work documents?▾
You must keep copies for the duration of employment plus 2 years after the employment ends. After that period, you should securely destroy them in line with GDPR requirements. Mark each copy with the date the check was performed.
What if an employee documents expire during employment?▾
You must conduct a follow-up check before their permission expires. If their new documents show ongoing right to work, record the new check. If they cannot provide valid documents, you cannot continue to employ them. Give reasonable notice and follow your normal employment procedures.
Are BRPs still valid for right to work checks?▾
Biometric Residence Permits (BRPs) expired on 31 December 2024. From 1 January 2025, BRP holders should use the Home Office online service to prove their right to work via a share code. You should not accept an expired BRP as proof of right to work.
Can I use the right to work check for GDPR purposes?▾
The right to work check has a specific legal basis under immigration law, separate from GDPR. However, the documents you collect as part of the check must be handled in accordance with GDPR. Only retain what is necessary, store securely, and destroy after the required retention period.

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