Right to Work UK: 7 Essential Checks Every Employer Makes

Last updated: 07/09/2026

Important: UK immigration rules, penalty levels and check procedures change frequently. Everything below reflects published GOV.UK guidance at the time of writing, but you must verify your own position against the current pages on GOV.UK before acting. This article is general information, not immigration advice.

TL;DR -The Short Answer

Every UK employer must complete a right to work UK check on every new starter before their first day -including British and Irish citizens. There are three lawful methods: a manual check of original documents, an online check using a share code, and a digital identity check via a certified provider for British and Irish passport holders. Most non-British, non-Irish workers now prove right to work UK status digitally, generating a share code from their UKVI account. If you are an international student or graduate, get your share code ready before your first interview -a delayed check delays your start date, and employers cannot lawfully let you begin work without one.

What Is a Right to Work UK Check?

A right to work UK check is the legal process by which an employer confirms that a person is permitted to do the specific work on offer, before employment begins.

It is not optional, and it is not limited to overseas nationals. Every employer must check every employee, regardless of nationality, appearance, accent or name. Checking only people who “look foreign” is unlawful discrimination under the Equality Act 2010 -and it is also a signal to Home Office compliance teams that an employer’s processes are weak.

The obligation is a strict liability scheme. An employer who cannot show a properly conducted right to work UK check for someone later found to be working illegally faces a civil penalty whether or not they knew, suspected or were careless. The correctly completed check is what gives them a legal defence, known as a statutory excuse.

That is why employers can seem inflexible about it. A hiring manager who likes you still cannot start you on Monday without a completed right to work UK check on file. Understanding this makes the process feel far less personal.

Why the Right to Work UK Process Matters So Much to Employers

The stakes explain the rigidity. Since 13 February 2024, the civil penalty for employing an illegal worker has started at £45,000 per worker for a first breach, rising to £60,000 per worker for repeat breaches. Those figures are per worker, not per incident.

Beyond the financial exposure, an employer who knew, or had reasonable cause to believe, that an employee could not work in the UK faces up to five years in prison and an unlimited fine. A sponsor licence holder who gets this wrong also risks losing the licence -which would end sponsorship for every sponsored employee at that organisation.

Because penalty levels and the associated code of practice are updated periodically, always check the current position on the GOV.UK penalties page rather than relying on figures quoted in an article.

For you as a candidate, the practical consequence is simple: the smoother you make the right to work UK check, the fewer reasons an employer has to hesitate.

The 7 Essential Right to Work UK Checks Employers Make

1. They Confirm Which Check Method Applies to You

There are three prescribed routes for a right to work UK check, and the correct one depends on your nationality and status:

  • Online share code check -the default for most non-British, non-Irish nationals holding digital immigration status.
  • Manual document check -original documents, examined in the applicant’s presence or over live video with the originals in hand.
  • Identity Service Provider (IDSP) check -a certified digital identity check, available only for British and Irish passport or passport card holders.

Using the wrong method destroys the statutory excuse even if the person genuinely has the right to work. This is why employers will insist on a specific route rather than accepting whatever document you offer first.

2. They Run the Online Check Themselves -Not From Your Screen

This is the most common misunderstanding among international candidates. Showing a recruiter the status page on your own phone does not constitute a right to work UK check.

The employer must run the check on the Home Office’s own employer-facing service, Check a job applicant’s right to work: use their share code, entering your share code and date of birth. Viewing the candidate-side view of your account has no legal effect for them.

Do not be offended when an employer declines to accept a screenshot. They are following the rules that protect them.

3. They Verify the Photograph Matches You

The online right to work UK check returns a photograph from Home Office records. The employer must satisfy themselves that it is you -in person, or over a live video call. A recorded video or a still image is not sufficient.

For remote hiring this means expecting a short live call purely for identity verification, sometimes separate from your interviews. It is routine.

4. They Check the Work Restrictions Attached to Your Status

This is the check that most affects international students. The right to work UK response does not simply say yes or no -it states the conditions.

A student visa holder’s status typically carries restrictions on the number of hours that may be worked during term time, on the type of work permitted, and on self-employment. A Graduate visa holder’s conditions are different again. A Skilled Worker’s permission is tied to a specific sponsor and role.

The employer must confirm you can do this job, on these terms, not merely that you can work in the UK in general. Because these conditions vary by route and are subject to change, check your own conditions on your UKVI account and against current GOV.UK guidance for your visa type -never assume they match a classmate’s.

5. They Check Any Expiry Date and Diarise a Follow-Up

If your permission to work is time-limited, the right to work UK check response will show an expiry date. The employer must record it and repeat the check before that date to maintain their statutory excuse.

Expect a reminder from HR several weeks before expiry. Respond quickly -a lapsed follow-up check is one of the most common compliance failures, and it can result in an employer suspending you from work even where you have a valid pending application.

6. They Take and Retain a Dated Copy of the Result

The employer must keep evidence of the right to work UK check: the online check response, or clear copies of the original documents, with the date the check was carried out. Records must be retained for the duration of employment and for a period after it ends.

You are entitled to know that these records are held. Under UK GDPR, they must be stored securely and used only for the compliance purpose.

7. They Complete the Check Before Your First Day

The check must be completed before employment starts -not during the first week, not before payroll runs. A check carried out a day late provides no statutory excuse at all.

This is why a delayed share code can push back a start date. Getting your documentation ready early is the single most useful thing you can do to keep an offer moving.

How to Get a Right to Work UK Share Code

If you are not a British or Irish citizen, the share code is your primary route to proving right to work UK status. The process is free.

  1. Sign in to your UKVI account through the GOV.UK service, Prove your right to work to an employer.
  2. Verify your identity using your passport, national identity card or your biometric residence details as prompted.
  3. Select the option to prove your right to work to an employer -this is important, as the service also issues codes for other purposes such as proving your right to rent, and an employer cannot use those.
  4. Generate the code and share it with your employer along with your date of birth.

A right to work share code is generally valid for a limited period and can be reused within that window, but check the validity stated on your own code rather than assuming a fixed number of days. If your code has expired by the time the employer runs the check, simply generate a new one.

If you cannot generate a share code -for example, where you hold a pending application or an outstanding appeal -the employer can use the Home Office Employer Checking Service to obtain verification instead. Tell them early if you think this applies to you.

Physical biometric residence permits have been phased out in favour of digital eVisa records, so most people in this position will use the digital route. Verify the current position for your own document type on GOV.UK before an interview.

What International Students Should Prepare Before an Interview

Have all of this ready before you are asked:

  • Your share code, generated within the last few days
  • Your passport, current and not expired
  • Clear knowledge of your own conditions -hours permitted, work types excluded, expiry date
  • Your National Insurance number, if you already have one
  • A short, confident sentence describing your status

That last item is underrated. When a recruiter asks about your right to work UK position, a clear answer builds confidence: “I hold a Graduate visa valid until [date], with no restrictions on hours or employer. I can send you a share code today.” Compare that to hesitation, and you can see why preparation matters.

Never overstate your position. If you would need sponsorship in future, say so at the point it becomes relevant. Employers discover this eventually, and discovering it late damages trust far more than hearing it early.

Common Right to Work UK Mistakes That Cost Candidates Offers

  • Generating the wrong type of share code -right to rent codes cannot be used for employment checks.
  • Assuming a screenshot is enough -the employer must run the check on the official service themselves.
  • Not knowing your own hour restrictions -a student who cannot state their term-time limit looks unprepared, and an employer who breaches it faces sponsor and compliance consequences.
  • Letting the code expire between offer and start date -regenerate it if in doubt; it costs nothing.
  • Being vague about future sponsorship needs -clarity early, always.
  • Relying on outdated advice from forums or friends -the right to work UK framework has changed substantially in recent years, including the move to digital status. Check GOV.UK directly.

Frequently Asked Questions

Do employers check right to work UK status for British citizens too? Yes. The obligation applies to every employee without exception. British and Irish citizens cannot generate a share code, so their check is done via original documents or a certified digital identity provider.

What happens if I cannot prove my right to work UK status? The employer cannot lawfully let you start. If you have a pending application or appeal, they can use the Employer Checking Service to seek verification -tell them as early as possible so the process can begin.

Is a right to work UK check the same as a DBS check? No. A right to work check confirms immigration permission to do the job. A DBS check is a criminal records check, required only for certain roles. They are separate processes with separate legal bases.

How long is a right to work share code valid? Codes are valid for a limited period and can be reused within it. Check the validity shown on your own code, and generate a fresh one if there is any doubt before your employer runs the check.

Can an employer withdraw a job offer over right to work UK issues? Yes. Offers are routinely made subject to satisfactory pre-employment checks, and a failed or incomplete right to work check is grounds for withdrawal. This is normal contractual practice, not discrimination.

Do I need a new right to work UK check if I change jobs? Yes. Every employer must carry out their own check. A check completed by a previous employer gives your new employer no statutory excuse.

Where should I verify my own right to work UK conditions? On your UKVI account and the current GOV.UK guidance for your specific visa route. Rules and conditions change, so treat any figure or restriction quoted in an article -including this one -as a prompt to check the official source rather than as a final answer.

Where to Go Next

Right to work UK status is the foundation. Sponsorship, salary thresholds and the Certificate of Sponsorship process sit on top of it.