You must check that a job applicant is allowed to work for you in the UK before you employ them.
You do not need to do checks for existing employees from the EU, EEA or Switzerland if they came to the UK before 1 July 2021.
Irish citizens can use their Irish passport and passport card to prove their right to work.
You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check.
You must not discriminate against anyone because of where they’re from. Sign up for email updates about the right to work policy.
Checking the applicant’s original documents
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.
Ask to see the applicant’s original documents. From 6 April 2022 you will not be able to accept biometric residence cards or permits. Ask the applicant for a share code instead.
Check that the documents are valid with the applicant present.
Make and keep copies of the documents and record the date you made the check.
What to check
You need to check that:
- the documents are genuine, original and unchanged and belong to the person who has given them to you
- the dates for the applicant’s right to work in the UK have not expired
- photos are the same across all documents and look like the applicant
- dates of birth are the same across all documents
- the applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)
- for students you see evidence of their study and vacation times
- if 2 documents give different names, the applicant has supporting documents showing why they’re different, such as a marriage certificate or divorce decree
If your employee’s right to work is time-limited, you’ll need to check their documents again when it’s due to expire.
Taking a copy of the documents
When you copy the documents:
- make a copy that cannot be changed, for example a photocopy
- make sure the copy is clear enough to read
- for passports, copy any page with the expiry date and applicant’s details (for example nationality, date of birth and photograph) including endorsements, for example a work visa
- for biometric residence permits and residence cards (biometric format), copy both sides
- for all other documents you must make a complete copy
- keep copies during the applicant’s employment and for 2 years after they stop working for you
- record the date the check was made
Make sure you follow data protection law.
If the job applicant cannot show their documents
You must ask the Home Office to check an employee’s or potential employee’s immigration status if they cannot show their documents or online immigration status.
This could be, for example, because they:
- have an outstanding appeal, review or application with the Home Office
- arrived in the UK before 1989 and do not have documents to prove their immigration status or right to work
You must also ask the Home Office to check their status if they have:
- a digital or non-digital Certificate of Application that says you need to ask the Home Office to check their right to work
- an Application Registration Card
Application Registration Cards must state that the work the employer is offering is permitted.
The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. You must keep this document.
If you need more help
Read the employer’s guidance on right to work checks if you need more help.
You can also contact the Home Office.
For application questions as a business (or representative) or a Tier 1 investor, contact the business helpdesk.
For application questions if you’re an educational provider or student sponsor, contact the educators helpdesk.