Checking a job applicant's right to work

You must check that a job applicant is allowed to work for you in the UK before you employ them.

You can:

You can also check an applicant’s right to work by using an identity service provider that offers Identity Document Validation Technology (IDVT). You can find out more about IDVT in the employer’s guide to right to work checks: 6 April 2022.

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’ll also need a sponsor licence to employ EEA and Swiss citizens coming to the UK to work from 1 January 2021.

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.

  1. Ask to see the applicant’s original documents. You can no longer accept biometric residence cards or permits. Ask the applicant for a share code instead.

  2. Check that the documents are valid with the applicant present.

  3. 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

Read the guidance on how to carry out right to work checks and what documents you can accept.

Follow-up checks

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 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.

Employer Enquiry helpline
Telephone: 0300 790 6268
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges

For application questions as a business (or representative) or a Tier 1 investor, contact the business helpdesk.

Business helpdesk
businesshelpdesk@homeoffice.gov.uk

For application questions if you’re an educational provider or student sponsor, contact the educators helpdesk.

Educators helpdesk
educatorshelpdesk@homeoffice.gov.uk

Part of Employ someone: step by step

  1. Step 1 Check your business is ready to employ staff

    1. Prepare your business to take on employees

  2. Step 2 Recruit someone

    You need to advertise the role and interview candidates. You can use a recruitment agency to do this or do it yourself.

    1. Find out about recruiting someone yourself on Acas
    2. Find out about using a recruitment agency

    As an employer you must make sure you recruit employees fairly.

    1. Avoid discrimination during recruitment
    2. Make your application process accessible for employees with disabilities or health conditions

  3. and Check they have the right to work in the UK

    1. You are currently viewing: Find out how to check an applicant's right to work

  4. and Find out if they need a DBS check

    You may need to check someone's criminal record, for example, if they'll be working in healthcare or with children.

    1. Find out if you need a DBS check
    2. How to do a DBS check

  5. Step 3 Check if they need to be put into a workplace pension

    Check if you need to put your employee into a workplace pension scheme:

  6. Step 4 Agree a contract and salary

    When someone accepts a job offer they have a contract with you as their employer.

    1. Check what the National Minimum Wage is for different ages
    2. Check what the National Minimum Wage is for different types of work
    3. Check what to include in a contract
    4. Agree a written statement of employment particulars

  7. Step 5 Tell HMRC about your new employee

    You must tell HMRC about your new employee on or before their first pay day.

    1. Tell HMRC about a new employee
    2. Get their personal details and P45 to work out their tax code
    3. If you don’t have their P45, use HMRC’s ‘starter checklist’
    4. Check what to do when you start paying your employee