The Complete Guide to Conducting Compliant Right to Work Checks in the UK

13 Jun 2024

13 Jun 2024 by Luke Puplett - Founder

Luke Puplett Founder

As an employer in the UK, ensuring all your employees have the legal right to work is crucial. Failing to conduct proper checks can result in severe civil penalties or criminal charges for employing someone illegally. This guide outlines the three approved methods for verifying an individual's right to work status and establishing a statutory excuse against liability.

Employers in the UK have the flexibility to choose among three approved methods for conducting right to work checks, depending on their preference and the specific circumstances of the individual being verified. The manual document check is a traditional method, where employers physically inspect original documents from either List A or List B, depending on whether a continuous or time-limited statutory excuse is required. This approach is suitable for individuals who can easily provide their original documents and prefer in-person verification.

Alternatively, the Identity Document Validation Technology (IDVT) check allows for remote verification through a certified Identity Service Provider (IDSP). This method is ideal for candidates who hold valid British or Irish passports and prefer a more convenient, digital process. IDVT checks are particularly useful for remote hiring scenarios where physical document presentation is impractical.

For individuals holding a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or Frontier Worker Permit (FWP), employers must use the Home Office's online checking service. This mandatory method for these specific statuses ensures real-time verification and compliance with Home Office requirements.

Employers must ensure that their choice of verification method is compliant with legal standards and does not influence hiring decisions. All applicants must be given equal consideration, and the chosen verification process must not result in discrimination. By adhering to these guidelines, employers can maintain legal compliance while accommodating the varied preferences and circumstances of their prospective employees.

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Record Keeping is Critical

Meticulous record keeping is critical when performing right to work checks in order to demonstrate compliance and maintain a statutory excuse against civil penalties. For all check methods, employers must retain copies of the relevant documentation in a format that cannot be manually altered, either electronically or as hardcopies. This includes retaining clear, unmodified copies of passport pages, IDVT check outputs, and Home Office online check profiles.

It's also essential that any timestamps or metadata showing when the checks were conducted are secured and recorded in a tamper-evident manner. Employers should have rigorous processes to prevent any ability to edit, modify, or backdate check records after the fact.

By maintaining comprehensive, unalterable records, you can quickly provide evidence that prescribed checks were properly executed in the event of an audit or inspection by the Home Office. Robust record keeping with tamper-resistant storage is a cornerstone of protecting your statutory excuse.

Finally, consider whether these records could be damaged or accidentally destroyed physically, or lost or forgotten. It's also easy to lose documents stored electronically in other people's storage accounts of merely amongst other files and photos.

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Manual Document Checks

For a manual check, you must obtain original documentation from either List A or List B specified by UK Visas and Immigration:

List A: Documents establishing a continuous statutory excuse, such as British/Irish passports or birth certificates. No follow-up checks required.
List B: Documents providing a time-limited statutory excuse, requiring follow-up checks before expiry.

The key steps are:

Obtain acceptable original documents from the applicant.
Check documents are genuine, undamaged, belong to the holder, and details are consistent across documents.
Make clear copies of relevant pages and securely retain them.
Follow checklist questions to determine if you have a continuous or time-limited statutory excuse.

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Identity Document Validation Technology (IDVT) Checks

You can use a certified Identity Service Provider (IDSP) to conduct an Identity Document Validation Technology (IDVT) check, verifying identity documents remotely.

Acceptable documents for IDVT are limited to valid British and Irish passports or Irish passport cards only. Biometric Residence Permits/Cards cannot be used.

The Home Office recommends IDSPs meet at least a Medium Level of Confidence. Steps include:

Obtain a valid passport identity check from the certified IDSP.
Ensure details from the check match the individual presenting themselves (via video).
Retain a copy of the complete IDVT check output from the IDSP.
Verify the IDSP took adequate steps to:
- Check the passport's validity
- Confirm the applicant's likeness to the passport photo
- Verify the applicant is the rightful passport holder
- Retain copies of the passport's biographical pages

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Home Office Online Checks

For applicants with status issued by a Biometric Residence Permit (BRP), Biometric Residence Card (BRC) or Frontier Worker Permit (FWP), you must use the Home Office's online checking service, as physical cards are no longer accepted as proof.

Use the applicant's share code and date of birth to view their status online.
Confirm the online check allows them to work for you.
Match their physical likeness to the digital photo.
Securely retain a copy of the online check for record keeping.

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Maintaining Statutory Excuses

If you obtain a time-limited statutory excuse, you must carefully track when follow-up checks are required before the visa/status expiry to maintain a statutory excuse for continued employment.

Regularly review your processes to ensure you remain compliant with the latest Home Office guidance on acceptable documentation and procedures.

By implementing robust right to work checking procedures aligned with official requirements, you can protect your organization from the significant risks of civil penalties or criminal charges for illegal workforce employment.

About Zipwire Collect

Zipwire provides tools for conducting ID verification, collecting and reviewing documents as well as manually-entered information all while retaining activity records.

The product seemlessly integrates Yoti for its remote ID and liveness checks. Yoti was the first certified IDSP in the UK and relies on world-leading NIST Level 2 approved machine learning models for its identity checks.

Zipwire Collect can be used when conducting Right to Work checks to verify remote identities and passports and collect other supporting evidence. It can also be used to privately store manually-collected evidence with timestamped actions.

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The following can be printed and used as a handy checklist for conducting proper Right-to-Work checks in the UK as of the time of writing, 13th June 2024.

This being a static blog post, we strongly recommend locating a similar checklist published by the UK government at https://gov.uk

Right to Work Checklist

Name of person:

Date of check:

Type of check:

Initial check before employment

Follow-up check on an employee

You may conduct one of the three checks to establish a right to work:

If you are conducting a manual check, please see the "Manual Check" section below.
If you are conducting a check via an IDSP, please see the "IDVT Check using an IDSP" section.
If you are conducting an online check, please see the "Home Office Online Right to Work Check" section.

Manual Check

Step 1 - Obtain

List A:

A passport (current or expired) showing the holder is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a government agency or a previous employer.
A birth or adoption certificate (short or long) issued in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a government agency or a previous employer.
A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person's permanent National Insurance number and their name issued by a government agency or a previous employer.
A certificate of registration or naturalisation as a British citizen, together with an official document giving the person's permanent National Insurance number and their name issued by a government agency or a previous employer.

List B Group 1:

A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.
A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person's permanent National Insurance number and their name issued by a government agency or a previous employer.
A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme) on or before 30 June 2021 together with a Positive Verification Notice from the Home Office Employer Checking Service.
A Certificate of Application (non-digital) issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules (known as the EU Settlement Scheme), on or after 1 July 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration Rules (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules together with a Positive Verification Notice from the Home Office Employer Checking Service.
An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.

Step 2 - Check

You must check that the documents are genuine and that the person presenting them is the prospective employee or employee, the rightful holder and allowed to do the type of work you are offering.

Are photographs consistent across documents and with the person presenting themselves for work?

Are dates of birth correct and consistent across documents?

Are expiry dates for time-limited permission to be in the UK in the future i.e. they have not passed (if applicable)?

Have you checked work restrictions to determine if the person is able to work for you and do the type of work you are offering? (For students who have limited permission to work during term-time, you must also obtain, copy and retain details of their academic term and vacation times covering the duration of their period of study in the UK for which they will be employed.)

Have you taken all reasonable steps to check that the document is genuine, has not been tampered with and belongs to the holder?

Have you checked the reasons for any different names across documents (e.g. marriage certificate, divorce decree, deed poll)? (Supporting documents should also be photocopied and a copy retained.)

Step 3 - Copy

You must make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You must also retain a secure record of the date on which you made the check.

You must copy and retain copies of:

Passports: any page with the document expiry date, the holder's nationality, date of birth, signature, immigration permission, expiry date, biometric details, photograph and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question (the front cover no longer has to be copied).
All other documents: the document in full, both sides of an immigration status document and an Application Registration Card.

All copies should be kept securely for the duration of the worker's employment and for two years afterwards. The copies must then be securely destroyed.

IDVT Check using an IDSP

You may wish to include a declaration in line with the check, such a statement could include:

"I confirm that I have carried out the right to work check above in compliance with the instructions within and I believe a valid statutory excuse is established for this worker."

The Home Office recommends that employers only accept checks via an IDSP that satisfy a minimum of a Medium Level of Confidence. A list of certified providers is available on GOV.UK.

For IDVT checks, only the following documents can be accepted:

Valid British passport
Valid Irish passport
Valid Irish passport card

Please see the following steps for an employer to conduct a right to work check via an IDSP:

Have you obtained an IDVT identity check which shows that there exists in relation to the employee a relevant IDVT document from an IDVT identity service provider?

Are the photograph and biographic details (e.g. date of birth) on the IDVT check output consistent with the individual presenting themselves for work?

Have you retained a clear copy of the IDVT identity check output in a format which cannot be subsequently altered? This must be for the duration of employment and for two years after.

Do you reasonably believe that the IDVT identity service provider has taken all reasonable steps to check the validity of the document?

Do you reasonably believe that the IDVT identity service provider recorded the date on which the check was carried out, in a format that cannot be subsequently altered?

Do you reasonably believe that the IDVT identity service provider is satisfied that the photograph is of the employee and the date of birth is consistent with the appearance of the employee?

Do you reasonably believe that the IDVT identity service provider has taken all reasonable steps to verify that the employee is the rightful holder of the document?

Do you reasonably believe that the IDVT identity service provider has retained a clear copy of the following pages of a passport which is not in the form of a card, in a format which cannot be subsequently altered:

(i) any page containing the holder's personal details including nationality;

(ii) any page containing the holder's photograph;

(iii) any page containing the date of expiry;

Do you reasonably believe that the IDVT identity service provider has retained a clear copy of the whole of a travel document in the form of a card, in a format which cannot be subsequently altered?

Home Office Online Right to Work Check

You may wish to include a declaration in line with the check, such a statement could include:

"I confirm that I have carried out the right to work check above in compliance with the instructions within and I believe a valid statutory excuse is established for this worker."

A Home Office online right to work check will provide you with a statutory excuse against a civil penalty in the event of illegal working involving the subject of the check, provided the check is carried out before the commencement of employment and at the prescribed intervals.

Please see the following steps to conduct an online right to work check:

Use the Home Office online right to work checking service https://www.gov.uk/view-right-to-work on GOV.UK, enter the 'share code' provided to you by the individual and enter their date of birth.

Check that the online check confirms that the employee named in it is allowed to work in the UK and is allowed to carry out the work in question.

Satisfy yourself that the photograph on the online right to work check is of the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in person or by video call.

If the employee or prospective employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the UK, obtain and retain details of the term and vacation dates of the course that the employee is undertaking.

Retain evidence of the online right to work check. This should be the 'profile' page confirming the individual's right to work. You should store this securely, (electronically or in hardcopy) for the duration of employment and for two years afterwards. The file must then be securely destroyed. You should also be able to produce these document copies quickly in the event that you are requested to show them to demonstrate that you have performed a right to work check and retain a statutory excuse.

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Both solutions aim to streamline workflows and ensure compliance, making work life easier for all parties involved. It's free for small teams, and you pay only for what you use.

Learn more