A right-to-work audit preparation checklist

A right-to-work audit should compare the employee population with retained check evidence, restrictions and follow-up dates. Identify missing or inadequate records honestly and prioritise remediation using the current prescribed process and appropriate advice.

Include remote staff, starters, leavers and relevant transfers. Do not describe a later check as if it had been completed before employment began.

Define what the audit is intended to establish

A right-to-work audit should test whether the employer can demonstrate the prescribed checks and manage current work restrictions. It should not be a nationality survey or a collection exercise without a clear standard. Define the employing entities, workforce population, period and evidence routes in scope. The Home Office guidance distinguishes acceptable initial checks, follow-up requirements and the records needed to establish a statutory excuse. ^[1]

Create a complete employee list from reliable employment records and reconcile it with the check register. Identify starters, leavers, transfers and people paid through unusual arrangements. Keep contractors and supplied workers visible but assess their legal position separately. A sample can reveal process weaknesses, but it should not be described as proof that every file is compliant unless every relevant file has actually been reviewed.

Test the evidence behind each completion status

For a manual check, inspect whether the retained copy covers the required document information and records the actual check date. For an online check, look for the employer-facing profile, photograph, date and relevant conditions. For qualifying digital identity checks, confirm the provider evidence and the employer's remaining identity verification. A scanned passport somewhere in an HR folder does not necessarily show that a compliant check took place. ^[1]

Compare the check date with the employment start date. Record missing evidence, incomplete records and any uncertainty about the route separately. Do not reconstruct a historic check by adding an earlier date to a document copied today. A fresh check may be necessary to establish the current position, but it does not automatically repair the employer's protection for a previous period. Our guide to Dealing with missing right-to-work records addresses missing records and honest remediation.

Review restrictions against the actual job

An audit should compare verified permission with the work being done. Check relevant hours limits, sponsorship links, role changes and required follow-up dates. For students, inspect course-specific term and vacation evidence where relevant. For employees with pending applications, examine the verification basis and any time-limited notice rather than accepting “renewal pending” as a complete conclusion. ^[1]

Ask managers about practical changes that may not have reached HR: additional shifts, second duties, a move to another company in the group or work at a different location. Keep findings factual and avoid assumptions based on nationality or appearance. If the evidence raises a question about continued work, escalate it promptly for appropriate immigration and employment advice instead of waiting for the final audit report.

Separate present findings from October preparations

As at 8 September 2026, the Home Office has published draft guidance expanding the framework from 1 October 2026 to specified worker contracts, individual subcontractors and online matching arrangements. The draft also addresses extended liability and substitutes. Record this as a forward-looking readiness workstream, with the commencement and transitional conditions assessed accurately. Do not mark a September file as breaching a provision that has not yet come into force. ^[2]

Use the preparation review to locate supplier contracts, identify upcoming engagements and allocate responsibility for the new scope where applicable. Confirm the guidance in force when those engagements begin. Keep existing sponsor duties and current contractor assurance considerations within the present review; the future changes do not mean there is nothing to assess before October.

Produce findings that can be resolved

Classify each finding by the action needed: obtain a missing record, complete a current check, verify a restriction, correct an internal process or seek specialist advice. Give it an owner and a target date, while treating potentially urgent work-authorisation issues separately. Avoid a report containing only traffic-light colours without explaining the evidence or decision required to close each item.

For assistance through Workforce immigration audit support, share the audit scope, workforce structure and anonymised examples first. Case-specific immigration advice must be delivered by an appropriately regulated or otherwise legally authorised adviser. Agree secure access before transferring identity files. The completed audit should include the population reviewed, limitations, unresolved cases and a remediation log, so a later reviewer can distinguish verified completion from work that remains outstanding.

After remediation, check the specific evidence that closes each finding and retain the closure note. Do not rerun a broad audit simply to generate a better score when the unresolved issue is known. A focused follow-up on the actual gaps is more useful than another report repeating the same recommendations.

Illustrative scenario

An employer’s audit finds several records with a tick but no saved result. HR logs the gaps, seeks advice on the risk and completes appropriate current action without backdating the evidence.

Preparation checklist

• Reconcile the employee list
• Review evidence quality
• Check follow-up dates
• Log and resolve gaps honestly