Right-to-work checks before employing someone

An employer should complete the appropriate right-to-work check before the person starts the relevant employment. Use the current prescribed route for the individual’s evidence and retain the result, rather than treating a CV, National Insurance number or visa photograph as sufficient.

Confirm that the permission covers the actual work and any restrictions. Build the check into recruitment with a responsible person and time to resolve uncertainty.

Place the check before the employment start

Build a clear right-to-work stage into recruitment, with a named checker and enough time to resolve missing evidence. The Home Office requires the appropriate check before employing the person. The result must relate to the work actually offered, including any restrictions on duties or hours. ^[1] A completed payroll form or successful reference check does not replace this separate assessment.

Record the proposed role, hours, work location and start date in the recruitment file. Give the candidate clear instructions about the available evidence routes and a contact for questions. Avoid leaving the check until the first shift has already begun. Where a start date changes, confirm that the evidence and any time-limited permission remain appropriate rather than assuming an earlier recruitment approval covers every later arrangement.

Choose the prescribed route for the evidence

The available routes include the Home Office online service, an appropriate original-document check and permitted digital identity verification for eligible British or Irish passport holders. British and Irish citizens cannot obtain a right-to-work share code. Physical biometric residence permits or cards should not be accepted as a substitute for the required online check. ^[1] Choose the route from current guidance and the evidence available, not from nationality-based assumptions.

Explain alternatives fairly where a candidate cannot use the preferred digital process. A recruitment policy should not require everyone to produce the same document when the prescribed rules allow different evidence. Keep a short record of the route selected and why. If the case does not fit the normal process, escalate it to someone trained to assess the guidance rather than improvising an exception to meet a staffing deadline.

Complete identity and work-condition checks

For an online check, use the employer side of the official service and compare its photograph with the person presenting for work through the permitted process. Review the permission details and any restrictions. A candidate's own screenshot is not the employer-service check. The employer guide explains the steps and the evidence to retain. ^[2] Record the result rather than only noting that a share code was received.

Translate relevant restrictions into practical recruitment decisions. If hours are limited, the intended rota needs to comply; if particular work is restricted, the job description must be reviewed. Ask for appropriate specialist advice where the permission is unclear. Do not infer unrestricted work from the fact that the person has lived in the UK for some time or previously worked for another employer.

Preserve evidence and identify follow-up cases

Keep the prescribed evidence, check date and a clear link to the employee record. Store it securely and make it accessible to authorised staff who may need to demonstrate the check later. The Home Office requires retention during employment and for two years afterwards, with the applicable disposal requirements followed. ^[2] A spreadsheet entry saying passed is useful for tracking but does not replace the underlying evidence.

Record any follow-up requirement from the check and current guidance. Not every immigration status needs repeated checks, so avoid setting unnecessary automatic expiry reviews without understanding the status. Follow-up right-to-work checks explains how to organise the follow-up process. Assign a backup owner for reminders so an employee's case does not become overlooked when the original recruiter changes role or leaves the business.

Resolve uncertainty through the correct channel

Where the person cannot demonstrate their status through the normal route, consider the Employer Checking Service where the guidance permits it. Do not treat a technical error or an outstanding application as proof either of unrestricted permission or of no right to work. Establish the facts and obtain appropriate advice before making decisions with immigration and employment consequences. Keep the response and reasoning in the file.

See Using a share code for a right-to-work check for the share-code process and Employer right-to-work process review to discuss the scope of employer compliance support. Any case-specific immigration advice must be provided by an appropriately regulated or otherwise legally authorised adviser. Confirm the adviser and accepted scope before relying on a website enquiry as an instruction to resolve an urgent case. General administrative support and advice on an individual's permission are different tasks.

At the end of onboarding, reconcile the approved start details with the actual role and hours. Give operational managers only the information needed to respect work conditions, while keeping identity documents in the controlled personnel record. This turns a completed check into a workable employment process without circulating sensitive immigration evidence more widely than necessary.

Illustrative scenario

A business recruits a candidate with digital immigration status. The authorised checker uses the employer online service and reviews the work conditions before confirming the start arrangements.

Preparation checklist

• Identify the correct check route
• Complete it before employment
• Review work restrictions
• Retain the required evidence