Right to Work Checks: The 2025 Employer Guide

In 2025, right to work (RTW) checks remain a legal must for all UK employers - and the penalties for getting it wrong are only growing.

Whether you're hiring a British graduate or an EU national with settled status, the law requires you to carry out a correct check before employment begins.

This guide explains what counts as a compliant check, how rules have changed post-Brexit, and how imminova automates the pain points many HR teams face.

1️⃣ What Is a Right to Work Check?

A Right to Work check verifies that your employee is legally allowed to work in the UK. It’s a legal requirement for every hire, regardless of nationality or how long they've lived in the UK.

Done correctly, a check gives employers a "statutory excuse" - meaning you won’t be liable for a civil penalty if it turns out someone’s working illegally later on.

2️⃣ Who Must Be Checked?

✔️ All employees, including:

• British citizens

• Irish citizens

• EU, EEA, Swiss nationals

• Non-EU nationals on visas

• Students and dependants

🛑 Never assume someone has the right to work based on:

🔍 Example: A person born in the UK doesn’t automatically have British citizenship - especially if their parents weren't settled at the time. Always check documentation.

3️⃣ Methods of Right to Work Checks (2025)

There are three compliant ways to check right to work:

Method	Who it's for	Notes
✅ Manual Check	British & Irish citizens	Must see original passport or birth certificate + NI proof
✅ Online Check	Visa holders, EU/EUSS status holders	Use share code via gov.uk
✅ Digital Check (IDSP)	Optional for British/Irish remote hires	Uses certified digital providers (fees apply)

⚠️ You cannot do a manual check for anyone who holds a BRP, digital status or visa - they must go through the online process.

4️⃣ EU Citizens: Post-Brexit Right to Work

Since 1 July 2021, EU, EEA, and Swiss citizens must prove their right to work. You can no longer accept EU passports alone.

Instead, they’ll need to show one of the following via the gov.uk online check:

• ✅ Settled or Pre-Settled Status under the EU Settlement Scheme (EUSS)

• ✅ A Skilled Worker or other work visa

• ✅ A valid frontier worker permit 

Ask them for a share code and check their status via gov.uk/view-right-to-work. Save the dated check confirmation page as proof.

🧠 imminova Tip: EU nationals who arrived pre-Brexit usually have EUSS. If not, they'll need a visa to work.

5️⃣ What Documents Are Accepted?

✅ Manual Check (British/Irish)

You must see and copy original versions of:

• A valid passport (British or Irish), or

• Birth certificate + official document with National Insurance number (e.g. P45, payslip)

Sign, date and retain a copy with:

• The date the check was made

• Your name as the checker

✅ Online Check (Visa/EUSS holders)

Ask for a share code from the worker via gov.uk/prove-right-to-work

Then:

• Go to gov.uk/view-right-to-work

• Enter their code and date of birth

• Confirm name, photo and work conditions

• Save the outcome page securely

📌 You cannot rely on a screenshot or email - it must be checked live.

6️⃣ Time-Limited Right to Work & Repeat Checks

If the person has temporary immigration status, such as a Skilled Worker visa or Pre-Settled Status, you'll need to do a follow-up check before their permission expires.

Status	Follow-Up Check Needed?
British/Irish passport holder	❌ No
Settled status	❌ No
Pre-settled status	✅ Yes – check expiry
Work visa (Skilled Worker, Graduate, etc.)	✅ Yes – check expiry
Asylum seekers with ARC	✅ Yes – check via Employer Checking Service

7️⃣ How imminova Automates Right to Work

Most HR teams struggle to stay on top of List B workers (those with temporary permission to work). At imminova, we simplify the entire process:

✅ Auto-classification of uploaded documents into List A or B

✅ Smart expiry tracking for time-limited statuses

✅ Reminders for follow-up checks built directly into the portal

✅ Employee access to upload new share codes ahead of time

✅ Digital audit trail that’s Home Office-compliant

✅ Seamless integration with CoS tracking and sponsorship records

💡 No spreadsheets, no guesswork, no Home Office penalties.

8️⃣ Penalties for Non-Compliance

Offence	Consequence
Employing someone illegally (unknowingly)	Up to £60,000 per worker
Knowingly employing someone illegally	Unlimited fine + up to 5 years in prison
Poor RTW practice as a sponsor	Revoked or downgraded licence
Failure to repeat checks	Civil penalties + reputational damage

9️⃣ Common Mistakes Employers Make

❌ Assuming someone born in the UK has the right to work - check for British citizenship documents

❌ Not checking British/Irish passports at all - still required for your statutory excuse

❌ Accepting expired or copied passports

❌ Using PDFs or screenshots instead of a live online check

❌ Forgetting follow-up checks for visas or pre-settled status

❌ Assuming an EU national is automatically eligible to work - they’re not

🔟 Your Right to Work Compliance Checklist ✅

Before Day 1:

•  Check every new hire’s right to work, regardless of nationality

•  Use the correct method (manual/online/IDSP)

•  Retain signed, dated copies securely

•  Schedule follow-up checks where needed

Ongoing:

•  Keep evidence for 2 years after employment ends

•  Update systems when immigration status changes

•  Train HR or onboarding teams regularly

•  Respond to reminders to avoid expired statuses

💼 imminova: Making RTW Checks Effortless

At imminova, we combine legal precision with smart automation to help you:

• Stay 100% compliant with current RTW rules

• Avoid civil penalties and audit headaches

• Confidently hire from global talent pools

📩 Need a system health check or a free RTW policy review? Contact Imminova today to upgrade your hiring compliance with confidence.