Right to Work in the UK 2026: A Practical Guide for Employers

If you employ staff in the UK, checking that every worker has the legal right to work is non-negotiable. Get it wrong, and your business could face civil penalties from £45,000 per illegal worker, compliance audits, and reputational damage.

With the move to digital immigration status, EU Settlement Scheme updates, and new rules for sponsored workers, employers need a structured approach to Right to Work checks - and that’s exactly what this imminova guide delivers.

1️⃣ Why Right to Work Checks Matter

Every person starting work in the UK - whether British, Irish, or international - must be able to prove they’re legally entitled to work.

Key points:

• British and Irish citizens usually show a passport or a combination of birth certificate and National Insurance number.

• Most other employees now use the Home Office online service to prove digital status.

• BRPs expired on 31 December 2024 and cannot be used alone as evidence.

• Employers are legally liable for errors, even if they believed the employee could work.

A compliant check protects your business - and ensures your staff start work legally.

2️⃣ How Employees Can Prove Their Right to Work

Digital Immigration Status (eVisa)

Most non-British, non-Irish workers now hold digital permission. To prove it:

1. Go to the GOV.UK “Prove your right to work” service.

2. Generate a share code starting with “W” (valid for 90 days).

3. Give the share code and date of birth to the employer.

Important: Screenshots or photos of the online status are not enough. Employers must view the live record and retain a dated copy.

EU Settlement Scheme (EUSS)

• Settled status: ongoing right to work; no repeat checks needed.

• Pre-settled status: once a compliant initial check is done, no repeat check is required unless the individual loses status.

• Checks are always completed via share code - no physical documents needed.

British or Irish Citizens

• Proof is usually a passport (current or expired) or birth certificate + National Insurance.

• Digital identity verification is also possible for passport holders, but the employer remains responsible for verifying identity.

Time-Limited Physical Documents

• Some short-term entry vignettes or visas may be used for initial checks only.

• All BRPs are now expired; historic cards or old EEA documents cannot be relied on.

• Follow-up checks through the online system are required once digital status is available.

Employer Checking Service (ECS)

Use ECS only when standard checks cannot confirm status, e.g.:

• Section 3C leave (pending applications or administrative reviews)

• Certain asylum or long-term resident categories

The Home Office issues a Positive Verification Notice (PVN), giving a statutory excuse valid for six months.

3️⃣ Employer Responsibilities in Practice

Employers should:

• Identify the right check based on nationality and status.

• Complete the check before employment starts.

• Verify identity in person or via digital verification for British/Irish passport holders.

• Store evidence securely and ensure it’s auditable.

• Track expiry dates for time-limited permission and schedule follow-up checks.

Warning: Failing to follow the correct process, or relying on incorrect documents, can result in fines, audits, or sponsor licence review.

4️⃣ Common Mistakes to Avoid

• Assuming eligibility: Student visas or EU pre-settled status may meet requirements, but evidence must always be verified.

• Using the wrong documents: Screenshots, outdated BRPs, or letters from advisers do not suffice.

• Delaying checks: Late submission of share codes or UKVI account issues can delay start dates.

• Inconsistent checks: Applying different scrutiny based on nationality or appearance risks discrimination claims.

5️⃣ Imminova Step-by-Step Workflow

Before the Offer:

Communicate clearly that a Right to Work check is required and outline acceptable evidence.

Pre-Start:

• Employee generates share code or gathers documents.

• Employer reviews and confirms all information is complete.

Day 1:

• Complete the check before work starts.

• Verify identity (in-person or digitally).

• Store evidence securely with dates.

Ongoing / Follow-Up:

• Track expiry of time-limited permissions.

• Schedule follow-up checks before expiry.

• Use ECS if online verification fails.

6️⃣ Imminova Pro Tips

• Plan ahead: Include Right to Work checks in your recruitment timeline.

• Document everything: Keep clear, dated evidence of all checks.

• Centralise follow-ups: Maintain a register of all time-limited permissions and upcoming checks.

• Train your team: Ensure HR and line managers understand the checks and statutory excuses.

7️⃣ FAQs

Can expired passports be used?

• Yes, for British and Irish nationals. Expired non-UK passports are only acceptable if they show an unlimited right to work.

What if the online check fails?

• Ask the employee to update their UKVI account or generate a fresh share code. If unavailable, use the ECS. Employment cannot start without valid evidence.

Are repeat checks always required?

• Only for time-limited permission (excluding pre-settled status). Plan ahead to avoid gaps.

Can a job offer be withdrawn?

• Yes. Without acceptable evidence or a PVN, employment cannot lawfully begin.

8️⃣ How Imminova Helps

We assist employers to:

• Identify the correct Right to Work route for every employee

• Review share codes, passports, and digital evidence

• Conduct compliant manual and digital checks

• Implement follow-up systems for time-limited permissions

• Protect your business from fines and compliance risks

📩 Need expert support? Contact imminova today to review your Right to Work processes, audit existing checks, or get guidance on complex employee cases.