What are right to work checks

In the United Kingdom, organisations typically verify candidates’ permission to work as part of hiring. Refer to your organisation’s policy and current official guidance when planning your approach. 

Right to work documentation 101

Right to work checks are covered in official guidance. Check how your organisation’s internal process describes carrying out checks and recording outcomes. 

Refer to current official guidance when planning or updating your process, and apply your organisation’s policy consistently across candidates.

What is a right to work share code

Right to work share codes are part of right to work checks and are used to view an individual’s right to work status via the official service.

Public sources note that a share code allows employers to view information such as permitted roles and any time-limited permissions via the official service. 

Related: 5 useful questions for employers to ask when conducting a reference check

What is right to work documentation?

Right to work documents referenced in official guidance are often grouped into two categories. Understanding these categories can help HR teams organise their process.

Related: Recruitment and selection: how to choose the right candidate

Right to work documents – List A explained

Official guidance often describes List A documents as evidence of ongoing permission to work. Check current official guidance for when any follow‑up may be needed and reflect that in your internal process. Here are examples of List A documents:

• A full United Kingdom passport that confirms the candidate’s British nationality
• A passport from a British Overseas Territory that grants the right of abode in the UK
• A passport or ID card showing that the candidate is an Irish citizen
• A document approved by the Home Office Employer Checking Service that shows that the holder has been granted indefinite leave to enter or to remain, along with official proof of the person’s permanent National Insurance number and their name
• A passport showing that the individual is exempt from immigration control and can stay indefinitely in the UK
• An immigration status document issued by the Home Office with an endorsement indicating that the candidate is allowed to stay indefinitely in the UK
• A birth or adoption certificate issued in the UK, accompanied by an official document with proof of the person’s National Insurance number and their name
• A certificate of registration or naturalisation as a British citizen, accompanied by an official document with proof of the person’s National Insurance number and their name

Related: How Indeed can support a digital recruitment process

Right to work documents – List B explained

List B documents are divided into two groups, each with different conditions and specific verification requirements. These documents indicate a temporary or partially restricted right to work.

List B – Group 1:

• A current passport showing that the holder is allowed to stay in the UK and permitted to do the type of work you would like them to do
• A document showing that the holder has been granted limited leave to enter or remain
• A current Immigration Status Document issued by the Home Office, containing a photograph and a valid endorsement showing that the holder may stay in the UK and is allowed to do the type of work you would like them to do

List B – Group 2:

• A document from the Home Office showing that the holder has applied for leave to remain or enter under Appendix EU of the immigration rules (EU Settlement Scheme). The application must have been made on or before 30 June 2021 along with a PVN (Positive Verification Notice) delivered by the Home Office Employer Checking Service.
• A document showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or after 1 July 2021, together with a valid verification notice from the Home Office Employer Checking Service.
• An Application Registration Card issued by the Home Office that permits the holder to take the employment you wish to hire them for, along with a Positive Verification Notice.
• In Jersey and the Isle of Man a document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man showing that the holder has applied 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

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Right to work checks: a guide for employers

Below are common ways organisations approach right to work checks, example steps often included in a process, and potential risks described in official sources.

Ways employers can complete right to work checks

Organisations may conduct right to work checks in person or digitally. Confirm the approach against current official guidance and your organisation’s policy. The approach used may vary depending on the candidate’s specific circumstances.

Consider establishing a clear process for right to work checks that aligns with your organisation’s policy and current official guidance. Here are some of the ways you and your HR team can approach right to work checks:

Manual RTW checks

Refer to the official list of acceptable documents in current guidance and your organisation’s process for review and record‑keeping.

Related: New recruit onboarding checklist

Digital RTW checks

Employers can use an IDSP (Digital Identity Service Provider) for digital checks. These providers perform the checks on behalf of the employer, which public sources describe as performing identity verification checks on behalf of the employer. 

Online RTW checks

The government provides an online right to work check service. This service uses an employee’s share code and can display whether permission is time‑limited or ongoing.

Use the Employer Checking Service

The Home Office offers a free online Employer Checking Service for situations where a candidate cannot provide acceptable documentation for manual checks. This service is particularly useful when an individual is awaiting a Home Office decision on their application.

Three steps to a right to work document check

Below are common steps organisations include in their process, informed by current official guidance and adapted to internal policy.

1. Collect the documentation

The first step is to obtain the necessary documentation from the candidate. Organisations often refer to List A and List B as outlined in current guidance. Driving licences, DBS checks and criminal record checks are not included in current Home Office lists for right-to-work checks.

2. Check the documentation

Evaluate documentation per your process (for example, checking that details are consistent and current). Where information is obtained via official services, follow the steps set out in current guidance and your organisation’s policy. Record what you reviewed and any relevant conditions.

3. Keep a copy of the checks

Store records securely and in line with your organisation’s retention and information‑security policies, taking account of current official guidance. Document what was checked, when, and by whom.

Related: Data protection and HR GDPR for employers

Possible risks to employers who fail to undertake RTW checks

Failure to comply with right to work checks may be subject to penalties. For example:

• Criminal prosecution

In serious cases, employers may be subject to criminal prosecution with up to five years in prison. This applies when employers knowingly employ illegal workers and conceal these actions from the authorities.

• Financial loss and damage of reputation

Penalties for non-compliance may include enforced debt action, county court judgements and even the disqualification of company directors. In severe cases, businesses may be forced to cease trading. Additionally, actions against the business can seriously damage the employer’s brand causing long-term reputational harm.

• Stoppage of recruitment of international talent

Employers with sponsorship licences risk having these withdrawn if they fail to comply with regulations. Public sources note that sponsorship licence revocation can affect an organisation’s ability to recruit international workers. 

Related: Tips for improving your talent sourcing

Right to work checks are addressed in official guidance, and non‑compliance can carry penalties. Some organisations develop a clear, consistent process that aligns with your organisation’s policy and current guidance, and make sure hiring teams know how to follow it.