This guidance explains what employers must do to prevent illegal working in the UK by carrying out right to work checks on people before employing them to make sure they are allowed to work.
You should use it to find out:
what a right to work check is
why you need to do right to work checks
how to carry out checks
when to carry out initial checks, follow-up checks, and what happens under TUPE
what documents are acceptable for a manual right to work check
If youre reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.
Published 16 May 2014 Last updated 8 February 2024 +show all updates
Guidance updated, changes are detailed on page 6.
Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use.
The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022.
Updated to the latest version of the guidance.
Updated information for employers carrying out right to work checks from 1 October.
Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks.
New Ukrainian nationals and right to work checks guide added.
Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide.
Added draft version of guidance which will come into force on 6 April 2022.
Added web version of the employer's guide.
Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification.
Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders.
Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process.
Guidance updated with changes to the acceptable document list. Amendments also made to the section on Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021 and EEA citizens without lawful immigration status after 30 June.
Guidance updated with changes to the way EEA citizens evidence their right to work.
Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021).
Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021).
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process.
