UK Right to Work Check 2026: Manual, IDVT, and Share Code

The right to work check is the legal foundation of UK hiring compliance. Skipping it, doing it late, or doing it wrong exposes the employer to a civil penalty of up to £45,000 per worker for a first breach, and up to £60,000 for a repeat. This article walks through the three valid routes — manual document check, online share-code check, and Identity Document Validation Technology (IDVT) — and the practical workflow each demands in 2026.

1. The Statutory Basis — Immigration, Asylum and Nationality Act 2006

The legal regime is set by the Immigration, Asylum and Nationality Act 2006, sections 15–25. The Act:

• Imposes a civil penalty for employing a person without right to work (s.15)
• Provides a statutory excuse if the employer carried out a prescribed check before employment (s.15(3))
• Creates a criminal offence of knowingly employing an illegal worker (s.21)

Civil penalty maxima (current in 2026):

• £45,000 per worker for a first breach
• £60,000 per worker for a repeat breach
• Reductions for early payment and full cooperation

The check must be done before employment starts. A check after day one does not provide the statutory excuse for the period of employment before the check.

Statute: https://www.legislation.gov.uk/ukpga/2006/13/contents

2. The Three Valid Routes in 2026

Government employer guide: https://www.gov.uk/government/publications/an-employers-guide-to-right-to-work-checks

3. Route A — Manual Document Check (3 Steps)

Step 1: Obtain

Obtain the worker’s original document. The Home Office publishes two lists:

• List A — documents showing permanent right to work (e.g. UK / Irish passport, ILR card, certificate of registration)
• List B — documents showing time-limited right to work (e.g. visa, residence permit with limited validity)

A copy is not enough. The employer must see the original.

Step 2: Check

Check the document in the presence of the holder:

• Is the photo a likeness?
• Are the dates valid (not expired)?
• Is the document genuine? (Watermarks, embossing, no signs of tampering)
• Does the name match the application paperwork?

Step 3: Copy and Retain

Take a clear copy:

• Of the front and back of biometric cards
• Of the photo page and any visa/endorsement pages of passports
• Date and sign the copy with the checker’s name

Retain for the duration of employment plus 2 years.

For List B workers (time-limited), diarise a follow-up check before the time-limited document expires.

4. Route B — Online Share-Code Check (5 Steps)

For most non-British / non-Irish workers, the online share-code check is now standard. It is faster, more reliable, and provides the most robust statutory excuse.

Step 1: Worker Generates Share Code

The worker generates a 9-character share code at https://www.gov.uk/prove-right-to-work. The code is valid for 30 days.

Step 2: Worker Sends Share Code + Date of Birth to Employer

By email, text, or in person. The code alone is not enough; the employer also needs the worker’s date of birth to use it.

Step 3: Employer Uses Share Code

Employer enters share code + DOB at https://www.gov.uk/view-right-to-work.

Step 4: Employer Verifies the Photo on Screen

The Home Office page shows a photo of the worker. The employer must compare it with the worker in person (or via live video).

Step 5: Save the Verification Page

Save a PDF of the verification page. The page shows:

• Worker’s name and DOB
• Permission to work in the UK (yes/no)
• Conditions / hours restrictions (if any)
• Validity period (if time-limited)
• Date and time of check

Retain for the duration of employment plus 2 years.

Online check: https://www.gov.uk/view-right-to-work

5. Route C — IDVT (British and Irish Citizens via IDSP)

Since April 2022, employers may outsource the right-to-work check for British and Irish citizens to a certified Identity Service Provider (IDSP) using Identity Document Validation Technology (IDVT). The IDSP:

• Verifies the worker’s identity electronically (passport scan + selfie / liveness)
• Issues a verification report to the employer
• The employer reviews and retains the report

IDVT is only valid for British and Irish citizens (i.e. those whose right to work is permanent and verified by passport). Non-British / non-Irish citizens must use the online share-code route.

The Home Office maintains a list of certified IDSPs: https://www.gov.uk/government/publications/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks

6. The Phasing Out of Biometric Residence Permits (BRPs)

BRPs (the credit-card-sized residence permits issued to non-British / non-Irish residents) are being phased out. From early 2026, most BRP holders have been transitioned to eVisa status — the right to work is held purely electronically.

Implications:

• BRP cards expiring in 2024 / 2025 / 2026 have not been replaced; the holder retains right to work via eVisa
• Manual check on a BRP is no longer the standard route — share code is preferred for all non-British / non-Irish workers
• Holders who cannot generate a share code (rare; e.g. some pending decisions) require a Home Office Employer Checking Service request: https://www.gov.uk/employee-immigration-employment-status

7. The Continuous Statutory Excuse — Follow-Up Checks

For List B workers (time-limited), the statutory excuse expires when the time-limited document expires. The employer must:

• Diarise the expiry date at the time of the original check
• Carry out a follow-up check before the original document expires
• If the worker has applied to renew but the application is pending, use the Employer Checking Service: https://www.gov.uk/employee-immigration-employment-status

The Employer Checking Service issues a “Positive Verification Notice” giving 6 months of statutory excuse.

8. Sponsor Licence Holders — Additional Duties

Employers holding a Sponsor Licence (Skilled Worker, Global Business Mobility, etc.) have additional duties beyond the right to work check:

• Right to work check before employment begins (as for any employer)
• Maintain Sponsor Management System records
• Report changes (role, location, salary) within 10 working days
• Renew the sponsor licence every 4 years

Sponsor a worker: https://www.gov.uk/uk-visa-sponsorship-employers

9. Common Mistakes — Gyoseishoshi View

Mistake 1: Check After Day One

Symptom: Worker starts on Monday; check happens on Friday. Statutory excuse missing for the first 5 days. Root cause: Onboarding workflow puts check after start date. Fix: Right-to-work check is a gating step before the start date in the onboarding workflow. No check, no start.

Mistake 2: Manual Check on a Visa Holder

Symptom: Employer sees the worker’s visa stamp in passport, ticks the box, employs. BRP / eVisa was the actual document; visa stamp was historical. Fix: For non-British / non-Irish workers, always use the share code route. Do not rely on physical documents.

Mistake 3: No Follow-Up for List B Worker

Symptom: Worker on time-limited visa; visa expires; employer continues to employ; civil penalty. Fix: Diarise expiry; check 2 weeks before; if renewal pending, use Employer Checking Service.

Mistake 4: Photo Not Compared

Symptom: Employer pulls share code result, prints PDF, files it. Did not actually compare the photo to the worker. Fix: The check requires comparison of the photo on the verification page with the worker in person or by live video. Document the comparison (“photo compared by [name] on [date], match confirmed”).

Mistake 5: Retention Period Too Short

Symptom: Worker leaves; documents shredded after 6 months. HMRC / Home Office audit 18 months later finds no record. Statutory excuse retrospectively unavailable. Fix: Retain for duration of employment + 2 years. Use a secure HR document store with retention rules.

10. The MmowW Cell #15 Right-to-Work Workflow

Cell #15 (UK Employment) generates:

• Right-to-Work Check Form — a structured one-page record covering the chosen route (manual / share code / IDVT), the document(s) seen, the date and name of checker, the photo comparison
• Employer Pack — onboarding pack with the Right-to-Work Check Form as the gating Step 1 (before contract issuance)
• Diary Reminder — for List B workers, an automatic 14-day pre-expiry reminder for follow-up

The form is signed by the checker and dated. It satisfies the documentary part of the statutory excuse.

11. The Penalty Structure in Detail

The statutory excuse (gained by carrying out a compliant check) blocks the civil penalty. Without it, the penalty applies regardless of fault.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scribe is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, or attorneys.

Sources

1. Immigration, Asylum and Nationality Act 2006: https://www.legislation.gov.uk/ukpga/2006/13/contents
2. An employer’s guide to right to work checks: https://www.gov.uk/government/publications/an-employers-guide-to-right-to-work-checks
3. View a job applicant’s right to work details: https://www.gov.uk/view-right-to-work
4. Prove your right to work to an employer (worker side): https://www.gov.uk/prove-right-to-work
5. Sponsor a worker (Skilled Worker route): https://www.gov.uk/uk-visa-sponsorship-employers