Right to work checks: an employer's guide
How to carry out right to work checks, why you need to do them, and which documents you can use.
Documents
Details
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.
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
Check if someone can work in the UK using our quick answer tool.
If you’re 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.
The employer guidance collection includes all documents for employers on preventing illegal working.
WeYou arecan awareview previous versions of the guidance by visiting The National Archives.
Draft guidance
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Added draft version of guidance which will come into force on 6 April 2022.
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Added web version of the employer's guide.
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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.
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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.
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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.
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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’.
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Guidance updated with changes to the way EEA citizens evidence their right to work.
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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).
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Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021).
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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.
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Updated to add 28 January 2019 edition
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Attached updated guidance.
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Updated guidance.
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Updated guidance.
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Updated guidance on right to work checks.
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Updated guide
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Updated right to work document
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added link to new online employer checking service form
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Updated guidance, 28/07/2014.
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First published.