How to Conduct a Right to Work Check for Employment in the UK

<div class="grey-callout"><h2>Key Takeaways</h2>
<p><ul><li>Right-to-work checks are a legal requirement: All UK employers must verify that applicants have the right to work in the UK to avoid fines of up to £20,000 per illegal worker.</li>
<li>Relying on screening questions is not enough: Asking candidates if they have the right to work in the UK isn’t a valid verification method. Employers must use online or manual checks to confirm eligibility.</li>
<li>Use List A and List B documents: Documents in List A confirm permanent right to work, while those in List B show temporary right, requiring follow-up checks.</li>
<li>Keep records for compliance: Copies of right-to-work documents must be stored securely for the duration of employment and two years after the employee leaves.</li>
<li>Online checks streamline the process: For non-UK nationals, use the Home Office online service with a share code and date of birth for quick and accurate verification.</li></ul>
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Applicants Without Permission to Work in the UK are Frustrating buy Inevitable

When it comes to recruitment, one issue that frustrates employers is receiving overseas applications from individuals who lack the right to work in the UK. While screening questions such as “Do you have the right to work in the UK?” seem like a simple solution, they can actually cause more harm than good. Many applicants—whether eligible or not—are aware that saying “no” will prevent them from submitting their application, so they simply respond “yes” to proceed, which renders the question ineffective.

In job advertisements, I often include a statement at the end: <span class="text-style-email">No overseas applicants, please—visa applications will not be considered.</span>“ While this helps reduce the number of international applicants, it still isn’t a reliable method for ensuring compliance with UK employment law. Right-to-work checks must be thorough and legally sound to avoid penalties, which is why I’ve written this article to guide you through the correct steps for verifying whether an applicant has the right to work in the UK.

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Why Right to Work Checks Are Necessary

UK employers are legally obligated to prevent illegal working by ensuring that all employees have the right to work in the UK. This involves conducting appropriate right-to-work checks before hiring, ensuring compliance with immigration laws, and avoiding significant fines or legal repercussions.

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Steps to Conduct a Right to Work Check

1. Request Proof of Right to Work

There are two main ways to verify an applicant’s right to work in the UK: manual document checks or online right-to-work checks.

• Online Right-to-Work Check: For most non-UK or Irish citizens, the right to work is verified through an online service using the applicant’s share code and date of birth. This system provides real-time information on the applicant’s eligibility to work and any time restrictions.

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When conducting an online check, employers should:

• Verify that the photo displayed matches the individual.
• Ensure that the type of work the applicant is allowed to do corresponds with the role being offered.
• Retain an electronic or hard copy of the result for as long as the individual is employed and for two years after employment ends.
• Manual Right-to-Work Check: For British and Irish citizens, or if the online check is not possible, you must manually verify their documents. You need to ask the individual for original documents listed in either List A (permanent right to work) or List B (temporary right to work).

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Ensure that:

• The documents are original and unaltered.
• The photo and personal details match the individual.
• The expiration date for time-limited work permissions is valid and hasn’t expired.
• If documents show different names (e.g., due to marriage), ask for additional proof, such as a marriage certificate.

2. Verify and Retain Copies

Once the documents are verified or the online check is complete, you must make copies of the relevant documents or retain the online confirmation. For passports, copy any pages that display the individual’s photo, date of birth, and any visa endorsements. For other documents, make a complete copy. Ensure that all copies are clear and stored securely, complying with data protection laws.

3. Recheck for Time-Limited Work Permissions

If an employee has a time-limited right to work, such as someone on a visa, you are required to conduct follow-up checks before their permission expires. This ensures they remain eligible to work in the UK. Failure to do so could lead to penalties.

4. Use the Employer Checking Service When Necessary

In cases where an applicant’s immigration status is pending, such as a visa extension, or when documents are unavailable, you can use the Home Office’s Employer Checking Service. This service can confirm whether an individual has the right to work while awaiting a decision on their application.

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List A and List B Right to Work Documents Explained

When performing manual right-to-work checks, the documents an employer should review are grouped into two categories: List A and List B.

List A

Documents in List A confirm that the individual has a permanent right to work in the UK. Once these documents are checked, no follow-up checks are needed. Examples include:

• A UK passport.
• A birth or adoption certificate issued in the UK, accompanied by proof of the applicant’s National Insurance number (e.g., a P60 or P45).
• A permanent residence card issued to the family member of an EEA or Swiss national.

List B

Documents in List B show that the individual has a temporary right to work in the UK, requiring follow-up checks:

• Group 1: Documents showing a time-limited right to work, such as a valid visa or biometric residence permit. You must check again before the expiry date.
• Group 2: Documents indicating the individual’s immigration status is under review. A follow-up check is required within six months.

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Conclusion

Right to work checks are an essential part of UK employment law, and cutting corners can lead to severe penalties, including fines of up to £20,000 per illegal worker. Relying on applicants to answer screening questions truthfully isn’t enough; you must verify their status using the correct methods. While it may be frustrating to deal with overseas applications, especially when clearly stating visa applications won’t be considered, it’s just a fact of recruitment advertising. Ultimately, performing thorough right-to-work checks ensures compliance and protects your business.

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FAQs on Right-to-Work Checks for UK Employers

What happens if I don’t carry out right-to-work checks properly?

Failing to conduct proper right-to-work checks can result in severe penalties, including fines of up to £20,000 per illegal worker. In extreme cases, employers may face criminal charges if they knowingly employ someone without the right to work.

Can I rely on asking applicants if they have the right to work in the UK?

No, asking candidates this question alone is not a valid method of conducting right-to-work checks. Many applicants may answer “yes” to proceed with their application, even if they do not have the proper documentation. Employers must verify the right to work through online checks or by reviewing the original documents as specified by UK law.

How can I reduce the number of overseas applicants for my job postings?

While adding disclaimers such as “No overseas applicants, please—visa applications will not be considered” at the end of job advertisements can reduce the number of unsuitable applicants, this is not a foolproof method. You still need to carry out right-to-work checks on all applicants to ensure compliance.

How do I verify the right to work if the applicant is from the EU?

Since Brexit, citizens of EU countries, along with EEA and Swiss nationals, need to prove their right to work via an online check. You will need their share code and date of birth to complete this check.

What documents are required for a manual right-to-work check?

For manual checks, acceptable documents include a UK passport, an EU national identity card (for Irish citizens), or a visa. Full details of acceptable documents are found in List A (permanent right) and List B (temporary right).

How long do I need to keep records of right-to-work checks?

You must retain copies of the documents used for the right-to-work check for the duration of the employee’s employment and for two years after they leave.

What should I do if an employee’s right to work is time-limited?

If an employee has a time-limited right to work, you must conduct follow-up checks before their permission expires to avoid penalties.

Can I conduct a right-to-work check remotely?

No, remote right-to-work checks are no longer valid. You must now conduct manual document checks or use the online share code system in person.

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Additional Resources

• Talent Acquisition Book; The Secrets of Great Recruitment: How to Recruit Great Employees.
• Downloadable PDF guide; Use Reference Calls: Find Out What Candidates Don’t Want You to Know!
• Downloadable script; Script for Reference Calls.
• Article; Employment Background Reference Checks: How One Simple Call Can Save your Business!
• Article; Background Checks for Employment: What Employers Need to Know.