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← Guidance

Right to work checks

How to check, when to repeat, and what to keep — to hold a statutory excuse.

Updated June 2026 · general information, not legal advice

Why it matters

  • Every employer must confirm a person can legally work in the UK before they start. Doing a correct check gives you a 'statutory excuse' — protection from a civil penalty if the person later turns out to be working illegally.
  • Doing the wrong type of check, even if the documents look genuine, does not give you that protection. The method must match the worker's status on the date you check.

The three methods in 2026

  • Online share-code check — for anyone whose status is digital (an eVisa, EU Settlement Scheme status, or other digital record). The worker generates a share code (it begins with 'W' and is valid for 90 days) and you verify it on the GOV.UK 'view a job applicant's right to work' service.
  • Manual document check — for people who still hold acceptable physical documents (such as a British or Irish passport). Check the original in the person's presence, confirm it's genuine, and keep a clear copy.
  • IDVT check — British and Irish passport holders can be verified remotely through a certified Identity Service Provider (IDSP). You still review the provider's output and confirm it matches the person.
  • Biometric Residence Permits (BRPs) are no longer issued — most migrants now prove status digitally, so the share code is the standard route for them.

Follow-up checks

  • If someone's permission to work is time-limited, you must repeat the check before it expires to keep your statutory excuse. Tenavo schedules this follow-up automatically when you record a time-limited outcome.
  • Where a person has an outstanding application or appeal and can't produce normal evidence, use the Home Office Employer Checking Service.

Records

  • Keep evidence of every check (with the date recorded) for the duration of employment and for two years after the person leaves.
  • Store it securely — Tenavo keeps proof in private, organisation-scoped storage.