Last Updated on March 21, 2026 by James Hartley
⚖️ EMPLOYER RISK: £20,000 per illegal worker from Feb 2024 — Deel HR automates right to work document storage and 30-day expiry alerts. ThriveOnz360 member pricing available.
UK right to work 2026: Every UK employer must verify every employee’s right to work before employment starts under the Immigration, Asylum and Nationality Act 2006. The civil penalty increased to £20,000 per illegal worker in February 2024 (up from £15,000). There are three check methods: (1) manual document check — original passport or BRP physically verified in person; (2) online share code — employee generates code at gov.uk, employer verifies at gov.uk/view-right-to-work; (3) IDVT digital verification — certified provider for remote hires. List A documents (British/Irish passport, settled status share code) require a one-time check only. List B documents (pre-settled status, Skilled Worker/Student/Graduate visas) expire and require follow-up checks before expiry. The single most common 2026 mistake: accepting an EU passport without a share code — EU passports have not proved right to work since 1 July 2021. A compliant check takes 10–15 minutes and creates full statutory defence. Deel HR automates document storage and sends expiry alerts 30 days before List B documents expire.
⚠️ UK Right to Work · £20,000 Per-Worker Penalty · List A/B · Share Codes · IDVT · 2026
UK Right to Work 2026: Complete Guide for Employers — Manual Checks, Share Codes, and Digital Verification
The £20,000 per-worker civil penalty, List A vs List B documents, online share codes, IDVT digital checks, Student visa restrictions, Section 3C leave, TUPE retrospective checks, BRP expiry, and how to automate expiry tracking with Deel HR.
How One Missed Check Becomes a £60,000 Nightmare
- New employee starts Monday. Friday: “Did I check right to work?”
- Photocopy passport, no date, file away. Home Office spot check 3 months later.
- Result: Non-compliant copy — no statutory defence — £20,000 per worker
- Audit reveals: 2 students over 20hrs/week, 1 expired BRP, 1 contractor risk
- Total exposure: £60,000 penalty + £30,000 legal + 50+ hours remediation
Done Correctly: £0 Risk
✅ Compliant check: 10–15 minutes per employee
✅ Legible copy, dated and signed: full statutory defence
✅ List B expiry tracking: automated 30-day alerts via Deel HR
✅ Share code for EU nationals: not EU passport
Statutory defence: if check was compliant, no penalty — even if employee later found illegal
£20,000
Per illegal worker civil penalty (increased from £15,000 in February 2024). Applies even if check was conducted but non-compliant.
10–15 min
Compliant check per employee — done correctly, creates full statutory defence against penalty even if worker later found illegal.
5 Years
Maximum criminal imprisonment if employer knew or had reasonable cause to believe worker was illegal. Plus unlimited fine and director disqualification.
60 Days
TUPE retrospective check window — must verify all transferred employees within 60 days of transfer date or lose statutory defence.
⚡ Quick Actions — Compliance Tools and Resources
- Deel HR — Right to Work Document Storage + 30-Day Expiry Alerts (ThriveOnz360 Members) → — automated alerts before List B visa expiry, GDPR-compliant UK storage, audit trail for Home Office inspections
- gov.uk Online Right to Work Check → — verify employee share codes (official Home Office service — use this for all EU/EEA/Swiss nationals)
- UK Employment Compliance Pack — Growth Plan (Free) → — Right to Work Checklist, Document Guide, TUPE Template, Penalty Calculator
- Deel Review 2026 — Full Platform Analysis →
- UK PAYE Guide 2026 → — set up payroll once right to work confirmed
- IR35 Guide 2026 → — contractor vs employee determination affects right to work obligations
- UK GDPR Guide 2026 → — right to work documents contain personal data: storage obligations
- Best HR Software for UK Small Business 2026 → — compare HRIS platforms for right to work management
📋 ThriveOnz360 EOR Hub:
Complete UK Employer of Record guide — what EOR is, when you need it, all providers compared, UK PAYE vs EOR, IR35 implications, and a country-by-country cost model. Includes how Deel HR handles right to work tracking for international teams.
Employer of Record UK: Complete Guide 2026 →
Legal Framework: Why This Matters
UK right to work law is governed by the Immigration, Asylum and Nationality Act 2006. Every employer must verify every employee’s right to work before employment starts. There are no exceptions for small businesses, short-term hires, or workers who “seem obviously British.”
For businesses hiring internationally — whether via EOR or directly — right to work overlaps with broader employment law obligations. For a complete breakdown of what an Employer of Record handles vs. what remains your responsibility: UK Employment Law 2026: What EOR Handles For You →
💷 Civil Penalty
£20,000
Per illegal worker (increased from £15,000 in February 2024)
Applies if no check OR check was non-compliant (illegible copy, no date, wrong document)
⚖️ Criminal Prosecution
5 Years
Maximum imprisonment + unlimited fine + director disqualification
Applies if employer knew or had reasonable cause to believe worker was illegal
🛡️ Statutory Defence
Compliant Check
Compliant check = complete protection even if employee later found to be illegal
The compliance procedure IS the protection
Who Must Conduct Right to Work Checks?
✅ “Employer” Includes All Of:
- Limited companies (even 1-person companies hiring first employee)
- Sole traders hiring staff
- Partnerships and LLPs
- Charities and social enterprises
- Public sector: NHS, local authorities, schools
- Recruitment agencies (responsible for workers they supply to clients)
✅ “Employee” Includes All Of:
- Full-time, part-time, zero-hours, casual workers
- Directors taking PAYE salary (paid through payroll = right to work required)
- Volunteers (if receive any payment beyond genuine expenses)
- TUPE-transferred employees (retrospective check within 60 days)
- Fixed-term workers and seasonal staff
⚠️ Contractors: Right to Work Required?
Contractors (self-employed, via limited company) are not legally required to be checked — they’re not employees. However, best practice is to check if any of the following apply:
- Working 30+ hours/week for 3+ months (resembles employment — Home Office may argue disguised employee)
- Inside IR35 determination (deemed employment for tax — see: IR35 Guide 2026 → and IR35 and EOR: How Deel Manages UK Contractor Compliance →)
- High-value contract (£50K+ — worth mitigating the risk)
Deel HR stores contractor right to work documents voluntarily — not legally required, but protects against future challenge if contractor is later deemed an employee. See also: How to Hire Without a UK Entity 2026 →
List A vs List B Documents
| Document List | Right to Work Type | Follow-Up Check? | Examples |
|---|---|---|---|
| List A | Unlimited (permanent) | ❌ No — one-time check only | British passport (current or expired), Irish passport, UK naturalisation certificate, BRP showing indefinite leave to remain, share code showing settled status |
| List B | Limited (time-restricted) | ✅ Yes — follow-up before expiry | Share code showing pre-settled status, BRP with Skilled Worker/Student/Graduate visa, passport with visa vignette showing time-limited leave |
📋 List A: Full Breakdown
Group 1 — British/Irish Citizens:
- British passport (current or expired)
- Irish passport (current or expired)
- Certificate of registration/naturalisation as British citizen
Group 2 — Settled Status (EEA/Swiss):
- Share code showing settled status (EEA citizens must use share code — biometric cards no longer issued)
- Frontier Worker permit
Group 3 — Settled Status (Non-EEA):
- BRP showing indefinite leave to remain/enter
- Passport endorsed with indefinite leave to remain stamp
⏰ List B: Full Breakdown + Follow-Up Triggers
Group 1 — Pre-Settled Status (EEA/Swiss):
- Share code showing pre-settled status (expires 5 years after granted — must recheck before expiry)
Group 2 — Visas (Non-EEA):
- BRP showing Skilled Worker visa (3–5 years)
- Student visa BRP (20 hrs/week term-time limit)
- Graduate visa (2 years unlimited work)
- Skilled Worker dependant visa
Three Methods of Checking Right to Work
Method 1 — Manual Document Check
When: British/Irish passport holders; employees without share codes; employer preference
- Obtain original documents (not scans, not photocopies)
- Verify in person (employee physically present)
- Take clear, legible copy (entire document)
- Date and sign the copy (date of check, name of checker)
- Check photo matches person (reasonable likeness)
- Check date of birth consistent across documents
- Note List B expiry date — set follow-up reminder
- Store securely (encrypted, 2 years post-employment)
Method 2 — Online Share Code
When: EEA/Swiss citizens (settled/pre-settled status); BRC holders; most visa holders
Employee steps:
- Go to: gov.uk/prove-right-to-work
- Sign in to UK Visas and Immigration account
- Generate share code (valid 90 days)
- Provide code + date of birth to employer
Employer steps:
- Go to: gov.uk/view-right-to-work
- Enter share code + date of birth
- View status (unlimited/limited, expiry date)
- Print or save PDF of result — store securely
Method 3 — IDVT Digital Verification
When: Remote employees; high-volume hiring; digital-first HR processes
How it works:
- Engage Home Office-certified IDVT provider (Yoti, Onfido, IDnow, Trulioo, GB Group)
- Employee uploads passport/BRP + selfie via provider app
- Provider verifies (security features + Home Office database checks)
- Provider issues report (verified/not verified)
- Employer stores report (2 years post-employment)
Cost: £2–10 per check. Remote-friendly, faster, full digital audit trail.
❌ Common Manual Check Mistakes (Each Invalidates Your Statutory Defence)
- Photocopy too dark/light — illegible text or photo
- Forgot to date and sign the copy
- Employee provided scanned copy (must be original documents)
- Video call check (COVID adjustment ended October 2022 — must be in-person or IDVT)
- Accepted EU passport without share code (no longer valid post-Brexit)
- No follow-up check on expired List B documents
ThriveOnz360 — Deel HR Partner
Deel HR — Right to Work Storage, Expiry Tracking & EOR for UK Employers
Growth members access member pricing on Deel HR (right to work document storage, automated 30-day expiry alerts, GDPR-compliant UK data storage) and Deel EOR (Employer of Record for UK international hires) — plus the UK Right to Work Verification Checklist, Document Acceptability Guide, TUPE Retrospective Check Template, and Penalty Calculator. Free to join.
Follow-Up Checks: List B Document Expiry
List B documents expire. Employing someone after their permission has lapsed is illegal working — even if you checked correctly at hire. The follow-up check obligation is where most UK employers get caught out.
📅 Follow-Up Check Timeline Example: Skilled Worker Visa
1 Jan 2024
Initial check — BRP showing Skilled Worker visa, expiry 1 Jan 2027
Nov 2026
60-day reminder — prompt employee to apply for visa extension
1 Jan 2027
Visa expires — must have completed follow-up or have Section 3C evidence
Post-renewal
New BRP or share code — conduct follow-up, update file, set next reminder
✅ Section 3C Leave: Employee Can Keep Working While Applying
What it means: If the employee applies for a visa extension before their current visa expires, their leave continues automatically while the application is pending.
Employer’s obligation: Obtain evidence of pending application (Home Office email confirmation, application reference number). Keep copy on file.
Example: Skilled Worker visa expires 1 March. Employee applies 15 February. Application decided 10 April. Employee works legally 1 March – 10 April on Section 3C leave.
❌ What Happens If Section 3C Not Used
Employee applies after visa expires → no Section 3C leave → employee cannot work until new visa granted.
Employee does not renew → right to work expires → employer must stop employment or face £20,000 penalty.
Deel HR sends automated alerts 30 days before List B documents expire — giving sufficient time to prompt renewal before the deadline.
Student Visa Work Restrictions
🎓 Student Visa: 20-Hour Term-Time Limit
| Term Time | Max 20 hours/week |
| Vacations (Christmas, Easter, Summer) | Unlimited hours |
Employer obligations:
- Verify BRP or share code shows “Student” visa
- Ask employee for their academic calendar (term dates vary by institution)
- Track hours worked during term time (rota records)
- Keep evidence of vacation periods (student-provided calendar)
🎓 Graduate Visa: 2 Years Unlimited Work
Introduced 2021. Allows international students to work in UK for 2 years post-study (3 years for PhD) with no work restrictions — any employer, any hours, any sector.
Employer obligations:
- Check BRP or share code shows “Graduate” visa
- Note expiry date (2 years from grant) — List B, follow-up required
- Before expiry: employee may apply for Skilled Worker visa or leave UK
TUPE Transfers: Retrospective Checks
When a business transfers under TUPE (Transfer of Undertakings Protection of Employment Regulations 2006), employees transfer automatically to the new employer. The new employer inherits all compliance obligations — including any right to work failures from the previous employer.
Step 1 — Within 60 Days of TUPE
Request right to work documents from ALL transferred employees. Previous employer often didn’t keep compliant records — assume you’re starting from scratch.
Step 2 — Conduct Full Checks
Conduct compliant manual, share code, or IDVT checks for every employee. Prioritize highest-risk employees immediately. After 60 days, statutory excuse lapses entirely.
Step 3 — Remediate Issues
Employee has expired visa: stop employment or support visa application. All checks compliant: file securely, set List B reminders. Download TUPE template via Growth Access below.
BRP Expiry and the eVisa Transition
🪪 BRP Expiry: Important Distinction
BRP cards expire (10-year physical card validity) even if the underlying immigration status does NOT.
Example: Employee has indefinite leave to remain (unlimited right to work — List A). BRP expires 10 years after issue. BRP expiry does NOT mean status expired. But you must conduct a follow-up check — employee provides new BRP or share code showing ILR continues.
Do not confuse BRP card expiry with visa expiry. Always verify the underlying status via share code when in doubt.
📱 eVisa Transition (From 2025)
UK is transitioning from physical BRP cards to digital eVisas (accessed via UK Visas and Immigration online account).
- BRPs issued until 31 December 2024 for most visa types
- From 2025: new visas issued as eVisas (digital only)
- Employees with eVisas: use online share code (Method 2) for all checks
- Existing BRP holders: continue manual check until BRP expires, then migrate to share code
Action: Update your HR process to accommodate share code checks as default for all new hires from 2025.
Document Storage Requirements
📁 Home Office Storage Requirements
- Store for duration of employment + 2 years after employee leaves
- All copies must be legible (readable text, clear photo)
- All copies must be dated (date of check visible)
- Store securely (locked filing cabinet or encrypted digital)
- Access restricted to HR personnel only
- UK GDPR compliant (right to work documents contain personal data — see: UK GDPR Guide 2026 →)
Deel HR: Automated Right to Work Management
- Employee uploads documents via Deel app (passport, BRP, share code screenshot)
- Expiry tracking: alerts 30 days before List B document expires
- AES-256 encrypted storage — access controlled to HR admins only
- Audit trail: who uploaded, when, who accessed (evidence for Home Office audit)
- UK GDPR compliant: DPA available, ICO registered
- Cost: Included in Deel EOR (£499/month), standalone Deel HR ($8/user/month)
Penalties and Home Office Enforcement
💷 Civil Penalty: £20,000 Per Illegal Worker
Increased from £15,000 in February 2024. Applies if:
- No right to work check conducted
- Check conducted but non-compliant (wrong documents, illegible copy, no date, not stored)
- Initial check done but no follow-up on expired List B document
Repeat offender (within 3 years): Home Office discretion on additional penalties per worker.
⚖️ Criminal Prosecution: Up to 5 Years + Director Liability
Applies if employer knew or had reasonable cause to believe worker was illegal. Indicators include: employee admitted illegal status, obviously forged documents, known pattern of illegal working.
Penalties: Up to 5 years imprisonment + unlimited fine + director disqualification (2–15 years)
Important: Directors can be prosecuted personally. This is not just a company liability.
🏠 Home Office Spot Checks: What Inspectors Look For
- Evidence for ALL employees (not just recent hires)
- Quality of copies (legible, clear photo)
- Date on each copy (proves when check was conducted)
- Follow-up checks for all List B employees
- Secure storage and access controls
- Systemic failures across workforce (escalates investigation)
Your rights: You can request to see a warrant before allowing entry. You can request time (1–2 hours usually allowed) to gather documents. You can have an immigration solicitor present. If systemic failures suspected, engage a solicitor before the inspection concludes.
Landlord Right to Rent (Brief Note for Employers)
🏠 Separate Regime: Immigration Act 2014
Landlords face similar obligations for tenants — checking right to rent before tenancy begins. Penalty: £3,000 per illegal tenant (lower than the employer £20,000, reflecting different levels of immigration control responsibility).
Uses the same share code system: tenant generates code, landlord verifies at gov.uk/view-right-to-work. Some employees ask employers to provide right to work documents for their landlord check — the employee should generate a fresh share code for their landlord where possible.
UK landlords with employment compliance questions often need both right to work (employees) and right to rent (tenants) guidance. Consult a UK immigration solicitor if managing both regimes simultaneously.
Frequently Asked Questions
Can I accept a photocopy or scan of a passport?
No. Must be original documents physically present (manual check) or verified via IDVT-certified provider. Scans, photocopies, email attachments, and photos are NOT acceptable — even high quality ones. The Home Office requires original verification.
Employee has Spanish passport. Can they work in the UK?
Depends entirely on their immigration status post-Brexit. Spanish passport (or any EU passport) alone does NOT prove right to work since 1 July 2021. They must provide a share code showing settled or pre-settled status, or a UK visa. EU passport + no settled status = no right to work.
British employee lost their passport. Can they start work?
Consider an emergency passport (issued 2–3 days). Alternatively, check Home Office guidance on alternative List A documents — UK birth certificate + National Insurance letter may be accepted in some circumstances. Best practice: wait for passport replacement. Do not let employment start without a compliant check.
Student wants to work 25 hours/week. Can I employ them?
Only during vacation periods. During term time, maximum 20 hours/week. Working 25 hours during term time is illegal — £20,000 penalty risk. Request the employee’s academic calendar showing term and vacation dates. Track hours worked during term time in payroll records.
Employee’s visa expires in 2 weeks, applying for extension. Can they keep working?
Yes, if they apply before expiry — Section 3C leave covers them while the application is pending. You need their Home Office confirmation email or application reference number on file. If they apply after expiry, no Section 3C leave applies and they cannot work until a new visa is granted.
We did a TUPE transfer and inherited 50 employees. Must we check all 50?
Yes, within 60 days of the TUPE date. Conduct retrospective checks for all transferred employees — the previous employer may have failed to check properly, and after 60 days you become liable for any illegal workers who continue in employment. Prioritize non-UK nationals and known high-risk cases immediately. Use the TUPE Retrospective Check Template (available via Growth Access).
How does Deel HR help with right to work compliance?
Deel HR automates the three highest-failure-risk areas: (1) document storage — employees upload via app, encrypted, GDPR-compliant; (2) expiry tracking — automated 30-day alerts before any List B document expires; (3) audit trail — who uploaded, when, who accessed. Cost: $8/user/month standalone or included in Deel EOR at £499/month. See: Deel Review UK 2026 → and EOR Hub →
What is the right to rent check and how is it different?
Right to rent (Immigration Act 2014) applies to landlords checking tenants — similar share code system, penalty £3,000 per illegal tenant. Separate legal regime from right to work. Uses the same gov.uk share code system. Employees sometimes ask employers to provide right to work documents for their landlord check — employees should generate a fresh share code for their landlord where possible. Consult a UK immigration solicitor if managing both regimes.
Final Verdict: Getting Right to Work Right
£20,000
Per illegal worker — the risk of not getting this right
15 Minutes
Compliant check per employee — the cost of getting it right
Automated
Deel HR expiry tracking eliminates the “forgot to follow up” failure mode
Right to work compliance is not complex — it just requires discipline. The three most common UK employer failures are: not conducting a check at all (usually with employees who “seem British”), conducting a non-compliant check (illegible copy, no date), and missing follow-up checks on List B document expiry. All three are preventable with a clear process and the right tools.
For UK businesses with international employees, remote hiring, or high turnover, Deel HR automates the storage and expiry tracking components — the parts most likely to be missed. For the full UK employment compliance picture, pair this guide with: UK PAYE Guide 2026, IR35 Guide 2026, IR35 and EOR: How Deel Manages UK Contractor Compliance, and UK GDPR for Small Business 2026.
UK Employment Compliance Resources
Deel HR — Right to Work Storage, Expiry Alerts & UK EOR
Growth members access member pricing on Deel HR plus the full UK Employment Compliance Pack: Right to Work Verification Checklist, Document Acceptability Guide (List A and B visual reference), TUPE Retrospective Check Template, Penalty Calculator, and 30-minute video walkthrough. Free to join — no credit card required.
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Last updated: March 2026. Civil penalty amounts and right to work requirements reflect Home Office guidance current at time of publication (£20,000 per illegal worker from February 2024). Immigration law changes frequently — always verify current requirements at gov.uk or with a qualified UK immigration solicitor. This guide provides general information only and does not constitute legal advice. Employers should seek professional immigration law advice for specific situations, particularly regarding TUPE transfers, complex visa types, and enforcement visits. ThriveOnz360 is a Deel affiliate partner and receives commissions when members use partner links. This does not influence editorial content.
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Former City of London fintech advisor and SME growth strategist with 12 years building lean tech stacks for founders across the UK and Southeast Asia. James has guided 500+ SMEs through software decisions that cut costs and unlock growth — and believes every founder deserves a trusted, independent voice on their side. Every review published on ThriveOnz360 follows the platform’s Editorial Standards — tools are independently assessed against UK-specific criteria including HMRC compliance, GBP pricing, FCA registration, and IR35 implications.