Employer Right to Work Checks

New rules from 1 October 2026

UK employers must carry out prescribed right to work checks to establish that the people they engage are permitted to do the work in question.

From 1 October 2026, the Right to Work Scheme extends to a wider range of working arrangements, including certain worker contracts, individual subcontractors and online matching services.

UK Visa Plan provides practical employer compliance support to help businesses understand the checking process, organise the required evidence and maintain appropriate right to work records.

ASK ABOUT RIGHT TO WORK SUPPORT

Right to Work Changes from 1 October 2026

Wider range of workers

The Right to Work Scheme no longer concerns only traditional employees. From 1 October 2026, it also applies to specified worker contracts, individual subcontractors and certain online matching service arrangements.

Wider contractual responsibilities

New extended-liability provisions can also affect some contractual chains, online matching arrangements and situations involving substitution.

Updated checking framework

Employers must continue to use the prescribed checking methods and keep appropriate evidence if they want to establish or retain a statutory excuse against a civil penalty.

How Employers Check a Right to Work

Home Office Online Right to Work Check

Workers with an eVisa or other qualifying digital immigration status can normally provide a right to work share code. The employer uses the Home Office online service to check the person's right to work and any restrictions applying to the work.

Manual Document Check

Where permitted, employers can conduct a prescribed manual check using the appropriate original documents and retain the required evidence of that check.

Digital Verification Service

For eligible checks, employers may use a Right to Work Digital Verification Service Provider that is appropriately certified and registered for the relevant right to work service

Home Office Online Right to Work Check

In some circumstances—such as certain outstanding applications, appeals or cases where status cannot be confirmed through the normal online process—the Home Office Employer Checking Service may need to be used.

How UK Visa Plan Can Help Employers

We provide practical support with the administrative and compliance aspects of right to work checking.

  • identify the appropriate checking process from the evidence presented;
  • guide employers through Home Office online right to work checks;
  • assist with share-code and eVisa checking procedures;
  • explain the prescribed manual document-checking process;
  • identify when the Employer Checking Service may be required;
  • review whether right to work records contain the information an employer should retain;
  • help establish systems for workers with time-limited permission;
  • prepare right to work checklists and internal procedures;
  • help employers organise follow-up checks;
  • review existing right to work records for administrative gaps;
  • provide practical support to sponsor licence holders with right to work record keeping; and
  • explain the changes taking effect from 1 October 2026.

How Our Right to Work Support Works

1. Tell Us About the Worker and Role

We establish whether this is a new starter, an existing worker requiring a follow-up check or another working arrangement potentially falling within the Right to Work Scheme.

2. Identify the Checking Route

We identify the practical checking process that appears relevant to the evidence available—for example a Home Office online check, manual document check or use of an appropriate digital verification service.

3. Work Through the Check

We guide the employer through the required steps and help ensure the relevant information and evidence are properly recorded.

4. Record the Evidence

We help the employer organise the right to work record so that the date, evidence and result of the check can be demonstrated later if required.

5. Identify Follow-Up Requirements

Where the worker has a time-limited right to work, we help identify when a further check will be required and what should be retained

6. Flag Issues Requiring Further Advice

If the evidence raises a question that cannot properly be resolved through the prescribed checking process, we will identify that rather than treating an uncertain immigration position as resolved.

Right to Work Checks for Sponsor Licence Holders

Sponsor licence holders must check and retain appropriate evidence of the immigration status of workers they sponsor, regardless of whether the particular working arrangement otherwise falls within the Right to Work Scheme.

Good right to work records therefore form an important part of wider sponsor compliance.

SPONSOR LICENCE SUPPORT

Why Correct Right to Work Checks Matter

A correctly completed prescribed right to work check can provide an employer with a statutory excuse against liability for a civil penalty if a worker is later found to have been working illegally.

Employers who employ someone illegally without having established the required statutory excuse can face a civil penalty of up to £60,000 per illegal worker. More serious cases can also carry criminal and other regulatory consequences.

Right to work checks must also be conducted consistently and without unlawful discrimination. Employers should not make assumptions about someone's right to work based on nationality, appearance, accent, name or other protected characteristics

Employer Responsibility and the Scope of Our Support

UK Visa Plan provides practical employer compliance and administrative support with right to work checking processes.

The employer remains responsible for carrying out the prescribed check correctly and for establishing any statutory excuse against liability for a civil penalty. Using a third party for technical assistance or information gathering does not transfer that responsibility to UK Visa Plan.

Where a certified Right to Work Digital Verification Service Provider is required, the employer must use an appropriately certified and registered provider.

If a case raises a question requiring individual regulated immigration advice rather than employer compliance support, UK Visa Plan will make that clear and will not undertake work outside the lawful scope of its services.

Need Help With Employer Right to Work Checks?

Tell us whether you are checking a new worker, carrying out a follow-up check, reviewing existing records or preparing your business for the rules applying from 1 October 2026.

We can explain what practical support UK Visa Plan may be able to provide.

ASK ABOUT RIGHT TO WORK CHECKS