Right to Work Checks in the UK: A Practical Hiring Checklist

The UK right to work check is a legal control, not an HR courtesy. Miss it or do it badly and you risk civil penalties of up to £60,000 per illegal worker, delays to start dates, and sponsor licence scrutiny. Use this practical checklist to move fast, document every step, and maintain a statutory excuse you can evidence in any audit.

Practical right to work checklist

1. Choose the correct route early. Confirm whether the person is a British or Irish citizen with a valid passport or Irish passport card, holds an eVisa with a share code, has a Biometric Residence Permit (BRP), or requires a manual check under list A or list B. This prevents rework and avoids the wrong process.
2. Ask every candidate for evidence at the same stage. Apply the request consistently to avoid discrimination. For online checks, ask: “Please share a Home Office right to work share code and your date of birth.” For British or Irish citizens, ask for a valid passport or Irish passport card. If names differ across documents, request evidence of the change.
3. Complete checks before day one. You only obtain a statutory excuse if the check is completed before employment starts. Build this into offer and onboarding timelines.
4. Verify likeness correctly. For manual checks, the candidate must be physically present with original documents. For Home Office online checks or IDVT, you may compare the person to the photograph via live video or in person. Record that the likeness was confirmed.
5. Validate document integrity. Inspect security features on passports (holograms, microtext, machine‑readable zone), confirm details match other records, and look for tampering. If uncertain, seek a Positive Verification Notice through the Employer Checking Service (ECS) before the start date.
6. Use IDVT only when eligible. Identity Document Validation Technology is permitted for British and Irish citizens with a valid passport or Irish passport card, via a certified Identity Service Provider (IDSP). Do not use IDVT for non‑eligible documents or expired passports.
7. Capture clear, auditable evidence. Keep an unalterable copy of the passport image page or the Home Office online check result that shows the person’s photo and permission to work. Annotate with: date of check (DD/MM/YYYY), full name of checker, method used (manual, online, IDVT), and “likeness confirmed.” Copies should be complete and legible; for passports, copy the biodata page and any relevant endorsements.
8. Schedule follow‑ups for time‑limited permission. If the person’s permission expires, diarise a repeat check on or before the expiry date. For ECS Positive Verification Notices, note that the statutory excuse is time‑limited and typically lasts 6 months from the PVN date.
9. Train hiring managers. Provide a one‑page guide with examples of acceptable evidence, what to record, and how to escalate doubts. Run short refreshers each quarter.
10. Keep pre‑screening separate from right to work. Shortlist on skills and criteria first. Run right to work as its own control with a clean audit trail. Record who did what and when.
11. Retain records correctly. Store evidence securely for the duration of employment plus two years after it ends. Restrict access and enforce deletion at the end of retention.
12. Audit every month. Randomly sample at least 5 hires or 5% of recent starters, confirm the correct route was used, evidence is on file, rechecks are diarised, and gaps are remediated with documented actions.

What to check, by route

British and Irish citizens. A valid British or Irish passport or an Irish passport card is sufficient. You may use a certified IDSP to run IDVT on these documents, but the employer remains responsible for the decision and the record. If a British or Irish passport is not available, follow the Home Office list A manual document routes (for example, a full UK birth certificate plus acceptable evidence of National Insurance) and take originals in the candidate’s presence.

Non‑British and non‑Irish citizens with an eVisa, BRP or under the EU Settlement Scheme. Use the Home Office online service. Ask for the 9‑character share code and date of birth, view the result, confirm the photo matches the person you are hiring, check any restrictions, and save the profile page or PDF that shows the permission to work and expiry if applicable. Physical BRPs and Biometric Residence Cards are no longer acceptable as standalone evidence; always rely on the online check.

Manual checks when online is not available. See the Home Office list A (continuous statutory excuse) and list B (time‑limited) documents. Inspect originals with the candidate physically present, copy in a format that cannot be edited, date and sign the copy, and note that likeness was verified. Where the individual presents a Certificate of Application, has an outstanding application or appeal, or otherwise cannot show acceptable documents, contact the Employer Checking Service and obtain a Positive Verification Notice before allowing work. A PVN provides a time‑limited statutory excuse, typically for six months.

Name and identity consistency. If names differ across documents, obtain and keep evidence of the change, such as a marriage certificate or deed poll. Ensure dates of birth and photographs are consistent with other onboarding records.

Using IDVT and certified providers

IDVT can speed up checks for British and Irish citizens, but controls must be clear.

• Eligibility. Only British and Irish passports or Irish passport cards that are valid can be checked with IDVT. Do not use IDVT for visas, BRPs, non‑UK/Irish passports, or manual document sets.
• Certified IDSPs. Use an IDSP that is certified against the required standards. Document your approved provider list and when IDVT is permitted.
• Likeness remains your job. Even with IDVT, you must confirm that the person presenting for work is the document holder, in person or via live video. Record who performed the likeness check and when.
• What to retain. Keep the IDVT report, the image checked, the check date, the result, and the name of the person who confirmed likeness. If IDVT returns an inconclusive result, escalate to a manual or online Home Office check before the start date.

Timing, record‑keeping, and audit controls

Before employment starts. Build right to work checks into the offer workflow with a clear deadline. Record method (manual, online, IDVT), checker name, date, and any restrictions identified.

Evidence quality. For online checks, retain the official profile page or PDF showing the candidate’s photo and permission. For manual checks, copy the biodata page and any relevant visa or endorsement pages in full and legible quality. Annotate copies with the check date and initials. Store read‑only versions in a secure folder.

Security and retention. Restrict access to a small, trained group. Enable access logs where possible. Retain records for the duration of employment plus two years, then delete on schedule. Document any remediation if you discover a gap, complete the missing step where permitted, and update templates and training to stop recurrence.

Follow‑up automation. For time‑limited permission, create calendar entries or HRIS reminders for rechecks at least 28 days before expiry. For ECS PVNs, schedule the recheck before the PVN lapses.

Sponsor licence discipline. If you are a licensed sponsor, ensure the right to work framework, record‑keeping, and follow‑up controls align with sponsor duties. Keep audit notes showing how you verified conditions and tracked expiries.

Where AI screening fits and how to enable your team

Right to work is a legal checkpoint. Do not rank or reject candidates on this basis during pre‑screening. Use AI to accelerate shortlisting on skills, then invest the saved time into meticulous right to work checks.

Marxel is AI CV screening for teams that need speed with evidence. Upload a role profile and past hiring signals. Marxel runs automated candidate shortlisting across large resume batches and produces an explainable, auditable shortlist with reviewer actions and timestamps. Role‑based access, exportable logs, and configurable retention help you prove GDPR‑compliant processing without friction.

Enable consistency with simple tools. Issue a one‑page template with fields for candidate name, route used, document type, restrictions, check date, checker name, likeness confirmed, follow‑up needed, evidence link, and storage location. In training, record two five‑minute walkthroughs: a correct Home Office online check and a correct IDVT case. If you want quick explainer clips without putting someone on camera, a Faceless TikTok video maker can turn a script or a web page into on‑brand short videos with visuals, voiceover, and MP4 export so teams absorb the process the same way every time.

Key takeaways

• Pick the right route early and finish the check before day one to secure a statutory excuse.
• Use IDVT only for eligible British and Irish passports and always confirm likeness.
• Keep legible, dated evidence with the method used and who checked; schedule rechecks for time‑limited status.
• Separate skills pre‑screening from right to work and audit monthly with documented remediation.
• Use tools like Marxel for explainable shortlists and simple templates to standardise training and records.