Watchtower/Law library/Right to work checks: an employer's guide/References
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Right to work checks: an employer's guide · References

References

employer s guide to right to work checks 1 october 2026 chunk 10 · in force: unknown

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References

‘3C leave’ (Section 3C of the Immigration Act 1971) extends existing immigration permission, and any associated conditions, to a person who makes an ‘in-time’ application to extend their stay in the UK. ‘In-time’ means the application was made 6
before the existing permission expired. The individual will continue to hold 3C leave while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.
‘Breach’ or ‘breaches’ mean that section 15 of the IANA 2006 has been contravened by employing someone who is:
• subject to immigration control, and
• aged 16 and over, and
• not allowed to carry out the work in question because either they have not been granted Leave to Enter or Remain in the UK, or because their Leave to Enter or Remain in the UK:
(i)is invalid,
(ii)has ceased to have effect (meaning it no longer applies) whether by reason of curtailment, revocation, cancellation, passage of time or otherwise, or
(iii)is subject to a condition preventing them from accepting the employment such as not being permitted to work, restrictions on the type of work that can be conducted or limits on the number of hours that can be worked. Individuals working in breach of these conditions will be doing so illegally.
‘Cancelled document’ means a document that is no longer valid and therefore cannot be used to prove a right to work. It may have been replaced by another document. A cancelled passport will have its corner clipped.
‘Certificate of Application’ (CoA)’ is a digital, or non-digital document which individuals can rely on to demonstrate their eligibility to work, rent, and access benefits and services. This document is issued when a valid application is made to the EU Settlement Scheme (EUSS).
‘Civil Penalty Notice’ means a notice given under section 15(2) of the IANA 2006 that requires an employer to pay a penalty of a specified amount.
‘Current document’ means a document that has not expired.
‘Days’ has two separate meanings:
• when referring to the civil penalty scheme – this means calendar days, including Saturdays, Sundays and bank holidays, and
• when referring to the Employer Checking Service – it does not include Saturdays or Sundays, Christmas Day or Good Friday, or any day which is a bank holiday in England.
7 ‘Disqualified from working by reason of their immigration status’ means an individual has:
• not been granted leave to enter or remain in the UK; or
• their leave to enter or remain in the UK:
o is invalid.
o has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise), or
o is subject to a condition preventing the person from doing work of that kind.
‘Document’ means an original document which may include a digital document, where specified.
‘EEA citizen’ means citizens of EEA countries or Switzerland. The EEA countries can be found on GOV.UK and are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
Full captured verbatim text
‘3C leave’ (Section 3C of the Immigration Act 1971) extends existing immigration
permission, and any associated conditions, to a person who makes an ‘in-time’
application to extend their stay in the UK. ‘In-time’ means the application was made
6

before the existing permission expired. The individual will continue to hold 3C leave
while they are awaiting a decision on that application and while any appeal or
administrative review they are entitled to is pending.

‘Breach’ or ‘breaches’ mean that section 15 of the IANA 2006 has been contravened
by employing someone who is:

• subject to immigration control, and

• aged 16 and over, and

• not allowed to carry out the work in question because either they have not been
granted Leave to Enter or Remain in the UK, or because their Leave to Enter
or Remain in the UK:

(i) is invalid,

(ii) has ceased to have effect (meaning it no longer applies) whether by
reason of curtailment, revocation, cancellation, passage of time or
otherwise, or

(iii) is subject to a condition preventing them from accepting the employment
such as not being permitted to work, restrictions on the type of work that
can be conducted or limits on the number of hours that can be worked.
Individuals working in breach of these conditions will be doing so
illegally.

‘Cancelled document’ means a document that is no longer valid and therefore cannot
be used to prove a right to work. It may have been replaced by another document. A
cancelled passport will have its corner clipped.

‘Certificate of Application’ (CoA)’ is a digital, or non-digital document which
individuals can rely on to demonstrate their eligibility to work, rent, and access benefits
and services. This document is issued when a valid application is made to the EU
Settlement Scheme (EUSS).

‘Civil Penalty Notice’ means a notice given under section 15(2) of the IANA 2006
that requires an employer to pay a penalty of a specified amount.

‘Current document’ means a document that has not expired.

‘Days’ has two separate meanings:

• when referring to the civil penalty scheme – this means calendar days, including
Saturdays, Sundays and bank holidays, and

• when referring to the Employer Checking Service – it does not include
Saturdays or Sundays, Christmas Day or Good Friday, or any day which is a
bank holiday in England.

7

‘Disqualified from working by reason of their immigration status’ means an
individual has:

• not been granted leave to enter or remain in the UK; or

• their leave to enter or remain in the UK:

o is invalid.

o has ceased to have effect (whether by reason of curtailment,
revocation, cancellation, passage of time, or otherwise), or

o is subject to a condition preventing the person from doing work of
that kind.

‘Document’ means an original document which may include a digital document, where
specified.

‘EEA citizen’ means citizens of EEA countries or Switzerland. The EEA countries can
be found on GOV.UK and are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and
Sweden.

What this provision means

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Relevance to Signicat: 2/3 · detailed summary (L4) Status: ok · Stored artifact; current recipe verification unavailable

Terms defining section 15 IANA 2006 breaches, civil penalty notices, 3C leave, and disqualified working status.

• not allowed to carry out the work in question because either they have not been granted Leave to Enter or Remain in the UK, or because their Leave to Enter or Remain in the UK:
• when referring to the civil penalty scheme – this means calendar days, including Saturdays, Sundays and bank holidays, and
A breach of section 15 of the IANA 2006 occurs when an employer employs an individual who is subject to immigration control, aged 16 and over, and not allowed to carry out the work because Leave to Enter or Remain has not been granted, is invalid, has ceased to have effect, or is subject to a condition preventing them from accepting the employment. A Civil Penalty Notice under section 15(2) of the IANA 2006 requires an employer to pay a specified penalty amount.
checks.right_to_work

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synthesis coverage: missing/unverified L2 evidence-that-may-be-provided

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synthesis coverage: missing/unverified L2 3-identity-verification

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synthesis coverage: missing/unverified L2 4-when-are-follow-up-checks

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synthesis coverage: missing/unverified L2 preventing-illegal-working-in-licensed-sectors

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synthesis coverage: missing/unverified L2 home-office-training

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synthesis coverage: missing/unverified L2 notification-of-updates-to-the-right-to-work-scheme

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synthesis coverage: missing/unverified L2 support-for-workers

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synthesis coverage: missing/unverified L2 7-annex-a-lists-of-acceptable

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synthesis coverage: missing/unverified L2 documents-for-manual-right-to-work

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synthesis coverage: missing/unverified L2 list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-a-acceptable-documents-to-establish-a-continuous

synthesis coverage: missing/unverified L2 statutory-excuse

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synthesis coverage: missing/unverified L2 list-b-group-1-acceptable-documents-where-a-time-limited

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synthesis coverage: missing/unverified L2 statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

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synthesis coverage: missing/unverified L2 remain

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synthesis coverage: missing/unverified L2 excuse-lasts-for-six-months

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synthesis coverage: missing/unverified L2 sponsored-work-routes

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synthesis coverage: missing/unverified L2 verification-services

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synthesis coverage: missing/unverified L2 enforcement

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synthesis coverage: missing/unverified L2 written-statements-contractual-terms-evidence-and-assurance

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synthesis coverage: missing/unverified L2 substitution

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Instrument tier unavailable

Change history as published

Final employer RTW guidance added for 1 October, · 2026-10-01T08:30:15Z

Updated DRAFT: Employer’s guide to right to work checks. · 2026-09-11T11:06:55Z

The guidance has been updated. · 2026-07-16T13:45:35Z

Updated Welsh version of guidance. · 2025-07-31T16:20:26Z

An accessible version of the guidance has been added. · 2025-07-10T12:10:44Z

This guide has been updated throughout. The most significant updates are a simplification of the content, a revision of terminology and further clarification that expired physical Biometric Residence Permits (BRPs) are not acceptable proof of right to work. · 2025-06-26T09:27:22Z

Updated the employers' guide to right to work checks. A full list of changes can be found in the guidance. · 2025-02-12T12:58:39Z

Added Welsh version of guidance. · 2024-12-23T16:21:21Z

Added an accessible version. · 2024-11-13T15:28:00Z

Employer's guide to right to work checks has been updated. · 2024-09-23T11:39:40Z

An accessible version of this guidance has been added. · 2024-07-02T08:34:56Z

This guidance has been updated throughout. A full list of changes is on page 7. · 2024-06-21T08:30:03Z

Accessible version updated. · 2024-02-09T09:18:10Z

Guidance updated, changes are detailed on page 6. · 2024-02-08T16:18:08Z

Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use. · 2023-10-18T16:39:14Z

The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022. · 2023-03-28T09:05:48Z

Updated to the latest version of the guidance. · 2023-02-28T16:47:10Z

Updated information for employers carrying out right to work checks from 1 October. · 2022-09-27T13:26:25Z

Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks. · 2022-04-27T09:46:34Z

New Ukrainian nationals and right to work checks guide added. · 2022-04-12T16:00:06Z

Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide. · 2022-04-06T13:20:57Z

Added draft version of guidance which will come into force on 6 April 2022. · 2022-03-11T16:20:10Z

Added web version of the employer's guide. · 2022-02-15T08:09:53Z

Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification. · 2022-01-17T16:20:42Z

Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. · 2021-12-17T10:18:18Z

Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process. · 2021-08-31T12:07:50Z

Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. · 2021-07-02T15:42:07Z

Guidance updated with changes to the way EEA citizens evidence their right to work. · 2021-06-18T14:13:30Z

Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2021-03-17T00:15:02Z

Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2020-12-21T11:41:36Z

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process. · 2020-04-06T11:50:05Z

Updated to add 28 January 2019 edition · 2019-01-28T09:02:15Z

Attached updated guidance. · 2018-06-29T10:23:57Z

Updated guidance. · 2017-08-16T15:00:22Z

Updated guidance. · 2016-07-12T10:11:57Z

Updated guidance on right to work checks. · 2015-05-12T15:50:18Z

Updated guide · 2014-12-22T16:13:05Z

Updated right to work document · 2014-12-17T00:00:01Z

added link to new online employer checking service form · 2014-11-24T16:08:21Z

Updated guidance, 28/07/2014. · 2014-07-29T15:55:07Z

First published. · 2014-05-15T23:00:00Z

Pending effects amendments not yet applied to this text

No captured pending effects.

Provenance

Every claim the system makes about this text is traceable to these identifiers.

Instrument
uk:govuk/right-to-work-employers-guide
Part
References
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 d4aed87007b7f1f3d5b4d9a0…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide