Right to work checks: an employer's guide · Preventing illegal working in licensed sectors

Preventing illegal working in licensed sectors

employer s guide to right to work checks 1 october 2026 chunk 102 · in force: unknown

Captured source text (L5)

Preventing illegal working in licensed sectors

The 2016 Act amended existing licensing regimes in high-risk sectors of the economy (private hire vehicles and the taxi sector as well as the alcohol and late-night refreshment sector). When considering applications for licences in these sectors, licensing authorities carry out right to work checks as prescribed in the Licencing authority guide to right to work checks. This is because they are under a duty not to issue licences to individuals who are disqualified from holding them due to their immigration status.

Where the holder of a licence breaches immigration laws or receives a civil penalty, this will be grounds for licensing authorities to review, suspend or revoke a licence. In the case of licences for sale and supply of alcohol and late-night refreshments, the Home Office, as a responsible authority under the Licensing Act 2003, receives a copy of these applications and may make representations to the relevant licensing authority when it is believed that to grant a licence, it will be prejudicial to preventing immigration crime and illegal working in licensed premises.

Immigration Enforcement have the same power of entry as licensing enforcement officers to facilitate joint operations and inspections for immigration offences in England and Wales in relation to the licensable activity. Equivalent provisions in regulations will be considered for Scotland and Northern Ireland.

Full captured verbatim text

The 2016 Act amended existing licensing regimes in high-risk sectors of the economy
(private hire vehicles and the taxi sector as well as the alcohol and late-night
refreshment sector). When considering applications for licences in these sectors,
licensing authorities carry out right to work checks as prescribed in the Licencing
authority guide to right to work checks. This is because they are under a duty not to
issue licences to individuals who are disqualified from holding them due to their
immigration status.

Where the holder of a licence breaches immigration laws or receives a civil penalty,
this will be grounds for licensing authorities to review, suspend or revoke a licence. In
the case of licences for sale and supply of alcohol and late-night refreshments, the
Home Office, as a responsible authority under the Licensing Act 2003, receives a copy
of these applications and may make representations to the relevant licensing authority
when it is believed that to grant a licence, it will be prejudicial to preventing immigration
crime and illegal working in licensed premises.

Immigration Enforcement have the same power of entry as licensing enforcement
officers to facilitate joint operations and inspections for immigration offences in
England and Wales in relation to the licensable activity. Equivalent provisions in
regulations will be considered for Scotland and Northern Ireland.

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What this provision means

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Relevance to Signicat: 2/3 · detailed summary (L4) Status: not needed for a short provision · Stored artifact; current recipe verification unavailable

Licensing authorities must conduct right to work checks and refuse licences to individuals disqualified by immigration status.

Only the one-line summary above is stored for this provision; the text itself is the evidence.

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Referred to by

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Part summaries

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L1 unavailable for current verification: the overall summary needs every part verified. Provisions and the verified summaries remain readable.

Verification findings (273)

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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: Preventing illegal working in licensed sectors
Version: 47492d45c85668bb5f9c734b…
Content hash: sha256 35eb7c96da6ef1d2f27325fa…
Source: gov.uk/government/publications/right-to-work-checks-employers-guide