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 11 · in force: unknown

Captured source text (L5)

References

| ‘Employer’ means a person who employs an individual; | | | | | --- | --- | --- | --- | | | | | | | | | • under a contract of employment (a contract of service or apprenticeship). | | | | | | | | | | • under a worker’s contract. | | | | | | | | | | • as an individual sub-contractor, or | | | | | | | | | | • when operating as an online matching service providing the details of an | | | | | individual who is a service provider to potential clients or customers. | | | | | | | | In the context of this guidance, the definition of ‘employer’ is in relation to the Right to | | | | | Work Scheme only. | | | | | | | | | | References to ‘employment’ or ‘employ’ include the types of working arrangements | | | | | described and references to a ‘contract’ include a contract that is express or implied, | | | | | and whether oral or in writing. | | | | | | | | |
• under a worker’s contract.
Where specified elsewhere in this guidance, references to an employer may include any other person who is liable for a civil penalty under the relevant legislation.
‘Employer Checking Service (ECS)’ refers to the enquiry and advice service operated by the Home Office that employers are required to contact in certain
8 circumstances to check whether an individual is allowed to work in the UK and, if so, the nature of any restrictions on that individual’s right to do so. ‘EU Settlement Scheme (EUSS)’. The EUSS provides a basis for European Economic Area (EEA) and Swiss citizens resident in the UK by 31 December 2020, and their eligible family members, to apply for the UK immigration status which they require to remain here.
‘eVisa’ is an online record provided by the Home Office of an individual’s immigration status and the conditions of their permission to enter or stay in the UK. ‘Facial recognition technology’ is a digital system that identifies or verifies individuals by analysing the unique features of their face.
‘Home Office online right to work checking service’ means the online system allowing employers to check whether an individual is allowed to work in the UK and, if so, the nature of any restrictions on that individual’s right to do so. For the avoidance of doubt, this system is accessible to employers on the check a job applicant's right to work: use their share code page. No other online portal relating to immigration status may be used for right to work checking purposes.
‘Immigration permission’ (also known as ‘leave’) should be read as ‘Permission to Enter/Leave to Enter or Permission to Stay/Leave to Remain. ‘Individual sub-contractor’ means an individual who has entered into a contract with a person to provide work or services, in circumstances where that other person has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but the individual has not.
‘Joining Family Member' is an individual of any nationality (including EEA) who was not themselves resident in the UK by 31 December 2020 but is joining an EEA national or relevant sponsor in the UK who either holds EUSS status or, in limited circumstances, would be eligible for EUSS status if they applied.
‘Leave to Enter’ or ‘Leave to Remain’ see ‘Permission to Enter’ and ‘Permission to Stay’.
‘Negative Verification Notice (NVN)’ is a negative confirmation that an individual does not have the right to work from the ECS. If an employer receives an NVN, but continues to employ this individual, the employer will not have a statutory excuse and may be liable for a civil penalty or be committing a criminal offence. ‘Non-EEA citizens’ means the citizens of countries outside the EEA (Countries in the EU and EEA - GOV.UK).
‘Online matching service’ means a person who, in the course of a business:
(a)keeps a register of service providers for the purpose of matching them with potential clients or customers.
9 (b) provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers and
Full captured verbatim text
| ‘Employer’ means a person who employs an individual; | | | |
| --- | --- | --- | --- |
| | | | |
| | | • under a contract of employment (a contract of service or apprenticeship). | |
| | | | |
| | | • under a worker’s contract. | |
| | | | |
| | | • as an individual sub-contractor, or | |
| | | | |
| | | • when operating as an online matching service providing the details of an | |
| | | individual who is a service provider to potential clients or customers. | |
| | | | |
| In the context of this guidance, the definition of ‘employer’ is in relation to the Right to | | | |
| Work Scheme only. | | | |
| | | | |
| References to ‘employment’ or ‘employ’ include the types of working arrangements | | | |
| described and references to a ‘contract’ include a contract that is express or implied, | | | |
| and whether oral or in writing. | | | |
| | | | |

• under a worker’s contract.

Where specified elsewhere in this guidance, references to an employer may include
any other person who is liable for a civil penalty under the relevant legislation.

‘Employer Checking Service (ECS)’ refers to the enquiry and advice service
operated by the Home Office that employers are required to contact in certain

8

circumstances to check whether an individual is allowed to work in the UK and, if so,
the nature of any restrictions on that individual’s right to do so.
‘EU Settlement Scheme (EUSS)’. The EUSS provides a basis for European
Economic Area (EEA) and Swiss citizens resident in the UK by 31 December 2020,
and their eligible family members, to apply for the UK immigration status which they
require to remain here.

‘eVisa’ is an online record provided by the Home Office of an individual’s immigration
status and the conditions of their permission to enter or stay in the UK.
‘Facial recognition technology’ is a digital system that identifies or verifies
individuals by analysing the unique features of their face.

‘Home Office online right to work checking service’ means the online system
allowing employers to check whether an individual is allowed to work in the UK and, if
so, the nature of any restrictions on that individual’s right to do so. For the avoidance
of doubt, this system is accessible to employers on the check a job applicant's right to
work: use their share code page. No other online portal relating to immigration status
may be used for right to work checking purposes.

‘Immigration permission’ (also known as ‘leave’) should be read as ‘Permission to
Enter/Leave to Enter or Permission to Stay/Leave to Remain.
‘Individual sub-contractor’ means an individual who has entered into a contract with
a person to provide work or services, in circumstances where that other person has
entered into a contract with a third party to provide, or arrange for the provision of, the
work or services but the individual has not.

‘Joining Family Member' is an individual of any nationality (including EEA) who was
not themselves resident in the UK by 31 December 2020 but is joining an EEA national
or relevant sponsor in the UK who either holds EUSS status or, in limited
circumstances, would be eligible for EUSS status if they applied.

‘Leave to Enter’ or ‘Leave to Remain’ see ‘Permission to Enter’ and ‘Permission to
Stay’.

‘Negative Verification Notice (NVN)’ is a negative confirmation that an individual
does not have the right to work from the ECS. If an employer receives an NVN, but
continues to employ this individual, the employer will not have a statutory excuse and
may be liable for a civil penalty or be committing a criminal offence.
‘Non-EEA citizens’ means the citizens of countries outside the EEA (Countries in the
EU and EEA - GOV.UK).

‘Online matching service’ means a person who, in the course of a business:

(a) keeps a register of service providers for the purpose of matching them with
potential clients or customers.

9

(b) provides an online service by which potential clients or customers can submit
enquiries for the purpose of being matched with suitable service providers and

What this provision means

Model summary, checked against the text on the left.

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

Definitions of employer, online matching service, Employer Checking Service, and Home Office online right to work checking service.

| ‘Employer’ means a person who employs an individual; | | | | | --- | --- | --- | --- | | | | | | | | | • under a contract of employment (a contract of service or apprenticeship). | | | | | | | | | | • under a worker’s contract. | | | | | | | | | | • as an individual sub-contractor, or | | | | | | | | | | • when operating as an online matching service providing the details of an | | | | | individual who is a service provider to potential clients or customers. | | | | | | | | In the context of this guidance, the definition of ‘employer’ is in relation to the Right to | | | | | Work Scheme only. | | | | | | | | | | References to ‘employment’ or ‘employ’ include the types of working arrangements | | | | | described and references to a ‘contract’ include a contract that is express or implied, | | | | | and whether oral or in writing. | | | | | | | | |
8 circumstances to check whether an individual is allowed to work in the UK and, if so, the nature of any restrictions on that individual’s right to do so. ‘EU Settlement Scheme (EUSS)’. The EUSS provides a basis for European Economic Area (EEA) and Swiss citizens resident in the UK by 31 December 2020, and their eligible family members, to apply for the UK immigration status which they require to remain here.
‘Home Office online right to work checking service’ means the online system allowing employers to check whether an individual is allowed to work in the UK and, if so, the nature of any restrictions on that individual’s right to do so. For the avoidance of doubt, this system is accessible to employers on the check a job applicant's right to work: use their share code page. No other online portal relating to immigration status may be used for right to work checking purposes.
An employer includes a person employing an individual under an employment or worker contract, as an individual sub-contractor, or as an online matching service. Employers must contact the Home Office Employer Checking Service in specified circumstances; receiving a Negative Verification Notice deprives the employer of a statutory excuse if employment continues. The Home Office online right to work checking service is the sole authorized online portal for right to work checking.
checks.right_to_workidentity_proofing.biometric_liveness

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Part summaries

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Verification findings (273)

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synthesis coverage: missing/unverified L2 3-application-to-non-direct

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synthesis coverage: missing/unverified L2 contractual-arrangements

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synthesis coverage: missing/unverified L2 extended-liability

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synthesis coverage: missing/unverified L2 when-extended-liability-may-apply

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synthesis coverage: missing/unverified L2 extended-liability-in-a-chain-of-contracts

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synthesis coverage: missing/unverified L2 factors-the-home-office-may-consider

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synthesis coverage: missing/unverified L2 how-to-establish-a-statutory-excuse-against-extended-liability

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synthesis coverage: missing/unverified L2 1-contractual-terms-and-conditions-written-statement

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-86

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

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synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-89

synthesis coverage: missing/unverified L2 2-substitution-controls

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synthesis coverage: missing/unverified L2 where-substitution-is-not-permitted-but-occurs-anyway

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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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-4-when-are-follow-up-checks

synthesis coverage: missing/unverified L2 required

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synthesis coverage: missing/unverified L2 contacting-the-home-office

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synthesis coverage: missing/unverified L2 illegal-working

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synthesis coverage: missing/unverified L2 closure-notices-and-compliance-orders

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

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synthesis coverage: missing/unverified L2 employer-enquiry-helpline-resolution-centre

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synthesis coverage: missing/unverified L2 reporting-illegal-working

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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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-7-annex-a-lists-of-acceptable

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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-documents-for-manual-right-to-work

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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-114

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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-b-group-1-acceptable-documents-where-a-time-limited

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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

synthesis coverage: missing/unverified L2 remain

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synthesis coverage: missing/unverified L2 list-b-group-2-acceptable-where-a-time-limited-statutory

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-list-b-group-2-acceptable-where-a-time-limited-statutory

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

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synthesis coverage: missing/unverified L2 8-annex-b-employment-of-specific

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-8-annex-b-employment-of-specific

synthesis coverage: missing/unverified L2 categories-of-workers

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-categories-of-workers

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

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-122

synthesis coverage: missing/unverified L2 supplementary-employment

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-123

synthesis coverage: missing/unverified L2 students

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synthesis coverage: missing/unverified L2 work-placements

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synthesis coverage: missing/unverified L2 impact-of-a-change-in-circumstances-on-a-student-s-right-to

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synthesis coverage: missing/unverified L2 work

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synthesis coverage: missing/unverified L2 volunteering-voluntary-work-and-voluntary-fieldwork

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synthesis coverage: missing/unverified L2 9-annex-c-questions-and-answers

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synthesis coverage: missing/unverified L2 scheme

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-132

synthesis coverage: missing/unverified L2 scope

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synthesis coverage: missing/unverified L2 identity-verification-imposter-checks-and-use-of-digital

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synthesis coverage: missing/unverified L2 verification-services

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synthesis coverage: missing/unverified L2 governance-validation-and-organisational-responsibility

synthesis coverage: missing evaluation uk:govuk/right-to-work-employers-guide#employer-s-guide-to-right-to-work-checks-1-october-2026-chunk-137

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 c31a85ba2528739c2b61ae70…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide