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

verification services

employer s guide to right to work checks 1 october 2026 chunk 136 · in force: unknown

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verification services

Where a RtW DVSP runs an imposter check through facial recognition technology, must the employer duplicate it?
Employers may rely on the outcome of the prescribed check and are not required to duplicate the identity verification undertaken as part of that process. They may nevertheless maintain proportionate systems and controls appropriate to their operating model to manage the risk of impersonation or other fraudulent activity.
Where an employer uses a RtW DVSP, must a checker annotate or confirm due diligence?
There is no obligation to annotate or confirm due diligence. The employer may rely upon the document examination and identity verification undertaken by the RtW DVSP, but remains responsible for ensuring that the prescribed requirements have been met and that the required steps have been completed.
Can responsibility for carrying out a right to work check be delegated?
An employer may delegate the carrying out of a right to work check to an individual acting on its behalf, provided that individual is acting under the employer’s control and direction and is accountable to the employer.
This principle applies across the different types of right to work check. However, responsibility for ensuring that the check is conducted correctly and in the prescribed manner remains with the employer.
Except for a prescribed check carried out using a registered RtW DVSP, an employer cannot establish a statutory excuse by relying on a check carried out independently by an external third party, such as a recruitment agency or professional adviser.
Can a business engage a RtW DVSP indirectly through a screening or onboarding provider?
Yes. Digital verification services do not need to be procured directly from a registered RtW DVSP, provided the relevant requirements are met. The intermediary must make clear which registered RtW DVSP performed the service and must not misrepresent its registration. The required output must identify the registered RtW DVSP that has been used.
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How can an upstream business in a chain of contracts verify that the individual attending work has undergone a right to work check?
An upstream party may rely on identify verification systems and processes operated by another party in the contractual chain, provided it takes reasonable steps to satisfy itself that the relevant requirements are being met and that those systems operate effectively in practice.
This does not necessarily require the upstream party to repeat the original right to work check. If a “reasonable steps” test applies to identity verification under the extended liability provisions, how will this be assessed?
What amounts to “reasonable steps” will depend on the circumstances of the particular case. This provides flexibility and recognises that contractual and operating arrangements differ. The steps taken should be reasonable and proportionate in the circumstances, and the Code of Practice and supporting guidance do not prescribe a single method or approach.
In assessing whether reasonable steps have been taken consideration will be given to the systems, processes and arrangements put in place to support compliance with the prescribed requirements.
Full captured verbatim text
Where a RtW DVSP runs an imposter check through facial recognition
technology, must the employer duplicate it?

Employers may rely on the outcome of the prescribed check and are not required to
duplicate the identity verification undertaken as part of that process. They may
nevertheless maintain proportionate systems and controls appropriate to their
operating model to manage the risk of impersonation or other fraudulent activity.

Where an employer uses a RtW DVSP, must a checker annotate or confirm due
diligence?

There is no obligation to annotate or confirm due diligence. The employer may rely
upon the document examination and identity verification undertaken by the RtW
DVSP, but remains responsible for ensuring that the prescribed requirements have
been met and that the required steps have been completed.

Can responsibility for carrying out a right to work check be delegated?

An employer may delegate the carrying out of a right to work check to an individual
acting on its behalf, provided that individual is acting under the employer’s control and
direction and is accountable to the employer.

This principle applies across the different types of right to work check. However,
responsibility for ensuring that the check is conducted correctly and in the prescribed
manner remains with the employer.

Except for a prescribed check carried out using a registered RtW DVSP, an employer
cannot establish a statutory excuse by relying on a check carried out independently
by an external third party, such as a recruitment agency or professional adviser.

Can a business engage a RtW DVSP indirectly through a screening or
onboarding provider?

Yes. Digital verification services do not need to be procured directly from a registered
RtW DVSP, provided the relevant requirements are met. The intermediary must make
clear which registered RtW DVSP performed the service and must not misrepresent
its registration. The required output must identify the registered RtW DVSP that has
been used.

78

How can an upstream business in a chain of contracts verify that the individual
attending work has undergone a right to work check?

An upstream party may rely on identify verification systems and processes operated
by another party in the contractual chain, provided it takes reasonable steps to satisfy
itself that the relevant requirements are being met and that those systems operate
effectively in practice.

This does not necessarily require the upstream party to repeat the original right to work
check.
If a “reasonable steps” test applies to identity verification under the extended
liability provisions, how will this be assessed?

What amounts to “reasonable steps” will depend on the circumstances of the particular
case. This provides flexibility and recognises that contractual and operating
arrangements differ. The steps taken should be reasonable and proportionate in the
circumstances, and the Code of Practice and supporting guidance do not prescribe a
single method or approach.

In assessing whether reasonable steps have been taken consideration will be given
to the systems, processes and arrangements put in place to support compliance with
the prescribed requirements.

What this provision means

Model summary, checked against the text on the left.

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

Employers and intermediaries must satisfy prescribed rules when delegating or procuring digital right to work verification services.

Employers may rely on the outcome of the prescribed check and are not required to duplicate the identity verification undertaken as part of that process. They may nevertheless maintain proportionate systems and controls appropriate to their operating model to manage the risk of impersonation or other fraudulent activity.
Except for a prescribed check carried out using a registered RtW DVSP, an employer cannot establish a statutory excuse by relying on a check carried out independently by an external third party, such as a recruitment agency or professional adviser.
Yes. Digital verification services do not need to be procured directly from a registered RtW DVSP, provided the relevant requirements are met. The intermediary must make clear which registered RtW DVSP performed the service and must not misrepresent its registration. The required output must identify the registered RtW DVSP that has been used.
Employers relying on a registered RtW DVSP need not duplicate identity verification or imposter checks, but remain responsible for ensuring prescribed requirements are met. Carrying out a check may be delegated to an individual acting under the employer's control and direction and accountable to the employer. When procured indirectly through an intermediary, the intermediary must identify the registered RtW DVSP used and must not misrepresent its registration. Upstream businesses may rely on contractual chain checks if they take reasonable steps to ensure compliance and effective operation.
checks.right_to_worktrust_framework.dvs_certificationidentity_proofing.biometric_livenessidentity_proofing.data_verificationevidence.audit_trail

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Part summaries

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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
verification services
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 11a7b97ad26acf5a08b0c57a…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide