Watchtower/Law library/Right to work checks: an employer's guide/2. Check
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Right to work checks: an employer's guide · 2. Check

2. Check

employer s guide to right to work checks 1 october 2026 chunk 29 · in force: unknown

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2. Check

When in physical possession of the original documents, employers must:
• check the validity of the documents to ensure they are genuine, have not been tampered with and that the individual presenting them is the rightful holder.
This includes where an employer is presented with official evidence of a worker’s name and National Insurance number (NINo) in a digital format as part of the right to work check. This may be accepted in the form of a screenshot of the document on the individual’s personal device, an email receipt or other electronic submission.
In these circumstances, employers should ensure they are confident that the information belongs to the individual and have familiarised themselves with the format of the digital version of the document. For example, by checking that it appears genuine and originates from a reliable source such as an official government digital service or account. Employers must not request the individual’s password to obtain the information from their personal device.
Further information is available about checking the validity of documents.
• check photographs and dates of birth are consistent across documents and with the individual’s appearance to detect impersonation and imposters.
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Where facial recognition technology is used to complete this element of the check digitally, this must be carried out by a registered RtW DVSP. The RtW DVSP will provide a comparison verifying the facial image from the document and the match to the individual. The employer must provide the worker reasonable opportunity to verify their identity, if the technology is unable to verify the images.
• ensure expiry dates for permission to be in the UK have not passed.
• check any work restrictions to determine the individual is permitted to do the work in question. Employers should refer to requirements for Students who have limited permission to work during term-times.
If the individual is subject to restrictions such as the type of work or job role that can be undertaken or limits on the number of hours they can work, employers must ensure that the employment offered is in line with those restrictions.
• not rely on the inspection of the document via a live video link or by checking a screenshot or scanned copy of the document unless it is official evidence of an individual’s name and NINo in a digital format.
• check the reasons for any differences in names across documents can be explained through supplementary evidence, for example a marriage certificate, divorce decree absolute or deed poll. Employers may choose to retain copies of these documents in order to evidence that they have satisfied themselves of the checking requirements.
Employers should make a report to the Home Office if an individual provides a false document, or a genuine document that does not belong to them. See the Support section of this guidance for more information.
Full captured verbatim text
When in physical possession of the original documents, employers must:

• check the validity of the documents to ensure they are genuine, have not
been tampered with and that the individual presenting them is the rightful
holder.

This includes where an employer is presented with official evidence of a
worker’s name and National Insurance number (NINo) in a digital format as
part of the right to work check. This may be accepted in the form of a
screenshot of the document on the individual’s personal device, an email
receipt or other electronic submission.

In these circumstances, employers should ensure they are confident that
the information belongs to the individual and have familiarised themselves
with the format of the digital version of the document. For example, by
checking that it appears genuine and originates from a reliable source such
as an official government digital service or account. Employers must not
request the individual’s password to obtain the information from their
personal device.

Further information is available about checking the validity of documents.

• check photographs and dates of birth are consistent across documents
and with the individual’s appearance to detect impersonation and
imposters.

20

Where facial recognition technology is used to complete this element of
the check digitally, this must be carried out by a registered RtW DVSP.
The RtW DVSP will provide a comparison verifying the facial image from
the document and the match to the individual. The employer must provide
the worker reasonable opportunity to verify their identity, if the technology
is unable to verify the images.

• ensure expiry dates for permission to be in the UK have not passed.

• check any work restrictions to determine the individual is permitted to do
the work in question. Employers should refer to requirements for Students
who have limited permission to work during term-times.

If the individual is subject to restrictions such as the type of work or job role
that can be undertaken or limits on the number of hours they can work,
employers must ensure that the employment offered is in line with those
restrictions.

• not rely on the inspection of the document via a live video link or by
checking a screenshot or scanned copy of the document unless it is official
evidence of an individual’s name and NINo in a digital format.

• check the reasons for any differences in names across documents can be
explained through supplementary evidence, for example a marriage
certificate, divorce decree absolute or deed poll. Employers may choose
to retain copies of these documents in order to evidence that they have
satisfied themselves of the checking requirements.

Employers should make a report to the Home Office if an individual provides
a false document, or a genuine document that does not belong to them. See
the Support section of this guidance for more information.

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 must check validity, appearance, expiry, and work restrictions of documents, using a registered RtW DVSP if facial recognition is used digitally.

Where facial recognition technology is used to complete this element of the check digitally, this must be carried out by a registered RtW DVSP. The RtW DVSP will provide a comparison verifying the facial image from the document and the match to the individual. The employer must provide the worker reasonable opportunity to verify their identity, if the technology is unable to verify the images.
• not rely on the inspection of the document via a live video link or by checking a screenshot or scanned copy of the document unless it is official evidence of an individual’s name and NINo in a digital format.
• check the reasons for any differences in names across documents can be explained through supplementary evidence, for example a marriage certificate, divorce decree absolute or deed poll. Employers may choose to retain copies of these documents in order to evidence that they have satisfied themselves of the checking requirements.
When holding original documents, employers must check document validity, photograph and date of birth consistency, UK permission expiry dates, and work restrictions against the offered employment. Where facial recognition technology completes the appearance check digitally, it must be carried out by a registered RtW DVSP, who verifies the document image match. Employers must not request an individual's password from their personal device and must not inspect documents via live video link or via screenshots or scanned copies.
checks.right_to_workidentity_proofing.documentidentity_proofing.biometric_liveness

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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 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 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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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
2. Check
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 a4564e4966e8bd335da5531a…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide