Right to work checks affect almost everyone in the world of work, but from two very different angles. If you’re an employer, you need to check that everyone you take on is legally allowed to work in the UK. If you’re an individual, you need to be able to prove your own status, sometimes at short notice, whether that’s for a new job, a new home.
Why Right to Work Has Become Such A Hot Topic
Right to work has rarely been in the spotlight as much as it is now. Home Office enforcement has ramped up significantly over the past couple of years, and the way people prove their immigration status has changed completely.
Illegal working visits are up sharply, more than doubling compared with the two years before and civil penalties for employers have followed the same trend, with over 2,400 issued in 2025 alone and fines totalling more than £130 million. In practice, that means the Home Office is checking up on employers more than ever, and getting it wrong is costing businesses real money.
New rules have also brought flexible and gig-economy work into scope, following a big rise in enforcement in sectors like warehousing, distribution and delivery. If your business operates in one of these sectors, this is something you simply can’t afford to ignore.
At the same time, how people actually prove their status has moved on. Physical documents like biometric residence permits have largely been replaced by eVisas, digital records of your identity and immigration status, accessed through a UKVI account. The Home Office even updated its own guide for employers as recently as July 2026, which tells you how quickly this area keeps moving.
Whichever side you’re on, it’s never been more important to get it right.
What Does “Right to Work” Actually Mean?
Right to work is the legal requirement that anyone working in the UK has permission to do so. If you’re an individual, that means holding a visa, settled status, or another form of immigration permission that lets you work. If you’re an employer, it means checking that permission before someone starts, and keeping evidence that you did the check properly.
Right to Work: A Guide for Employers
What Is a Right to Work Check?
A right to work check is a legal duty on every UK employer, not just those recruiting from overseas. Before someone starts work, you must check and keep evidence that they’re entitled to work in the role you’re offering. That applies to UK nationals just as much as anyone else, because the check is a legal right to work, rather than nationality.
Why Right to Work Checks Matter More Than Ever
With enforcement visits, arrests and penalties all climbing, employers are under closer scrutiny than they’ve been in years. Get it wrong and you could face a civil penalty of up to £60,000 for each illegal worker: £45,000 for a first breach, rising to £60,000 if it happens again. On top of the fine, your business’s details can be published as a warning to others, and if you knowingly employ someone without the right to work, you could even face prosecution and up to five years in prison.
How to Carry Out a Compliant Check
Employers can carry out a manual document check, use the Home Office’s online right to work checking service, or use Identity Document Validation Technology (IDVT) through a certified provider for eligible British and Irish citizens. Which one an employer uses depends on the documents your prospective employee holds, and getting this step wrong is one of the most common compliance issues we see. Business immigration lawyers can tell you exactly which check applies to your situation and help you build it into your recruitment process, so it just becomes part of how you hire.
Common Mistakes Employers Make
The mistakes we see time and again: checks carried out after someone’s already started work rather than before, follow-up checks not being diarised for employees with time-limited permission to work, and record-keeping that’s patchy or inconsistent. Even an honest mistake can leave you exposed if you can’t later show the check was done properly.
What Happens If You Get It Wrong?
Get a check wrong, or miss one altogether, and you could be looking at a civil penalty, damage to your reputation, and, if you hold a sponsor licence, action against that too. Employers should seek advice on sponsor licence compliance when preparing for a Home Office compliance visit, responding to concerns, or dealing with a licence that’s already been suspended or downgraded. Right to work issues often overlap with employment law too, covering dismissal, contracts and HR processes, which is where our immigration HR solicitors come in.
Right to Work: A Guide for Individuals
How Do I Prove My Right to Work?
Most people now prove their right to work digitally rather than with a physical document. If your visa or immigration status was granted since the eVisa rollout, you’ll typically generate a share code from your UKVI account, which your employer can use to verify your status online. If you’re a British or Irish citizen, you can usually rely on your passport, or in some cases an IDVT check through a certified provider.
What If I Don’t Have the Right Documents?
The move from physical documents, like biometric residence permits, to eVisas has left a lot of people confused, especially if you’ve held a physical document for years and aren’t sure how the change affects you. If you’re unsure what evidence to use, or you’re struggling to access your UKVI account, get advice early rather than risking delays with a new employer or landlord. Personal immigration solicitors can help you work out exactly what applies to you.
What If My Right to Work Is Refused or Queried?
If an employer tells you a right to work check hasn’t gone through, or the Home Office queries your status, try not to assume the worst. There’s often a simple explanation, such as an outstanding application or appeal, which can sometimes be sorted through a Positive Verification Notice from the Home Office’s Employer Checking Service. Other times, it’s more complicated and needs a proper look at your immigration history. Either way, it’s worth speaking to your lawyer who can help you understand your options and, if needed, talk to your employer or the Home Office on your behalf.
Why Get Advice on Right to Work Issues?
Right to work problems rarely sort themselves out, and waiting can affect both sides, not just for the individual.
For employers, a gap in your compliance can turn into a civil penalty or licence action.
For individuals, difficulty proving your right to work can put a job offer, a tenancy, or an application for further permission to stay at risk. Getting advice early, before things escalate, is almost always the easier route.
How Truth Legal Can Help
Whether you’re an employer trying to get your right to work processes right, or an individual who needs help proving or understanding your status, our team can advise you clearly and directly.
How We Can Help Businesses
For businesses, we advise on right to work checks, sponsor licence compliance and the wider business immigration picture, including Skilled Worker sponsor licence applications and the employment law issues that can sit alongside them. We also offer a mock audit package, checking the areas the Home Office is most likely to inspect so you can prepare with confidence.
How We Can Help Individuals
For individuals, we advise on proving your status, resolving queries with an employer or the Home Office, and the wider range of personal immigration matters that can come up alongside a right to work issue.
Whichever side of the conversation you’re on, the rules are getting stricter, the checks are getting more digital, and the consequences of getting it wrong are getting more serious. At Truth Legal, our immigration team, led by Louis MacWilliam, gives clear, practical advice without the jargon, for employers and individuals alike, so you know exactly where you stand and what to do next. Complete our contact form or call 0330 314 1300 to speak to our team.
Our sponsor licence compliance webinar series continues on Thursday 17 September with Louis MacWilliam covering Right to Work Checks: Avoidable Mistakes That Lead to Revocation.
This is followed by sessions on SMS Reporting: What You Must Report and What Providers Miss on 1 October and Home Office Compliance Action: Visits, Investigations and How to Respond on 15 October. Reserve your spot here
FAQs
What documents count as valid right to work evidence?
It depends on your immigration status. Many people now use an eVisa, accessed through a UKVI account, to generate a share code for their employer. British and Irish citizens can usually use a passport. Older biometric residence permits may still apply in some situations. If you’re not sure which applies to you, get advice before you start a new job.
Do employers need to check right to work for UK nationals?
Yes. Right to work checks apply to every new employee, regardless of nationality. The check confirms that someone is entitled to work in the role offered, not simply where they are from. Employers who only check overseas workers risk both non-compliance and, potentially, discrimination claims.
What is an eVisa and do I need one?
An eVisa is a digital record of your identity and immigration status, replacing physical documents such as biometric residence permits for most people. If you hold immigration permission in the UK, you’ll usually need a UKVI account to access it and prove your status to an employer, landlord or other organisation.
What’s the penalty for employing someone without the right to work?
Employers found liable can face a civil penalty of up to £60,000 for each illegal worker, rising from £45,000 for a first breach. If you knowingly employ someone without the right to work, criminal penalties, including imprisonment, can also apply. Carrying out compliant checks is the best way to reduce this risk
Can Truth Legal help if a right to work check has already gone wrong?
Yes. We advise employers who have missed a check, carried one out incorrectly, or are facing a Home Office compliance visit or civil penalty. Early advice can help you understand your position and respond appropriately, whether that means challenging a penalty or putting stronger systems in place going forward.
What should I do if my right to work is questioned?
Try not to panic. There may be a straightforward explanation, such as an outstanding application. Speak to your employer to understand what has been queried, and consider getting advice if the issue is unclear or affects a job offer. We can help you understand your status and the best way to resolve the query.
