Right-to-work checks in 2026: eVisas, share codes and the statutory excuse

Every employer must check that every new employee has the right to work in the UK before they start, and keep evidence of the check. Done correctly, the check gives you a "statutory excuse" against a civil penalty if the person turns out not to have the right. Done incorrectly, or not at all, the penalty is up to £60,000 per worker.

The three ways to check

1. Online check with a share code for anyone with an eVisa, a BRP, a BRC, or EU settled or pre-settled status. The worker generates a share code at gov.uk/prove-right-to-work (it starts with W and lasts 90 days); you enter it with their date of birth at gov.uk/view-right-to-work, check the photo matches the person, and save the result page.
2. Manual document check for British and Irish citizens showing a passport (or a certificate of naturalisation, birth certificate plus NI evidence, and the other documents on List A and B). Check the original, copy it, date and sign the copy.
3. Identity Service Provider (IDVT) check for British and Irish passport holders, where a certified provider verifies the passport digitally.

Since the end of 2024, biometric residence permits are no longer accepted as proof, even if the card has not expired. Ask for a share code.

When to check

• Before the first day of work, every time, including for students, agency workers you employ directly, and existing staff moving to a new contract with you.
• Follow-up checks for anyone with time-limited permission, before it expires. Students on a Student visa, Graduate visa holders and Skilled Workers all have end dates; put them in the calendar.
• Students: you must also hold evidence of term dates to show you are respecting the 20-hour term-time limit (10 hours below degree level). The university's published term dates are enough.

What to keep

The online check result page (PDF or screenshot), or the signed dated copy of documents, for the whole employment plus two years. Store it with the term-date evidence for students.

Common mistakes

• Accepting a photo of a document, a screenshot sent by the candidate, or a BRP.
• Checking after the start date.
• Not checking the photo on the online result against the person in front of you (or on a video call).
• Missing the expiry date and continuing to employ someone whose permission lapsed. If they applied to extend in time, the Employer Checking Service can confirm ongoing permission.
• Assuming an EU passport is enough. EU citizens need settled or pre-settled status or a visa, unless Irish.

Penalties

Civil penalty of up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches, plus, for sponsors, likely loss of the licence. Knowingly employing someone without the right to work is a criminal offence.

In AnyRoot

Employer accounts see each hire's share code with its expiry, get reminders before time-limited permission runs out, and store the check evidence against the hire record so an audit takes minutes. See employer services.