Right to Work Check is a legal requirement that cannot be overlooked if you are hiring in the care sector or starting a new role in 2026. It is one of the first compliance steps in the recruitment process and plays a critical role in protecting your organisation, your workforce, and the vulnerable individuals you support.
In the UK, employers must confirm that every employee has permission to work before employment begins. This applies to permanent staff, part-time workers, agency staff, and zero-hour contracts. Failing to complete proper checks can result in significant financial penalties, reputational damage, and regulatory scrutiny.
For care providers, recruitment compliance is closely linked to safeguarding standards and inspection outcomes. Ensuring every new hire has a valid working status supports safe practice and demonstrates responsible workforce management in line with Home Office requirements.
Failing to complete proper checks can lead to serious penalties, including substantial fines and reputational damage. More importantly, it ensures that every member of staff is legally permitted to work in the UK, protecting service users and maintaining high standards of care.
What Is a Right to Work Check?
A Right to Work Check is a mandatory legal process that confirms an individual has permission to work in the UK and identifies any restrictions attached to their immigration status. It is a statutory requirement under the Immigration, Asylum and Nationality Act 2006 and applies to every employer in the UK, regardless of size or sector.
Employers must complete the check before employment begins in order to establish what is known as a statutory excuse. This protects the organisation from civil penalties if it later transpires that an employee did not have valid permission to work, provided the correct process was followed in full.
Why Is It Required?
To be compliant, employers must:
- Obtain original acceptable documents or complete an online status check
- Verify that the documents are genuine and belong to the applicant
- Confirm that photographs and dates of birth are consistent
- Record and securely retain evidence of the check
- Conducting follow-up checks where visas are time-limited
For individuals with digital immigration status, employers must use the Home Office online verification service. Accepting physical documents where a digital check is required does not meet compliance standards.
Failure to complete checks correctly can result in civil penalties. Crucially, the process must be applied consistently to all new starters. Selective checks based on nationality or appearance can lead to discrimination claims under equality legislation.
Who Needs to Complete a Right to Work Check?
Every employer in England, Scotland, Wales, and Northern Ireland must conduct this check before employment begins. This responsibility cannot be delegated to the employee.
This check must be carried out for every person employed in the UK, regardless of nationality, job title, contract type, or working hours. The law does not only apply to foreign workers. This means checks apply to:
- British citizens
- Irish citizens
- EU, EEA and Swiss nationals
- Visa holders and sponsored workers
- Bank & Agency staff and temporary workers
- Part-time, full-time, and zero-hours employees
- Students working limited hours
- Volunteers receiving benefits or allowances
Employers sometimes assume British passport holders do not need verification. In reality, the obligation is universal. The check is not about suspicion.
it is about demonstrating compliance. Completing it correctly provides the statutory excuse that protects the organisation from penalties.
Note: There are no exceptions based on familiarity. A long-standing acquaintance or previous worker returning after a break must still undergo a new check if a statutory excuse is no longer valid.
Follow-up checks: If a worker has time-limited permission to work in the UK, a repeat check must be carried out before the visa expiry date. Failure to conduct follow-up verification removes the employer’s legal protection even if the original check was completed correctly.
The official online checking service for individuals with digital immigration status can be accessed to stay relevant with updates.
Step-by-Step Guide to Completing a Right to Work Check
Carrying out a compliant Right to Working Check involves three prescribed stages:
- Obtain
- Check
- Record
These steps must be followed in the correct order to establish your statutory excuse.
The process may be completed either through a manual document check or via the Home Office online service, depending on the individual’s immigration status.
Step 1 – Obtain Acceptable Documents
Before employment begins, the individual must provide acceptable documentation from the Home Office-approved lists.
These documents fall into two categories:
- List A – Permanent (for example, a British or Irish passport).
- List B – Time-limited (for example, a visa with an expiry date).
If the individual has digital immigration status (such as EU Settlement Scheme status or a Skilled Worker visa), they must provide a shared code. Employers must then complete verification using the online service rather than relying on physical documents.
Document Checklist for Employees
Employees are responsible for providing evidence of staff eligibility. This may include:
- A British or Irish passport
- Share code for digital immigration status
- Biometric residence permit (where applicable)
- Valid visa documentation
A common misunderstanding is that a National Insurance number alone proves eligibility. It does not. Proper documentation or digital confirmation is always required.
This check must be carried out for every person you employ, regardless of nationality, background, or how obvious their eligibility may seem
Step 2 – Check the Documents Carefully
Employers must examine documents in the presence of the individual (either physically or via live video link if permitted under current guidance).
You must confirm:
- The documents appear genuine and unaltered
- Photographs match the applicant
- Dates of birth are consistent across documents
- Names align with other employment records
- Expiry dates have not passed
- Any work restrictions are understood
Where digital status applies, employers must use the Home Office online system rather than accepting physical cards. Simply viewing a screenshot or photocopy does not meet compliance standards.
This stage is not an administrative formality it is active work verification, and errors here are one of the most common causes of civil penalties.
Step 3 – Copy and Retain Records
After checking, employers must:
- Make a clear copy of each document
- Record the date the check was completed
- Store the copy securely
- Retain it for the duration of employment and two years after it ends
Failure to retain evidence invalidates your statutory excuse, even if the individual had permission to work.
Duration to Complete a Right to Work Check
A properly completed Check can often be finalised within minutes, particularly where digital verification is used. Manual document checks typically take less than 30 minutes, provided the individual has supplied valid documentation.
However, delays can occur when:
- An applicant cannot provide acceptable documents
- A visa application is pending approval
- There are discrepancies in names or immigration status
- An online status check returns restrictions requiring clarification
While the process itself is straightforward, the consequences of failing to complete it correctly are significant.
Risks of Non-Compliance
Under current legislation, civil penalties can reach up to:
- Businesses may also face up to £60,000 per illegal worker.
- Criminal liability may apply in serious cases
- Reputational damage that may affect inspection outcomes.
- For employees, it can delay start dates or even result in job offers being withdrawn.
- Loss of Certificate of Sponsor Licence
Meeting employer obligations is not optional. Even administrative oversights, such as failing to retain document copies or missing a follow-up check for a time-limited visa, can remove statutory protection.
How to Maintain Records and Stay Compliant
Completing the initial Right to Work Check is not always the end of the process. Proper record-keeping is just as important as completing it. For care employers, maintaining clear, accessible, and accurate records demonstrates compliance during inspections and protects against penalties.
If you are building or managing a care workforce in 2026, make sure your processes include:
- Documented checks before employment begins
- Secure record retention, whether digital or physical
- Recruitment training for managers
- Maintain a tracking system for visa expiry dates
- Maintain a clear audit trail showing who conducted each check and when, including any digital verification logs.
For example, during a CQC inspection, the inability to show completed checks may be interpreted as non-compliance, even if staff were legally eligible to work. Implementing a structured record management process, care providers can:
- Demonstrate due diligence
- Streamline future recruitment
- Reduce risk of civil penalties
- Protect vulnerable service users
Ready to Empower Your Care Team in 2026
Safe recruitment is more than a formality, and having a Right to Work Check in place is not just about ticking a box; it’s about protecting your service, your staff, and the vulnerable adults or children you care for. Staying on top of these checks ensures your care setting remains fully compliant with UK regulations, avoids costly penalties, and fosters a culture of safety and trust.
And remember, compliance goes beyond documentation, exploring accredited care certifications to advanced management diplomas designed specifically for care professionals and managers. to ensure your staff are not only compliant but confident in delivering quality care.