An employer's guide to right to work compliance in the UK

Why it matters

An employer found to have employed someone without the right to work, without a valid statutory excuse, can face a civil penalty of up to £60,000 for each illegal worker. Knowingly employing an illegal worker is a criminal offence carrying up to five years' imprisonment and an unlimited fine. Penalised businesses may be named publicly, and sponsor licence holders risk losing their licence.

The three ways to check

• A manual check of original documents from the Home Office's List A or List B, in the presence of the worker.
• An online check using the worker's share code, for those with digital immigration status.
• For British and Irish citizens with a valid passport, a digital check. An employer may use an appropriately registered digital identity service provider for eligible checks, but using a provider does not remove the employer's own responsibilities. The employer must still satisfy itself that the person presenting for work is the person whose identity has been checked and must retain the required evidence of the check.

Keeping your statutory excuse

• Carry out the check before employment starts.
• Keep a clear copy or record of the check for the duration of employment and two years afterwards.
• Diary follow-up checks for workers with time-limited permission.
• Use the Employer Checking Service where a worker has a pending application or appeal.

Current guidance

The Home Office code of practice on preventing illegal working was updated on 1 October 2026. Employers should check that their procedures follow the current version.

Figures checked against GOV.UK and legislation.gov.uk on 3 October 2026. Fees and rules change; always confirm the current position on GOV.UK before applying.