Right to Work Checks: What Employers Need to Know

Right to Work Checks: What Employers Need to Know

Hiring the right person involves much more than reviewing a CV, conducting an interview, and confirming qualifications. Before an employee begins work, employers may also need to establish that the individual is legally permitted to work in the country and under the conditions attached to their immigration or employment status.

This is where Right to Work Checks become an important part of the hiring process.

For employers in the UK, Right to Work Checks are used to establish that an individual is not disqualified from carrying out the work in question because of their immigration status. The check needs to be completed using the prescribed process and, where applicable, followed up when an individual's permission to work is time-limited.

However, Right to Work verification is not the same as a standard identity check, and it is not a replacement for broader employment background screening. An individual can successfully establish their identity without necessarily having unrestricted permission to work. Understanding that distinction is important for employers that want to build a reliable and compliant recruitment process.

As organizations increasingly recruit across borders, manage international workforces, and use different employment and contracting arrangements, Right to Work Checks have become an increasingly important consideration for HR, recruitment, compliance, and operations teams.

This guide explains what Right to Work Checks are, what they verify, how the process works, the challenges employers commonly encounter, and how Right to Work verification can form part of a wider background screening strategy.

The Right to Work requirements are jurisdiction-specific and can change over time. The UK is used as the primary example in this article because it has a defined employer checking framework. Employers recruiting in other countries should always follow the requirements of the relevant jurisdiction and seek professional advice where necessary.

Contents

1. Right to Work Checks: What Employers Need to Know
2. What Is a Right to Work Check?
3. Right to Work Verification Is Not the Same as Identity Verification
4. Why Are Right to Work Checks Important?
5. What Does a Right to Work Check Verify?
6. How Does a Right to Work Check Work?
7. Manual and Digital Right to Work Checks
8. What Documents Can Be Used for Right to Work Checks?
9. Common Problems Employers Encounter
10. Right to Work Checks and Discrimination
11. Why International Hiring Makes Right to Work Verification More Complex
12. Common Mistakes Employers Should Avoid
13. Building a Reliable Right to Work Process
14. What Is Changing in the UK?
15. How Right to Work Checks Fit into a Wider Background Screening Strategy
16. How DE RISC Group Can Support International Screening
17. Frequently Asked Questions

What Is a Right to Work Check?

A Right to Work Check is a process used to establish whether an individual is legally permitted to carry out the work they are being engaged to perform.

In simple terms, it answers a specific question: is this person allowed to do this work, in this country, under the conditions that apply to them?

The answer is not always as straightforward as checking someone's passport. Depending on the individual's circumstances, their permission to work may be connected to their citizenship, immigration status, visa, sponsorship arrangement, or another form of legal permission.

In the UK, employers have a legal duty to prevent illegal working. The government's employer guidance explains that employers should conduct the appropriate Right to Work Check before employing someone to establish whether they are permitted to carry out the work in question. Where an employer has completed the prescribed check correctly, this can provide a statutory excuse against liability for a civil penalty if the worker is later found to be working illegally.

The important point for employers is that having an identity document does not automatically establish a person's Right to Work. The document or digital status must be assessed through the appropriate process, and any relevant restrictions need to be considered.

Right to Work Verification Is Not the Same as Identity Verification

Identity verification and Right to Work verification are closely connected, but they serve different purposes. Identity verification establishes that an individual is who they claim to be. Depending on the screening process, this may involve examining an identity document, verifying personal information, or comparing the individual with an official record.

Right to Work verification goes further. It establishes whether that identified individual has the legal permission required to perform the relevant work.

This distinction becomes particularly important when dealing with individuals who have time-limited immigration permission or restrictions attached to their status.

For example, an identity document may establish a person's name, date of birth, and nationality, but that information alone may not tell an employer whether the individual is permitted to work, whether their permission is still valid, or whether restrictions apply to the type of work they are being offered.

A well-designed recruitment process therefore treats identity verification and Right to Work verification as related but separate stages.

This is also why a wider background screening programme should not be confused with Right to Work verification. Employment verification, education verification, criminal record checks, address verification, sanctions screening, and professional qualification checks all answer different questions about a candidate.

Why Are Right to Work Checks Important?

For employers, the most obvious reason to conduct a Right to Work Check is compliance.

In the UK, employers have a legal responsibility to prevent illegal working. The prescribed checking process is designed to allow employers to establish that an individual is permitted to undertake the relevant work. Correctly completing the required process can provide an employer with a statutory excuse against liability for a civil penalty in circumstances where an employee is later found not to have the necessary permission.

There is also a broader operational reason for taking the process seriously.

If an organization discovers after onboarding that an employee does not have the required permission to work, the consequences may extend beyond the individual employee. The business may need to interrupt employment, repeat verification, investigate how the error occurred, and deal with potential reputational or operational consequences.

A consistent verification process can also help HR teams avoid relying on assumptions. An employee's nationality, accent, appearance, or name should never be treated as evidence of whether they have permission to work. UK government guidance specifically addresses the need to avoid unlawful discrimination when conducting Right to Work Checks and recommends that employers apply their checking procedures consistently.

This makes Right to Work verification both a compliance consideration and an important part of responsible recruitment.

What Does a Right to Work Check Verify?

The exact information that needs to be verified depends on the jurisdiction and the individual's circumstances.

Generally, a Right to Work Check is intended to establish the individual's identity alongside their legal permission to work and any relevant conditions attached to that permission.

This may include determining whether the individual's status permits employment, whether that permission is currently valid, whether restrictions apply to the type or amount of work they can undertake, and whether the permission is time-limited.

The employer may also need to establish whether a further check will be required in the future.

This last point is particularly important. Right to Work verification is not always a one-time exercise. Where an individual's permission is time-limited, the employer may need to conduct a follow-up check before the existing permission expires if the employment is to continue. The latest UK government draft guidance confirms that follow-up checks are required in applicable cases and must be conducted on or before the relevant expiry date.

A reliable process therefore needs to consider not only whether someone can work today, but also whether there are conditions or future dates that HR needs to monitor.

How Does a Right to Work Check Work?

There is no single global process for Right to Work verification. The correct method depends on the country where the work is being performed and the individual's circumstances.

In the UK, the current framework provides prescribed routes for employers to establish a statutory excuse. These include a manual document-based check, a Home Office online Right to Work Check, and, in relevant circumstances, a check using a registered Right to Work Digital Verification Service Provider.

A manual check involves examining the appropriate original documents and establishing that they appear genuine and belong to the person presenting them. Employers must follow the prescribed process and retain the required evidence of the check.

For individuals who have an eligible digital immigration status, employers may instead use the Home Office online Right to Work service. The employer accesses the individual's Right to Work information using the relevant share code and other required information. The online service provides information about the individual's permission and any relevant restrictions.

The UK government's latest guidance also provides for the use of registered digital verification service providers in specified circumstances. Employers using such services still retain responsibility for ensuring that the required checking process has been completed correctly.

The important principle is that employers should not simply choose whichever method appears easiest. The appropriate method depends on the individual's circumstances and the rules that apply at the time of the check.

Manual and Digital Right to Work Checks

The shift toward digital immigration status has changed the way many employers approach Right to Work verification.

Traditional manual checks require the employer to examine the appropriate physical evidence and follow the required procedure. This can be appropriate where the individual is eligible to demonstrate their status through physical documents.

Digital checks, by contrast, allow employers to verify certain forms of immigration or work status through an official online service. Digital verification can make remote onboarding more practical and can provide access to information held in official systems.

Neither approach should automatically be considered better than the other.

The appropriate method depends on the individual, the type of status they hold, and the rules governing the check.

Digital processes can reduce the administrative burden associated with handling physical documents, but they also require employers to understand how the relevant online service works. A digital check should not simply be treated as a screenshot or an informal review of information supplied by the candidate.

The UK government guidance specifically states that employers carrying out Home Office online checks should use the employer-facing Right to Work service rather than relying on the individual's own immigration status screen.

For employers, the objective should therefore be accuracy rather than simply speed.

What Documents Can Be Used for Right to Work Checks?

There is no universal list of Right to Work documents that applies in every country.

Each jurisdiction establishes its own requirements, and those requirements can change as immigration systems move from physical documentation toward digital status.

In the UK, employers can use the prescribed acceptable documents for manual checks in cases where the manual route applies. For individuals with certain forms of digital immigration status, the employer may instead need to use the Home Office online Right to Work service.

This distinction is important because employers should not assume that any document that appears to demonstrate someone's immigration status can be accepted as proof of their Right to Work.

For example, the UK government's guidance has specifically clarified that expired physical Biometric Residence Permits are not acceptable proof of Right to Work through a manual check. Individuals with digital immigration status need to use the appropriate digital process instead.

The safest approach is to use the current official guidance for the relevant jurisdiction rather than relying on an old internal document list or information retained from previous recruitment exercises.

Common Problems Employers Encounter

Right to Work Checks can appear straightforward until an employer encounters an unusual case.

One common issue is mismatched information. A candidate's name may appear differently across documents because of marriage, a legal name change, transliteration, or another legitimate reason. A discrepancy should not automatically be interpreted as evidence of fraud. Instead, it should be investigated and appropriately explained.

Another challenge is expired or time-limited permission. Some individuals may have permission that is valid only for a particular period. If the organization does not have a process for monitoring expiry dates, it may overlook the need for a follow-up check.

Employers can also encounter incorrect or incomplete information. A candidate may provide information intended for a different type of government check, use an expired verification code, or provide documentation that does not establish the required permission.

Digital verification can introduce its own challenges. Online systems may occasionally be unavailable, information may require clarification, or an individual's immigration circumstances may mean that the standard online process cannot immediately provide the required confirmation. The UK government provides an Employer Checking Service for specified situations where the normal verification routes cannot be used.

Another common problem is simply assuming that someone else has already completed the check.

A recruitment agency, screening provider, hiring manager, or HR administrator may be involved in the recruitment process, but employers need to understand who is responsible for the check and what evidence has actually been obtained.

A process is only as reliable as the evidence supporting it.

Right to Work Checks and Discrimination

Right to Work compliance should never be separated from fair recruitment practices.

Employers need to establish whether a candidate has the right to work, but they should not make assumptions about who is more likely to require a check based on nationality, ethnicity, appearance, accent, or name.

The UK government's code of practice on avoiding unlawful discrimination emphasizes that employers should apply their checking procedures consistently.

This is particularly important because immigration status cannot always be inferred from citizenship or appearance. A British citizen may have one form of evidence, while a non-British citizen may have an unrestricted right to work.

The most appropriate approach is therefore to establish a consistent process and apply it fairly to candidates rather than trying to determine work eligibility through assumptions.

Why International Hiring Makes Right to Work Verification More Complex

For organizations hiring internationally, Right to Work verification becomes more complicated because immigration and employment rules are not universal.

A process that is appropriate in the UK may have no relevance to an employee working in another country.

Different jurisdictions may use physical immigration documents, online status systems, employer verification portals, work permits, visas, sponsorship arrangements, or other forms of evidence.

The country where the work is being performed is therefore an important starting point when determining which rules apply.

This becomes particularly relevant for businesses employing remote workers.

An organization may be headquartered in one country while an employee physically performs their work from another. In such circumstances, the employer should not assume that its home country's Right to Work process automatically applies. Immigration, employment, tax, and other regulatory considerations may all need to be assessed separately.

International recruitment also creates another layer of complexity for broader background screening. Candidate information may come from multiple countries, and the availability of employment, education, identity, criminal record, and other records can vary considerably between jurisdictions.

This is why organizations operating internationally often benefit from having a consistent overall screening framework while adapting individual checks to the requirements of each country.

Common Mistakes Employers Should Avoid

One of the biggest mistakes employers can make is treating a Right to Work Check as simply a document collection exercise.

The presence of a passport, visa, or other document does not automatically mean that the appropriate check has been completed.

Another common mistake is using an outdated process. Immigration systems change, documents become digital, and government guidance is updated. The UK's current guidance, for example, has undergone several updates as the country has moved further toward digital immigration status.

Employers should also avoid allowing candidates to start work before the required check has been completed, where the applicable rules require a pre-employment check.

Failing to monitor time-limited permission is another risk. An initial check may have been completed correctly, but the organisation can still need to take further action later.

Inconsistent checking can create both compliance and discrimination concerns. Employers should have a clear process that is applied consistently rather than deciding from candidate to candidate whether a check is necessary.

Finally, organisations should not assume that outsourcing part of recruitment automatically transfers their responsibilities. Where a third party supports the process, employers should understand what that provider is checking, which verification method is being used, and what evidence will be returned.

Building a Reliable Right to Work Process

A strong Right to Work process begins before the candidate reaches the final stage of onboarding.

The organisation should first establish which jurisdiction's requirements apply and identify the appropriate verification route. The candidate can then be given clear instructions about the evidence or information required.

Once the evidence is provided, the employer or authorized party should complete the appropriate verification process, confirm that the information relates to the individual being hired, and assess any relevant restrictions.

The result should then be recorded appropriately, with the organisation retaining the required evidence and ensuring that access to sensitive information is managed securely.

Where permission is time-limited, the organisation should also have a system for monitoring the relevant date and initiating any required follow-up check.

This does not need to be an unnecessarily complicated process. What matters is that responsibilities are clear, the correct verification method is used, records are maintained, and the process is reviewed as requirements change.

What Is Changing in the UK?

The UK Right to Work framework continues to evolve, particularly as digital immigration status becomes more widespread.

The latest draft employer guidance published by the UK government on 11 September 2026 is intended to come into force on 1 October 2026. It provides further clarification around the scope of the Right to Work Scheme, including certain working arrangements involving worker contracts, individual subcontractors, and online matching services.

The forthcoming framework also provides additional clarification around responsibilities in certain contractual and labour-supply arrangements.

For organisations using agencies, subcontractors, labour suppliers, or other external workforce arrangements, this is an important area to review. Right to Work compliance may require coordination beyond the traditional HR function and may involve procurement, operations, legal, and supplier-management teams.

Because the September 2026 guidance is currently published as draft guidance for the October 2026 changes, organisations should check the final version of the government guidance before updating their internal procedures.

The wider direction is clear, however: employers need processes that can accommodate both traditional and digital forms of verification while remaining aligned with current government requirements.

How Right to Work Checks Fit into a Wider Background Screening Strategy

Right to Work verification is one part of a broader approach to responsible hiring.

A complete screening process may begin with identity verification and then move into employment, education, professional qualification, criminal record, address, sanctions, or other checks depending on the role and jurisdiction.

The precise combination should not be identical for every candidate.

A financial services role may require a different screening programme from a warehouse position. A healthcare professional may require different verification from a technology employee. A candidate working in one jurisdiction may also be subject to different requirements from someone performing the same role in another country.

The objective should therefore be to develop a role-appropriate and jurisdiction-aware screening process.

Right to Work verification can sit within that framework as the component that establishes work eligibility, while the wider background screening process provides additional information about the candidate's identity, qualifications, history, and suitability.

For organisations hiring internationally, keeping these different checks clearly defined can make the overall process easier to manage and audit.

How DE RISC Group Can Support International Screening

For organisations hiring across multiple jurisdictions, managing different verification requirements can become challenging.

DE RISC Group supports organisations with international background screening and verification, helping employers assess candidate information across different countries and screening requirements.

Its broader employment screening services include areas such as identity verification, employment and education verification, criminal record checks, professional qualification checks, and other forms of candidate screening.

Right to Work verification should remain aligned with the prescribed requirements of the relevant jurisdiction. In the UK, for example, the employer remains responsible for ensuring that the appropriate prescribed check has been completed, even where technology or an external provider supports part of the process.

The role of a screening partner is therefore not to replace an employer's legal responsibilities, but to help organisations build a more structured and efficient approach to the wider verification process.

For businesses recruiting across several countries, this can be particularly valuable because the information required, records available, verification methods, and legal limitations can differ significantly between jurisdictions.

Frequently Asked Questions

What is a Right to Work Check?

A Right to Work Check establishes whether an individual is legally permitted to perform the work they are being hired to undertake. The exact process depends on the country, the individual's status, and the nature of the work.

Is a Right to Work Check the same as an identity check?

No. Identity verification establishes who an individual is, while Right to Work verification establishes whether that individual has the required legal permission to work.

Do all employees need a Right to Work Check?

The answer depends on the jurisdiction and the type of working arrangement. In the UK, employers have a legal duty to prevent illegal working and must follow the prescribed checking process where the Right to Work Scheme applies.

Can Right to Work Checks be completed online?

In some circumstances, yes. The UK provides an online Home Office Right to Work service for individuals with eligible digital immigration status, while other candidates may need to use another prescribed method.

What happens when a worker's permission to work is time-limited?

Where an individual has time-limited permission and the employer intends to continue employing them, a follow-up check may be required before the existing permission expires. The timing and process depend on the applicable rules.

Are Right to Work requirements the same in every country?

No. Right to Work requirements are jurisdiction-specific. Countries use different immigration systems, documents, databases, and verification procedures, so employers hiring internationally should follow the rules applicable to the country where the work is being performed.

Can Right to Work verification be included in a background screening programme?

Yes. Right to Work verification can form part of a broader employment screening programme alongside identity, employment, education, professional qualification, criminal record, and other relevant checks.

What should an employer do if information does not match?

A discrepancy should be investigated rather than automatically treated as evidence that a candidate is ineligible or has provided false information. Employers should follow the applicable verification process and obtain clarification or supporting evidence where appropriate.