Checking a worker's immigration status is a legal obligation for every UK employer. Get it wrong, and you face a civil penalty of up to £45,000 per illegal worker — even if you had no idea the person was working illegally.

This guide explains the four compliant methods, the step-by-step process for each, when you must re-check, and what sponsored workers mean for your compliance obligations.

Contents

What Checking Immigration Status Means for Employers

When employers talk about checking immigration status, they mean verifying that a worker has the legal right to work in the UK before employment begins. This is distinct from checking visa type or visa route — the right to work check confirms that permission exists, that it covers the type of work being offered, and that it has not expired.

The legal basis is the Immigration, Asylum and Nationality Act 2006, as amended. The Act places a positive duty on employers to carry out prescribed checks. "Prescribed" is the keyword: only checks carried out using the four approved methods create a statutory excuse against a civil penalty.

A check carried out by a different method — for example, asking the worker to describe their visa verbally, or relying on a previous employer's verification — provides no protection.

When You Are Legally Required to Check Immigration Status

Always before employment starts. The check must be completed before the worker's first day. There is no grace period and no exception for urgency.

Three further situations require action:

  1. Time-limited permission is expiring. You must re-check before the current permission expires.
  2. You receive a Referral Notice from the Home Office. This requires you to check and report back within a set timeframe.
  3. The worker's role or working pattern changes in a way that may affect their permission to work (particularly for sponsored workers on a Certificate of Sponsorship tied to a specific role).

You do not need to re-check workers who hold Indefinite Leave to Remain (ILR), British citizenship, or EUSS Settled Status — their permission is permanent.

The Four Compliant Methods at a Glance

The Home Office prescribes exactly four ways to check someone's immigration status. Using any other method creates no statutory excuse.

Here's the important point: for the vast majority of non-British, non-Irish workers you hire, the share code check is now the standard method. Physical Biometric Residence Permits (BRPs) were phased out on 31 December 2024. Workers previously holding BRPs now hold an eVisa and must provide a share code.

Method 1: How to Check Immigration Status Online Using a Share Code

This is the most common check you will carry out for overseas nationals. The worker generates a share code through their UKVI online account and gives it to you. You use it to access their immigration status record on the Home Office service.

Step-by-step: online right to work check

  1. Ask the worker for their share code and date of birth. You need both to complete the check. The share code is 9 characters long, beginning with W (for right to work checks specifically).
  2. Go to the Home Office online checking service at gov.uk/view-right-to-work. This is the employer portal. Workers use a different URL to generate or view their own status.
  3. Enter the share code and the worker's date of birth. Both must match the record exactly.
  4. Review the result. The screen shows whether the worker has the right to work, the type of work permitted, and whether the permission has an expiry date.
  5. Save a record of the check. Screenshot or print the result, date it, and keep it for the duration of employment and for at least 2 years after.

Share codes are valid for 90 days from the date of generation. If the code has expired, ask the worker to generate a new one — this is straightforward through their UKVI account.

But here's where most employers get it wrong: they conduct the check but fail to save a dated record of the result. Without that record, you cannot prove the check was completed if the Home Office investigates.

What the result screen tells you

A successful result will show:

If the result shows the worker does not have the right to work, you cannot employ them. Employing someone after receiving a negative result removes any statutory excuse and significantly increases penalty exposure.

Method 2: How to Check Immigration Status by Manual Document Verification

Manual document checks still apply for British and Irish passport holders and a small number of workers with legacy physical immigration documents. The process requires you to inspect original documents in person.

Step-by-step: manual document check

  1. Obtain original documents. You cannot accept photocopies or digital images for a manual check.
  2. Check the document is on List A or List B in the Home Office Right to Work guidance. List A documents give indefinite right to work; List B require a follow-up check.
  3. Examine the document in the presence of the holder. Check that the photo matches the person in front of you. Check that the date of birth is consistent across all documents. Check any expiry date.
  4. Make a clear copy of the document — all pages that show the holder's details, photo, permission, and expiry date (if applicable).
  5. Record the date the check was carried out on the copy and retain it.

One important detail: since 31 December 2024, Biometric Residence Permits are no longer acceptable for manual checks. Workers who previously held a BRP have been transitioned to an eVisa and must now use the share code method.

Remote manual checks

The Home Office temporary adjusted checks (introduced during Covid) ended in September 2022. Remote manual checks are no longer acceptable unless conducted via a certified IDSP using Identity Document Validation Technology.

Method 3: How to Check Immigration Status via an IDSP (IDVT)

Identity Service Providers (IDSPs) use Identity Document Validation Technology (IDVT) to remotely verify identity documents. This method applies to British and Irish citizens holding valid passports.You must use a certified IDSP — the Home Office maintains a list of certified providers. Using an uncertified provider does not create a statutory excuse.

How it works

  1. The worker uploads their passport via the IDSP's platform.
  2. The IDSP runs automated and human checks on the document.
  3. The IDSP returns a verified result to the employer.
  4. You retain the IDSP's verification report as your record of the check.

This method is useful for remote hiring where in-person document inspection is not practical. It is only available for British and Irish passport holders — for all other nationalities, use the share code method.

Method 4: How to Use the Employer Checking Service (ECS)

The Employer Checking Service is the fallback for workers who cannot provide a share code or an acceptable document. Common situations include:

How to use the ECS

  1. Confirm the worker has a valid reason for using ECS — it is not a general alternative to the other methods.
  2. Submit a check request via the Home Office ECS portal. You will need the worker's details and reference number from their Certificate of Application.
  3. Wait for a Positive Verification Notice (PVN) or Negative Verification Notice. A PVN confirms the worker has the right to work for up to six months.
  4. Record the PVN reference number and date. This is your statutory excuse for the period it covers.
  5. Re-check before the PVN expires. A PVN is not indefinite — it covers the worker while their application is pending.

This is where it gets important: a PVN does not mean the worker has been granted leave. It means they have a current right to work while their case is being decided. If the application is refused, you must cease employing them from the point you are notified.

When to Re-Check Someone's Immigration Status

Not every worker requires a follow-up check. The rule depends on the type of permission they hold.

No re-check required

Workers with unlimited permission to work do not need a follow-up check. This includes:

Once you have completed the initial check and recorded the result, your statutory excuse is permanent for these workers.

Re-check required

Workers with time-limited permission require a follow-up check before their current permission expires. The Home Office recommends diarising re-checks when you complete the initial one.

For sponsored workers, you have an additional obligation: you must monitor visa expiry dates through your Sponsor Management System (SMS) and report any worker who does not attend for a follow-up check.

If you hold a UK sponsor licence, checking immigration status is only one part of your compliance obligations. Sponsoring a worker involves ongoing duties beyond the initial right to work check.

What changes for sponsored workers

When you hire a sponsored worker on a Skilled Worker or Health and Care Worker visa, you must:

  1. Keep a copy of their Biometric Residence Permit or eVisa confirmation (or share code check record) on their personnel file.
  2. Record their start date, absence record, and contact details in your HR system — the Home Office can request this during a compliance visit.
  3. Report role changes, salary changes, and absences via the Sponsor Management System (SMS) within the timescales set in the sponsor guidance.
  4. Report if the worker stops working for you — this is a mandatory SMS report that must be submitted within 10 working days.
  5. Conduct re-checks before visa expiry and ensure the worker applies to extend in good time if they intend to continue employment.

Failing to follow these steps can result in your sponsor licence being downgraded from A-rated to B-rated, suspended, or revoked — even if the worker's right to work checks were completed correctly.

SponsoredJobs lists roles from A-rated sponsors on the Home Office register. Every listing confirms the employer holds a current sponsor licence at the time of listing. Browse Skilled Worker visa jobs from verified sponsors.

Section 3C Leave and Pending Applications

Section 3C of the Immigration Act 1971 automatically extends a worker's existing leave when they submit an in-time application to vary or extend it. This means a worker can continue working lawfully even after their visa expiry date, provided their application was submitted before that date.

Here's the thing: Section 3C leave is not visible on the online checking service the same way a standard visa is. The worker will typically have a Certificate of Application from the Home Office confirming their application is pending.In this situation, use the Employer Checking Service (ECS) rather than the share code check. The ECS will confirm whether Section 3C applies and issue a Positive Verification Notice if it does.

Do not stop employing a worker solely because their visa expiry date has passed if they have submitted an in-time application. Check via ECS first.

Penalties for Failing to Check Someone's Immigration Status Correctly

The penalties for employing an illegal worker are substantial and have increased significantly since February 2024.

Civil penalties

First breach: up to £45,000 per illegal worker. This is the starting point for a first offence within a three-year period. The Home Office can reduce this by £5,000 for each of two mitigating factors: reporting suspected illegal working and actively cooperating with the investigation.Repeat breach: up to £60,000 per illegal worker. A repeat breach within three years of a previous penalty starts at £60,000.Fast Payment Option: 30% reduction if you pay within 21 days of the penalty notice for first-time breaches.

These figures apply per worker. An employer found to have five illegal workers at the first-breach rate could face a total penalty of £225,000.

Criminal liability

Where an employer knowingly employs an illegal worker, criminal prosecution is possible. On conviction, penalties include an unlimited fine and up to five years' imprisonment for the individual responsible.

For licensed sponsors, illegal working findings can result in the suspension or revocation of the licence. Revocation means all sponsored workers lose their current visa route, potentially affecting dozens of employees and requiring immediate HR action.

Your statutory excuse

Carrying out a compliant check using one of the four prescribed methods creates a statutory excuse. If the Home Office later finds the worker did not have the right to work, you will not be liable for a civil penalty — provided the check was done correctly, and the records are retained.

This is why the record-keeping step matters as much as the check itself.

Record Keeping Requirements

Records of right to work checks must be kept:

For share code checks, retain a screenshot or printout of the result page showing the worker's name, status, and the date you completed the check. The date matters — an undated record provides weaker evidence of compliance.

For manual document checks, retain a copy of the document (both sides if required) with the date of the check noted on it.

Store records securely and in a way that allows you to retrieve them quickly during a Home Office visit. A dedicated personnel file or HR system with a document management function is recommended over shared drives with inconsistent naming conventions.

Common Mistakes Employers Make When Checking Immigration Status

  1. Accepting a BRP as a standalone document. Since 31 December 2024, BRPs are no longer acceptable for right to work checks. Workers must use the share code method.
  2. Not recording the check date. An undated record is difficult to defend in a compliance investigation.
  3. Re-checking workers who don't need it. British citizens, ILR holders, and EUSS Settled Status holders do not require follow-up checks — but some HR systems trigger unnecessary re-check reminders.
  4. Failing to re-check workers who do need it. Time-limited permission holders require a re-check before expiry. Missing this window can expose you to a civil penalty even if the initial check was correct.
  5. Using the wrong URL for the online check. The employer checking portal is at gov.uk/view-right-to-work. The worker's portal (where they generate share codes) is at gov.uk/prove-right-to-work. Using the wrong one will not complete a valid check.
  6. Stopping employment when Section 3C applies. If a worker has submitted an in-time application and Section 3C leave is in effect, they retain the right to work. Use the ECS to confirm before making any employment decision.
  7. Discriminatory checking practices. Checking only workers who appear to be foreign nationals is unlawful under the Equality Act 2010. Checks must be applied consistently to all new starters, regardless of nationality or appearance.

Checking Immigration Status for EU, EEA and Swiss Nationals Post-Brexit

Since 1 July 2021, EU, EEA and Swiss nationals (with the exception of Irish citizens) can no longer use their passport or national identity card as evidence of the right to work in the UK. They must prove their status digitally using a share code.

This is one of the most common compliance errors in 2026. Employers who employed EU nationals before the Brexit transition and never updated their records may still be relying on passport copies taken pre-2021. Those records no longer provide a statutory excuse for ongoing employment.

EU nationals with EUSS status

EU nationals who applied to the EU Settlement Scheme hold either:

Both statuses are confirmed via the share code method. The worker generates a share code through their UKVI account, and you verify it at gov.uk/view-right-to-work.

EU nationals who did not apply to EUSS

EU nationals who were in the UK before 31 December 2020 but did not apply to the EU Settlement Scheme before the late applications deadline may have applied under the Home Office's late application policy. If their case is pending, use the Employer Checking Service. If the application has been refused and appeals exhausted, they do not have the right to work.

Irish citizens

Irish citizens retain the right to work in the UK under the Common Travel Area arrangements and do not require a share code. A valid Irish passport or Irish passport card is sufficient for a manual document check.

EU nationals who arrived after 31 December 2020

EU nationals who arrived after the Brexit transition ended are subject to the same immigration rules as all other non-British, non-Irish nationals. They require a visa and will hold a digital immigration status (an eVisa). Use the share code method.

What to Do When a Worker's Immigration Status Changes Mid-Employment

Immigration status is not static. Workers renew visas, change visa routes, and sometimes encounter complications. Knowing how to respond when status changes mid-employment is as important as getting the initial check right.

Worker's visa is approaching expiry

Diarise re-checks 3 months before the expiry date shown on the initial check result. This gives the worker enough time to apply to extend their visa and for you to use the ECS if a decision has not been made by the expiry date.

Worker's visa has been refused

If the worker's visa renewal application is refused and all appeal rights are exhausted, their right to work ends. You must cease employing them. Check whether Section 3C leave applies first — if an in-time application is pending or an appeal is ongoing, the right to work may continue temporarily.

Worker changes visa route

If a worker switches from one visa route to another — for example, from a Skilled Worker visa to a Global Talent visa — their share code will update to reflect the new status. Conduct a fresh check when the new permission is granted and update your records.

Worker's sponsor licence is revoked

If your organisation's sponsor licence is revoked, all sponsored workers' visas are curtailed to 60 days. During that window, workers can find a new sponsor. As an employer, you must notify affected workers immediately and cease sponsoring new hires. If the worker finds a new sponsor before the 60 days expire, their right to work continues under the new sponsor.

Receiving a Referral Notice from the Home Office

A Referral Notice is issued by the Home Office when they have intelligence suggesting one of your workers may not have the right to work. You are required to check the named worker and report back within the timeframe stated in the notice. Failing to respond to a Referral Notice is treated as a failure to carry out a compliant check.

For employers looking to hire overseas talent through the sponsored route, register as an employer on SponsoredJobs to list roles directly with candidates who already understand sponsorship requirements.

FAQ: Checking Someone's Immigration Status

Can I check someone's immigration status without their permission?

No. The online checking service requires the worker's share code and date of birth, which the worker must provide voluntarily. You cannot access someone's immigration record without their consent and cooperation. Attempting to do so using other methods would likely breach data protection law.

What is the difference between checking immigration status and checking the right to work?

In practice, they are the same thing for employer compliance purposes. "Checking immigration status" and "right to work check" refer to the same legal process under the Immigration, Asylum and Nationality Act 2006. The right to work check confirms that the worker's immigration status permits them to work in the UK in the role you are offering.

Can I check immigration status online for a British citizen?

British citizens do not hold a digital immigration status and cannot generate a share code. For British citizens, use a manual document check (passport or birth certificate plus evidence of National Insurance) or an IDSP digital check using their passport.

How long is a share code valid for?

Share codes are valid for 90 days from the date of generation. If the code has expired, ask the worker to generate a new one through their UKVI account at gov.uk/prove-right-to-work.

What happens if the online check shows the worker does not have the right to work?

You cannot employ them. If you proceed after receiving a negative result, you lose any statutory excuse and will be liable for the full civil penalty if the worker is found to be working illegally. Keep a record of the negative result.

Do I need to check immigration status for a self-employed contractor?

The right to work check duty applies to employees and workers. If you engage a genuinely self-employed contractor operating through their own limited company, the obligation does not apply in the same way — but you should be confident the engagement is a genuine arm's-length contractor relationship, not disguised employment.

Can I check immigration status for someone who has not yet been offered a job?

Yes. It is lawful to conduct a right to work check at any stage of the recruitment process, including pre-offer. The check must be completed before employment starts. Some employers check at offer stage; others at onboarding. Either is compliant as long as the check is done before day one.

What is a Positive Verification Notice and how long does it last?

A Positive Verification Notice (PVN) is issued by the Employer Checking Service and confirms that a worker has the right to work while their Home Office application is pending. A PVN typically covers a period of up to six months. You must re-check via ECS before the PVN expires if the worker is still employed and their application has not been decided.

Does the right to work check need to be done in person?

For share code checks and ECS checks, in-person attendance is not required — the check is completed online. For manual document checks, you must inspect original documents and verify the person matches the photo, which requires physical presence. IDSP checks via IDVT can be completed remotely for British and Irish passport holders.

What records do I need to keep after checking immigration status?

For share code checks, retain a dated printout or screenshot of the result screen. For manual checks, retain a copy of the documents with the date of check noted. Records must be kept for the duration of employment and for at least two years after employment ends.

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