UK Visas and Immigration has released its report on 26th February 2026. From the report, we can see 617 penalties were issued between 01st July 2025 and 30th September 2025. A total of 831 illegal workers were found and the total value of the penalties issued was £34,265,000. Enforcement raids have increased by 77% since the government came to power leading to an 83% increase in arrests.
It is crucial for companies to have a robust compliance system in place to be compliant with the law and regulations.
UK Right to Work Checks (2026): A Complete Employer Guide
Ensuring your workforce has the legal right to work in the UK is not just good practice — it’s the law. Failing to conduct proper Right to Work checks can expose your business to hefty fines, sanctions and reputational damage. This guide explains everything employers in the UK need to know in 2026 from how checks work to common pitfalls and compliance best practices.
What is a Right to Work Check?
A Right to Work check is a mandatory process every employer in the UK must conduct before hiring any employee. Its purpose is to confirm that the person you want to employ has the legal permission to work in the UK. Conducting this check correctly gives your business a statutory excuse, protecting you from penalties if it later turns out the worker did not have valid work rights.
This obligation applies to:
- British citizens and Irish citizens
- Non-UK nationals
- Temporary, part-time, seasonal or casual workers
- Zero-hours contracts and, where relevant, contractors and freelancers
Why Right to Work Checks Matter
Legal Consequences
If you employ someone without the right to work and fail to conduct a compliant check:
- Civil fines: up to £45,000 per illegal worker for a first offence
- Increased fines: up to £60,000 per illegal worker for repeat breaches
- Potential criminal prosecution in serious cases
- Reputational harm and possible sponsor licence restrictions
These penalties can apply to organisations of all sizes, from small businesses to large multinational employers.
How to Conduct a Right to Work Check (Step-by-Step)
There are three key methods employers can use to check a prospective employee’s right to work:
1. Online Share Code Check
Most individuals with digital immigration status (e.g., visas, EU Settlement Scheme status) can provide a Home Office share code and date of birth. You enter this into the official UK government online checking service, which confirms their right to work.
Pros:
- Fast and secure
- Automatically saved record
- Provides statutory excuse
2. Manual Document Check
This involves inspecting original physical documents — like passports — in the presence of the individual (either in person or via live video if holding the originals). You must:
- Confirm the documents are genuine and unaltered
- Match the person to photos and details
- Record and retain copies of the documents and the check date
Tip: Photocopies or screenshots alone do not meet compliance unless the check was done at the time with originals present.
3. Employer Checking Service (ECS)
Use this when the employee cannot provide acceptable documents or a share code (e.g., status under review). You ask the Home Office to verify their status and issue a Positive Verification Notice, which gives a time-limited statutory excuse.
When and How Often Should Checks Be Done?
✔ Before starting work — all new hires require a check.
✔ Follow-up checks — for employees with time-limited permission, checks must be repeated before their current status expires.
✔ Re-hiring former staff — a new check is needed if someone leaves and returns to work for you. Most original checks cannot simply be reused.
Acceptable Documents for Manual Checks
Examples include:
- Valid UK or Irish passports
- EU/EEA/Swiss passports with status share code
- Visa documentation showing work permission
- Relevant Home Office travel documents
Always refer to the official Home Office checklist to verify acceptable documents.
Best Practices to Avoid Compliance Issues
✅ Standardise your right to work check process across all hires
✅ Train HR staff on current Home Office requirements
✅ Keep clear, dated records stored securely (digital copies are fine)
✅ Use a certified Identity Document Validation Technology provider if opting for digital identity checks
✅ Do not discriminate — checks must be applied equally to all candidates
Common Mistakes Employers Make
❌ Accepting screenshots without verifying physical documents
❌ Failing to check everyone (e.g., focusing only on non-UK nationals)
❌ Not retaining records correctly for the required period
❌ Using outdated checking methods or ignoring updates in guidance
Tip: Always check the latest Home Office guidance before updating your process.
Increased Compliance Risk: HMRC and UKVI Information Sharing
We have noticed from a number of recent cases that HM Revenue & Customs appear to be sharing payroll and earnings data with UK Visas and Immigration where discrepancies arise.
This can include situations where reported salary levels, hours worked, or tax records do not align with the conditions of an individual’s visa or sponsorship requirements. In such cases, discrepancies may trigger further investigation by UKVI, potentially leading to compliance audits, sponsor licence scrutiny, or enforcement action.
For employers, this highlights the importance of ensuring that:
- Payroll records accurately reflect contractual terms
- Sponsored workers are paid in line with visa and sponsorship requirements
- Any changes to salary, hours, or job roles are reported where required
- Right to Work checks, payroll, and HR records are consistent and up to date
Failure to maintain alignment between HR, payroll, and immigration records can increase the risk of Home Office intervention, even where Right to Work checks were carried out correctly at the point of hire.
Conclusion
Right to Work checks are a legal must not an optional HR formality. A compliant check protects your business from severe penalties, ensures fairness in hiring, and demonstrates good governance.
Stay up to date with changing guidance and embed a robust checking process into your recruitment workflow.
At Colman Coyle, our corporate immigration team is happy to help with a bespoke right to work training. Please contact us to discuss your needs and we shall offer a package for this service.
Contact our immigration solicitors today: call us on 020 7354 3000 or email us contact@colmancoyle.com
