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Right to work

Employers need to check a candidate’s right to work in the UK before they start employment. The way HR checks employees’ eligibility to work in UK companies has changed since the pandemic, and digital right to work checks were introduced on 1 October 2022.

There will be two types of check: a digital check via a UK government certified digital identification service provider (IDSP) and a manual check (in person). The type of check employers are required to conduct will depend on the status of the job applicant.

Employers will no longer be able to use the adjusted right to work checking process that was introduced in response to the pandemic. If employers wish to continue carrying out checks remotely for British or Irish applicants they must use the services of an IDSP or otherwise will need to complete checks in person. From 6 April 2022 employers must use online right to work checks for foreign nationals who have a biometric residence card, residence permit or frontier work permit. Candidates can provide their prospective employer with a share code so the organisation can check this against the Home Office online checking service.

Failing to ensure someone has the right to work in the UK could result in an organisation receiving a civil penalty of up to £60,000 for each worker, or five years in prison if an individual is found guilty of employing someone they knew or had reasonable cause to believe did not have the eligibility to work in the UK.


Right to work – latest news and advice for employers

    • Right to work
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    Immigration white paper: 10 key points and reaction

    by Jo Faragher 12 May 2025
    by Jo Faragher 12 May 2025

    Prime minister Keir Starmer announced the government’s Immigration White Paper this morning, pledging to drastically reduce employers’ reliance on overseas...

    • Right to work
    • Latest News
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    Immigration white paper: strict limits on overseas recruitment

    by Jo Faragher 12 May 2025
    by Jo Faragher 12 May 2025

    The government will ‘radically reform’ the UK’s immigration system under new measures proposed in today’s immigration white paper.

    • Right to work
    • Latest News
    • Global mobility

    Government could limit work visas for some nationalities

    by Nic Paton 6 May 2025
    by Nic Paton 6 May 2025

    The government is set to announce plans to restrict work and visa applications from nationalities that it is felt are...

    • Brexit
    • Right to work
    • Europe

    Labour MPs urge more flexibility with EU over youth mobility

    by Adam McCulloch 24 Apr 2025
    by Adam McCulloch 24 Apr 2025

    In a letter to Labour’s shadow foreign secretary MPs and peers asked for a bespoke youth visa scheme for UK and EU citizens under 30. 

    • Right to work
    • Latest News
    • Global mobility

    Hiring international workers: key considerations for employers

    by Krishma Bathia 8 Apr 2025
    by Krishma Bathia 8 Apr 2025

    Krishma Bathia, senior associate at Birketts law firm, highlights key factors that employers must consider when hiring international workers.

    • Right to work
    • Latest News
    • Gig economy

    Home Office reveals employers’ costly right-to-work mistakes

    by Alexander Finch 7 Apr 2025
    by Alexander Finch 7 Apr 2025

    Of all businesses surveyed about right to work checks, 80% answered at least one compliance question incorrectly, and are at risk of non-compliance.

    • Right to work
    • Latest News
    • Gig economy

    New right to work checks put onus on gig economy firms

    by Adam McCulloch 3 Apr 2025
    by Adam McCulloch 3 Apr 2025

    For the very first time, the Home Office stated, employment checks would be extended to cover businesses hiring gig economy and zero-hours workers.

    • Right to work
    • NHS
    • Latest News

    Will new visa rules kill or cure the health and care workforce?

    by Oliver O'Sullivan 25 Mar 2025
    by Oliver O'Sullivan 25 Mar 2025

    The government has tightened up visa requirements for migran workers in health and care. How might this impact a labour force in limbo?

    • Right to work
    • Latest News
    • Immigration

    You’ll never guess who’s a skilled worker – for visa purposes

    by Adam McCulloch 14 Mar 2025
    by Adam McCulloch 14 Mar 2025

    Eligible professions for Skilled Worker visas include ‘canine beautician’. If that isn't eyebrow-raising enough, it also includes ‘immigration officer’.

    • Right to work
    • NHS
    • Latest News

    Visa rules for care sector employers tightened

    by Jo Faragher 14 Mar 2025
    by Jo Faragher 14 Mar 2025

    Employers in the care sector must now prioritise recruiting workers from England, according to new rules laid before parliament this week.

    • Right to work
    • Latest News
    • Immigration

    UK visa options for skilled workers in the US who need to leave

    by Chetal Patel 14 Mar 2025
    by Chetal Patel 14 Mar 2025

    The Home Office wants to ensure employers use the existing pool of workers resident in UK before issuing new sponsor licences.

    • Right to work
    • NHS
    • Latest News

    Migrant care workers exploited for thousands

    by Jo Faragher 7 Mar 2025
    by Jo Faragher 7 Mar 2025

    Migrant workers in the care sectors are being exploited by employers demanding money if they try to leave, according to the Royal College of Nursing.

    • Right to work
    • Latest News
    • Economics, government & business

    Further steep fall in UK work and study visas

    by Adam McCulloch 27 Feb 2025
    by Adam McCulloch 27 Feb 2025

    There was a further steep fall in UK work visas granted in 2024 as arrivals continue to decrease in the wake of rules introduced at the end of 2023 by the previous government. 

    • Right to work
    • Disability discrimination
    • Education

    Unfairly dismissed Edinburgh professor awarded £1m

    by Rob Moss 26 Feb 2025
    by Rob Moss 26 Feb 2025

    Engineering professor unfairly dismissed by the University of Edinburgh awarded more than £1m after a 13-year legal battle.

    • Right to work
    • CIPD
    • Latest News

    CIPD launches guide for hiring refugees

    by Rob Moss 19 Feb 2025
    by Rob Moss 19 Feb 2025

    The CIPD Trust has published guidance to support employers and HR professionals to recruit and retain refugees.

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