Right to Work Check Documents for Manual Verification | A Guide for Employers

As an HR professional or employer in the UK, ensuring your employees have the right to work in the country is a legal requirement. Failing to do so can lead to hefty fines and even criminal charges. This comprehensive guide will walk you through the necessary documents and processes for right to work checks.

What Are Right to Work Checks in the UK?

In the UK, a right to work check is a mandatory process employers must conduct to verify that all new employees have the legal right to work in the country. It involves checking and making copies of specific documents to confirm an individual's identity and work authorisation. 

By carrying out these checks correctly, employers can establish a statutory excuse, protecting themselves from potential penalties for employing someone who doesn't have the right to work.

For a comprehensive guide on Right to Work Checks in the UK, you may read this guide. 

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Why the Right to Work Check is Necessary

The legal requirement for right to work checks in the UK is primarily derived from the Immigration, Asylum and Nationality Act 2006. This act makes it unlawful to hire a person who does not have the authorisation to work in the UK. The Immigration Act 2016 further strengthened these provisions and introduced penalties for non-compliance.

As employer, not doing right to work checks or failing to do them properly may result in the following:

Civil Penalties

Employers can face civil penalties of up to £20,000 per illegal worker for failing to conduct right to work checks properly or for employing someone who does not have the right to work. The Home Office has the power to impose unlimited fines in cases where employers repeatedly fail to comply.

Criminal Liability

In cases where an employer has knowingly employed someone without the right to work or has failed to conduct checks despite reasonable cause for concern, they can be prosecuted and potentially face imprisonment for up to 5 years.

Reputation Damage

Failing to comply with right to work checks can significantly damage an employer's reputation, affecting their ability to attract and retain talent, secure contracts, and maintain relationships with stakeholders.

Director Disqualification

Directors of companies found to be in breach of right to work regulations can be disqualified from acting as a company director for up to 15 years.

For more information on statutory excuse, penalties, and latest updates, here’s An Employer’s Guide on UK Right to Work. 

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Right to Work Documents: What Should You Check?

In the UK, you may conduct RTW checks in one of 3 ways: manually, through an Identity Service Provider (IDSP), and a right to work share code. If you choose to conduct it manually, you need to physically check for certain documents. 

These right to work documents are divided into 2: List A and List B. 

• List A documents are for people who have a permanent and unrestricted right to work in the UK. 
• List B documents are for people who have a temporary and restricted right to work in the country. 

List B is further classified into 2 groups, Group 1 and Group 2, depending on when the right to work documents should be checked again. 

List A Right to Work Documents

• A current or expired British passport showing the holder is a British citizen or has the right of abode in the UK.
• A current or expired Irish passport or passport card.
• A document from Jersey, Guernsey, or the Isle of Man, verified by the Home Office, showing unlimited leave to remain under Appendix EU.
• A current passport showing the holder is exempt from immigration control or has indefinite leave to remain in the UK.
• A current Home Office document showing indefinite stay in the UK, along with an official document with their National Insurance number.
• A UK birth or adoption certificate, along with an official document with their National Insurance number.
• A birth or adoption certificate from the Channel Islands, Isle of Man, or Ireland, along with an official document with their National Insurance number.
• A certificate of registration or naturalisation as a British citizen, along with an official document with their National Insurance number.

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List B Right to Work Documents

Employers must take extra precaution when obtaining and checking List B right to work documents because you need to re-check them in time. 

Group 1

Group 1 documents are valid until the employee’s permission expires. This means you need to take a closer look at the validity date and recheck the documents before the expiration date. 

• A current passport allowing the holder to stay and work in the UK in the specified role.
• A document from Jersey, Guernsey, or the Isle of Man, verified by the Home Office, showing limited leave under Appendix EU.
• A current Home Office document with a photo, showing permission to stay and work in the UK in the specified role, along with an official document containing their National Insurance number.

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Group 2

For Group 2 right to work document holders, your statutory excuse only lasts for 6 months. This means you need to recheck the documents before that. 

• A Home Office document showing an EU Settlement Scheme application made on or before June 30, 2021, with a positive verification notice.
• A non-digital Certificate of Application from the Home Office for an EU Settlement Scheme application made on or after July 1, 2021, with a positive verification notice.
• A document from Jersey, Guernsey, or the Isle of Man showing an application for leave under Appendix EU, with a positive verification notice.
• A Home Office Application Registration Card allowing the holder to take the specified employment, with a positive verification notice.
• A positive verification notice from the Home Office Employer Checking Service confirming the right to stay and work in the UK.

The Next Steps After Obtaining the Right to Work Documents

Obtaining the right to work documents is not enough - you need to thoroughly check them. As per the official guide, as employers, you must:

• Verify photo consistency across documents and with the person.
• Confirm dates of birth match across documents.
• Check if expiry dates for UK stay are valid (if applicable).
• Verify work restrictions match job offers. (For students, obtain term and vacation dates.)
• Ensure document authenticity and ownership.
• Clarify reasons for name discrepancies across documents (copy supporting documents).

Generally, you must ensure that the person presenting the document is the employee you want to hire. 

After checking the documents, you need to make copies of them. 

You must make copies (electronic or hardcopy) of each document that cannot be altered, including specific pages of passports and both sides of other documents, and keep these securely for the duration of employment plus two years. Record the date of the check. 

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RTW Checks Online and Through an Identity Service Provider (IDSP)

Instead of checking the right to work documents manually, employers can conduct RTW checks online or through an IDSP. 

For more information on online RTW, you may read our guide on Right to Work Share Code. 

Using an Identity Document Validation Technology (IDVT) through IDSP further streamlines the process of right to work check for British and Irish passport holders. The IDSP has to achieve the Minimum Level of Confidence, so it’s advisable to partner with trusted providers, like Veremark. 

Partner with Veremark for Your Right to Work Verification Needs

Ensure your workforce is compliant with Veremark's Right to Work checks. Our streamlined process validates the right to work documents thoroughly, minimising administrative burdens and accelerating your time to hire.

Beyond Right to Work checks, Veremark offers a comprehensive suite of screening services tailored to your needs. From identity and reference checks to criminal record and employment history verifications, our reliable and automated solutions reduce hiring risks and build a trustworthy workforce. With global coverage and 24/7 support, Veremark is your partner in making informed hiring decisions with confidence and ease​​​​.

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