A Guide to Right to Work in the UK
It’s important for employers to make sure they are staying on top of changes to employment law and any changes to their employee's right-to-work status.
Failing to perform right-to-work checks correctly could lead to you employing someone illegally, which potentially see you in trouble and facing a hefty fine.
From 1st October 2026, the UK government are expanding the scale of right to work checks carried out via the Border Security, Asylum and immigration Act 2025,
This will mean that employer responsibility will go beyond traditional employment, and will instead cover the whole supply chain, including subcontractors, gig workers, and online matching platforms.
Civil penalties for failing to carry out these checks could reach up to £60,000 per illegal worker.
In the following article, we will look at the factor’s employers must consider and provide a checklist of actions businesses should take before employing someone.
For right to work advice, contact our Employment Law advisory line today on 0800 470 9999.
What is the right to work in the UK?
If you are a British or Irish citizen, you automatically have the right to work in the UK. For others, it depends on immigration status, such as settled status or a valid visa.
Employers must receive proof via digital eVisas or physical documents prior to employment.
The Different Types of Right-to-Work in the UK
Understanding which of your employees has the right to work can be overwhelming and confusing.
We've picked out some of the most popular right to work types:
Permanent right to work
A prospective employee might have the right to UK employment without restriction if they are:
A British or Irish citizen.
A European Economic Area (EEA) citizen or a Swiss national with Settled Status under the EU Settlement Scheme.
Holders of Settlement / Indefinite Leave to Remain.
You must complete a right-to-work check, regardless of citizenship.
To do this, check their passport. If the valid passport states BRITISH CITIZEN on the picture page, they will have the right to work.
This won’t apply to those with settled status.
Frontier Worker Permit
A frontier worker is an EU citizen who is employed or self-employed in the UK, but a resident elsewhere.
Individuals can apply for a frontier worker permit if all of the following apply:
They’re from the EU, Switzerland, Norway, Iceland or Liechtenstein.
They live outside of the UK.
They began working in the UK by 31 December 2020.
If the employee is an Irish citizen, they do not need to apply for a Frontier Worker permit, but they can do so if you choose to.
Frontier permits last for five years, and they’ll need to apply for a new one once it expires.
Time Limited Right to Work
Employees with a time-limited right to work might be able to undertake certain types of work, dependent on their permit.
Non-British or Irish Citizens must obtain one of these documents to work in the UK. This includes EEA citizens, or Swiss nationals who weren’t UK residents before 1st January 2021, and who don’t have a settled status under EUSS.
Employers will need to conduct follow-up checks when their visa is due to expire. will need to conduct follow-up checks when their visa is due to expire.
UK Right to Work
Those without a permanent or time-limited right to work can apply for one of the following applicable visas, although they may face some restrictions:
Family members of an EEA National.
Dependent of a Points-Based Migrant.
Skilled Worker Visa
UK Ancestry visa holders.
Youth Mobility Scheme (YMS) visa holders.
Global Talent Visa holders.
Note: Family members of EEA nationals do not automatically have the right to work solely by virtue of that relationship; their right to work depends on whether they have obtained immigration status under the EU Settlement Scheme or hold a valid EUSS family permit.
Non-British and Irish citizens that hold these valid visas can undertake a role in any industry, performing any role.
Restricted Right to Work
If applicants aren’t eligible for the above, they need to make an application through the immigration system. These visas will restrict the type of work they can undertake.
These include:
Point-based system: For skilled workers who have a job offer from an approved employer sponsor.
Global talent scheme: This route has been opened up for EU, EEA and Swiss Citizens
International students and graduates:
For students from the EU, EEA and Swiss Citizens. They can apply for a student visa if they:
Have been offered a course place.
Can speak, read, write, and understand English.
Have enough money to support themselves and pay the tuition.
Right to work checks for existing employees?
If the employee is a British or Irish Citizen and you did a right-to-work check upon recruitment, you don’t need further proof of their legal right to work
However, if they have a temporary visa, employers should conduct right-to-work checks around the time of their document's expiry date.
From the 1st of October 2026, these checks will extend to a wider range of working relationships. This will include labour supply chains, subcontractors and some online matching platforms.
Who is affected by right to work law changes?
The introduction of new rules, which will be introduced from 1 October 2026 will extend civil penalty liability to a broader range of employment.
Your organisation could be affected if you:
If you have a contract with supply workers, a third party provides you a service, or you subcontract some or all the work another company who employs workers.
If your company operates an online platform that matches service providers with clients, where the service provider then contracts with the client or customer directly.
If you employ an individual to deliver services under a contract that allows them to replace another person to do the work in their place.
In each of these three scenarios, your organisation will be responsible for the right to work checks on any person who is providing the services, if you are not the direct employer.
It’s important to note that these provisions do not apply if your organisation is simply buying a service for its own use and is not pushing those services onward as part of a chain of contracts.
How do I prevent illegal working?
If the employee fails their right to work check, you shouldn’t employ them until they have obtained it.
This is the simplest way to avoid employing an illegal worker. Continuing to or employing an illegal worker could lead to your business receiving a civil penalty
Whatever the prospective worker's situation, the key to the right to work is evidence.
If an employee is struggling with the home office online service, support them and offer guidance.
Required evidence of the right to work
When completing a right-to-work check there are certain documents that you need to see and retain a copy of.
The Home Office has published two lists of acceptable documents that prove an individual's right to work.
List A is for employees who have a permanent right to work.
Such as:
British passport holders.
Individuals with Indefinite leave to remain.
Biometric Residence Permit (BRP) holders.
Settlers under the EU settlement scheme.
List B is for a person who’s right to work is time limited. You will need to perform follow-up checks to ensure that their documents, visas and work permits are still valid.
With any employee falling into this category, you will need to ensure that you are remaining legally compliant and keep a copy of their right-to-work evidence on file, this applies to A list documents, as well. Along with the following other documents (if needed):
A positive verification note was issued by UK Visa and Immigration.
A certification of application to non-EEA family members or EEA nationals/ Switzerland that is less than 6 months old.
An application registration card allowing employment.
Documents on these lists are acceptable documents for right to work checks. Employers will also need to carry out right to work checks using the Employer Checking Service as an application registration card is not enough to prove right to work.
If you fail to get any of these and still employ the individual, you will risk severe penalties, criminal convictions and business closure.
Explaining the common terms
As you are completing right-to-work checks on your employees. You may come across certain terms.
Manual RTW checks
This is conducted using the official list of acceptable documentation within the current legal guidance and your businesses processes. These should be kept securely on record.
Digital RTW checks
A Digital Identity Service Provider (IDSP) can be used for carrying out digital right to work checks. The provider will perform checks on your organisation’s behalf.
Online RTW checks
This is provided by the government and uses the employees share code. This can show whether the employees’ permission is time-limited or ongoing.
The Home Office provides a free online Employer Checking Service for instances where a candidate cannot provide the required documentation needed to conduct a manual check.
8 point right-to-work checklist
Now you know who you can employ and the documents you need, let’s explore the process.
Obtain the needed right-to-work documents.
Check the original documents are genuine.
Confirm that they are accurate and belong to the candidate.
Confirm that they allow the candidate to perform the work you are offering.
Make a clear copy of each document that cannot be manually altered.
Retain a secure copy.
Retain a copy of the date you made the above checks.
Proceed with the recruitment process.
If you’re concerned about keeping sensitive documents secure, take a look at Croner’s software solutions.Croner’s software solutions.
Get help from Croner on Right to Work checks
Knowing which documents are valid forms of right to work in the UK, can help you avoid hiring illegal employees and face criminal convictions or a civil penalty.
How you approach this situation depends on your circumstances. Employment and immigration law is liable to change meaning your business needs to stay vigilant.
If you need further guidance, Croner can provide it. Whether you need help managing documentation, support through the recruitment process, or have questions, you can speak with one of our HR and Employment Law advisers on 0800 470 9999