What is a UK right to work check?
A UK right to work check is the prescribed process used to confirm that a person has permission to carry out the work in question. A compliant check completed before work starts can give an organisation a statutory excuse against a civil penalty if the individual is later found to be working illegally.
The Border Security, Asylum and Immigration Act 2025 and the updated Code of Practice on Preventing Illegal Working expanded the scheme from 1 October 2026. Right to work obligations are no longer limited to employees working under contracts of employment.
Organisations may now need to carry out right to work checks when engaging individuals under worker contracts, using individual subcontractors such as sole traders, or operating certain online matching services. The correct check must be completed before the individual starts work.
The change closes compliance gaps in flexible labour, agency, subcontracting and gig-economy arrangements. It also increases the importance of consistent identity checks, written contractual safeguards and auditable records across supply chains.
Right to work check penalties in 2026
An organisation that fails to carry out a compliant right to work check can face a civil penalty of up to £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach within three years. Knowingly employing an illegal worker, or having reasonable cause to believe that a person is disqualified from working, can also lead to criminal liability, an unlimited fine and up to five years’ imprisonment.
The financial and operational consequences of failing to perform proper checks include:
- Civil Penalty Fines: Up to £45,000 for a first breach per illegal worker, rising to £60,000 for repeat breaches.
- Sponsor Licence Sanctions: Immediate suspension or revocation of your UK Visa Sponsor Licence, preventing you from sponsoring migrant workers.
- Criminal Liability: Up to 5 years imprisonment and an unlimited fine for directors or managers who knowingly engage illegal workers.
- Public Reputational Damage: Inclusion on published Home Office civil penalty lists and loss of commercial contracts.
How to conduct a right to work check: share code, manual check or digital verification
Employers can establish a statutory excuse by using the appropriate official verification method for the individual’s immigration status and documents. The three main routes are a Home Office online right to work check, a manual document check, or a digital check through a certified provider.
| Verification Method | Target Group / Status | How It Works | Retention Requirements |
| Home Office Online Check (share code right to work) | eVisa holders, BRP holders, EUSS status holders | Input worker’s 9-character Share Code and Date of Birth into the GOV.UK portal. Verify photo match. | Save a digital or printed copy of the output profile showing the check date. |
| Manual Document Check (manual right to work check) | British and Irish passport holders (or original List A/B documents) | Inspect original physical documents in person or via live video link. Verify photographs and dates. | Copy document, endorse with “Date check performed,” and store securely. |
| IDVT Digital Check (digital right to work check IDVT) | British and Irish citizens with valid passports | Use a certified Digital Identity Service Provider (IDSP) listed on the OfDIA register. | Retain the verified IDSP output record in company records. |
Who is covered by the extended right to work scheme?
The 2026 rules cover a wider range of arrangements in which an individual personally provides work or services outside a traditional payroll relationship, including:
- Workers and Individual Subcontractors: Engaging freelancers, sole trader contractors, or agency staff on worker contracts now requires verification before work commences.
- Third-Party & Subcontracting Chains: Businesses that supply or receive outsourced services may retain right-to-work obligations even if they are not the direct employer.
- Online Matching Services & Platforms: Digital platforms connecting customers with service providers (e.g., gig economy apps, contractor portals) fall directly under the expanded compliance requirements.
- Substitute Workers: If a contract allows an individual to send a substitute, a full right-to-work check must be completed for that substitute before they start their shift.
What is extended liability for right to work checks?
Extended liability allows Home Office enforcement action to reach beyond the direct employer to principal contractors, higher-tier businesses or online matching platforms in certain non-direct contractual arrangements. Where a subcontractor or platform fails to verify a worker’s status, another business in the chain may face liability unless the prescribed contractual terms, substitution controls and identity-verification measures were in place before work began.
Extended liability applies in scenario settings such as:
- Subcontracted Project Delivery: A main contractor hires a subcontractor, who further subcontracts work to sole traders without valid checks.
- Online Matching Platforms: An online matching service connects a service provider with a client or customer to provide work or services, and the service provider subsequently enters into a contract with that client or customer.
- Unchecked Substitutes: A contractor sends a replacement worker whose right to work was never verified prior to arriving on site.
Examples of extended liability in construction and online platforms
Example 1: Construction supply chain. A construction company contracted to build new homes engages several businesses through a chain of contracts to supply workers for different parts of the project.
The construction company may fall within the scope of extended liability because it is contractually responsible for delivering the work and sits above other businesses in the subcontracting chain.
Example 2: Online matching service. A homeowner uses an online platform to find an electrician. The platform makes the match, and the electrician then contracts directly with the homeowner to carry out the work.
Depending on the contractual arrangements and the platform’s role, the online matching service may fall within the extended liability provisions for right to work checks.
Right to work compliance support from Bridge Partners
Bridge Partners helps employers, main contractors, digital platforms and Sponsor Licence holders prepare for Home Office scrutiny. Our business immigration team can review your right to work processes, identify supply-chain risk and help you build a clear audit trail. Support includes:
- Right-to-work compliance audits: Reviewing payroll, contractor rosters, and agency supplier chains.
- Contract & policy updates: Drafting robust right-to-work, audit-rights, and substitution clauses into contractor/subcontractor agreements.
- Sponsor licence protection: Strengthening onboarding, record-keeping and follow-up check systems to support your statutory excuse and sponsor compliance duties.
- Staff & management training: Tailored sessions covering the extended rules for HR, procurement, and hiring managers.
UK right to work checks: frequently asked questions
Do employers need retrospective right to work checks for existing contractors?
The extended rules generally apply to arrangements entered into on or after 1 October 2026. Organisations should nevertheless review renewals, replacement arrangements and any follow-up checks due after that date to confirm which requirements apply.
Can employers use a physical Biometric Residence Permit for a right to work check?
No. Employers should use the Home Office online service with the individual’s share code and date of birth where the person holds digital immigration status. Keep a clear copy of the online profile showing the date the check was completed.
Are digital right to work checks mandatory for British and Irish citizens?
No. Digital identity checks are optional for eligible British and Irish passport holders. If an employer chooses this route, the digital verification service must be certified and listed on the government’s Digital Verification Services register for right to work checks.
Need help updating your right to work procedures? Contact us for a right to work compliance audit, contractor onboarding review or Sponsor Licence risk assessment.
