When must a right to work check be carried out?

Before the person starts work. A check completed after the first day does not give you a statutory excuse for the period already worked, and continuing to employ someone without a valid check exposes you to a civil penalty. Carry out the same check for every new starter, including British citizens, to avoid a discrimination claim.

What is the penalty for employing someone without the right to work?

Civil penalties rose in February 2024 to up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches. Where an employer knew, or had reasonable cause to believe, that the person had no right to work, it is a criminal offence carrying up to five years' imprisonment. A properly conducted and retained check is the defence.

How do I check the right to work for someone with an eVisa or share code?

Use the Home Office online service and the share code the person provides, together with their date of birth. Check that the photograph matches the individual, and retain a copy of the online profile page with the date of the check. For anyone with digital immigration status, the online check is the only route that gives a statutory excuse — a physical card is not acceptable.

How long must right to work records be kept?

For the full duration of employment and for two years after it ends. Keep them in a format that cannot be altered, with the date of the check clearly recorded. Store them securely and separately from general HR files, since they contain identity documents subject to UK GDPR.

Reviewed by David White · Director · MCIPD, BA (Hons), MA Strategic HRM · Updated 21 June 2026

Templates · Excel · Onboarding Checklists

Right to Work Check Record

Free Excel download for UK employers, written and reviewed by our HR team.

An Excel register for recording the statutory Right to Work check, compliant with current Home Office guidance and giving you the statutory excuse against a civil penalty. Includes follow-up dates for time-limited documents.

What this record covers

The employee's name, role, start date and the date the check was carried out
Which check route was used: manual document check, Identity Service Provider, or the Home Office online service
The document or share code details and the expiry date of any time-limited permission
The name of the person who carried out the check
A follow-up date for time-limited permission, so the repeat check is not missed
A retention column running to two years after employment ends

When to use this record

Complete for every new hire before their first day of work.

How to carry out a compliant check

1
Check before the first day of work
The check must be completed before employment begins. A check carried out after the start date does not give you the statutory excuse for the period before it.
2
Use the right route for the person
British and Irish citizens can be checked manually against a passport, or digitally through a certified Identity Service Provider. Anyone with an eVisa or digital immigration status must be checked through the Home Office online service using a share code — a physical document is not acceptable for them.
3
Record and date the evidence
Keep a clear copy of the document or the online profile, record the date the check was made, and keep it unalterable. An undated copy is worth nothing if the Home Office asks.
4
Diarise the follow-up check
Where permission to work is time-limited, a repeat check is required before it expires. The register's follow-up column exists for exactly this.
5
Keep the record for two years after employment ends
Retention is what turns a compliant check into a defence. A properly conducted and retained check gives a statutory excuse against a civil penalty, which can reach £60,000 per illegal worker for a repeat breach.

How to complete it

Conduct the check in person, via a certified Identity Service Provider or through the Home Office online service, then record it in the register. Retain each record for 2 years after employment ends.

Common mistakes we see

Accepting a biometric residence permit or physical card where the person holds digital status and a share code is required
Carrying out the check on day one rather than before work starts
Copying documents without recording the date of the check
Missing the follow-up date for time-limited permission
Checking only some new starters, which is both non-compliant and a discrimination risk — check everyone

This template is provided for general use and does not constitute legal advice. If your situation is complex, contact one of our HR experts before sending or signing.