1. Why You Need to Prove Your Right to Work in the UK
Every employee in the UK must provide proof of their legal right to work before starting a job. This requirement helps ensure compliance with UK immigration law and prevents illegal employment.
Employers are legally obligated to verify the right-to-work status of all new hires, regardless of nationality or length of employment.
Who Needs to Provide Proof
- UK Citizens: Must confirm their nationality and unrestricted right to work.
- EU/EEA and Swiss Nationals: Must show settled or pre-settled status, or a valid visa if they arrived after 1 January 2021.
- Non-EU Nationals: Must provide valid immigration documents or digital proof from the Home Office confirming the right to work.
Failure to provide valid proof can delay employment and may result in penalties for both the worker and the employer.
2. Accepted Documents to Prove the Right to Work
The UK Home Office recognises two main categories of documents for right-to-work checks — List A and List B.
List A: Documents for an Indefinite Right to Work
These prove a permanent right to work in the UK and do not require follow-up checks.
Accepted documents include:
- British or Irish Passport – Confirms an unrestricted right to work.
- Certificate of Naturalisation or Registration as a British citizen.
- Indefinite Leave to Remain (ILR): A valid Biometric Residence Permit (BRP) or a Home Office letter confirming ILR status.
- EEA or Swiss Settled Status: Verified via the Home Office online service.
List B: Documents for a Time-Limited Right to Work
These confirm temporary permission to work and require follow-up checks when the document expires.
Accepted documents include:
- Biometric Residence Permit (BRP): For those on temporary work or family visas.
- Frontier Worker Permit: For EU nationals living outside the UK but working within it.
- Digital Status via Share Code: Provided through the Home Office online service.
3. Using the Home Office Online Right-to-Work Service
For many visa holders and EU Settlement Scheme participants, the Home Office online service offers a secure and convenient way to prove work eligibility.
How It Works
- Generate a Share Code: Visit the Home Office Right to Work Check service and follow the prompts.
- Provide the Code to Your Employer: Share your code and date of birth.
- Employer Verification: The employer enters the details at https://www.gov.uk/view-right-to-work to confirm your legal right to work.
This digital method is preferred for:
- Visa holders with digital status.
- EU, EEA, or Swiss nationals with settled or pre-settled status.
- Those without physical immigration documents.
Note: British and Irish citizens must still provide physical documents such as a passport — the online system is not available for them.
4. Step-by-Step Guide for Employees
To prove your right to work efficiently, follow these steps:
Step 1: Gather Accepted Documents
Select a valid document from List A or List B, or use the Home Office online service to generate a share code.
Step 2: Prepare Supporting Evidence
If applicable, prepare additional proof such as visa documents, residence permits, or Home Office letters.
Step 3: Present to Employer
Provide the original document in person or share your digital share code for online verification.
Step 4: Maintain Updated Records
If your visa or residence permit is time-limited, notify your employer of any renewal or status change to remain compliant.
5. Verification Process for Employers
Employers must carry out right-to-work checks before employment begins. These checks help avoid civil penalties and ensure compliance with UK immigration law.
Employer Verification Steps
- Obtain Documents or Share Code: Ask for an original document from List A or B, or a digital share code.
- Check Validity: Verify the document’s authenticity and ensure the details match the employee’s identity.
- Keep Records: Retain a clear copy or digital record and note the date the check was conducted.
- Set Follow-Up Reminders: For time-limited visas (List B), schedule follow-up checks before expiry.
Compliance Tip
Employers who complete checks correctly are granted a “statutory excuse,” protecting them from penalties if an employee is later found to lack the right to work.
6. Tips for Maintaining Proof of Right to Work
- Keep Documents Updated: Renew visas or permits promptly and notify your employer.
- Use the Online Service: Share updated immigration status quickly through the Home Office system.
- Retain Copies: Keep scanned or digital copies of your proof for future reference or job applications.
- Avoid Expiry Gaps: Ensure your right-to-work documentation remains valid at all times to prevent employment disruption.
7. Frequently Asked Questions (FAQs)
1. Can I prove my right to work without a passport?
Yes. You can use other documents such as a Biometric Residence Permit, Certificate of Naturalisation, or a share code via the Home Office service.
2. Do I need to prove my right to work more than once?
Usually only when you start a new job or if your visa status changes. Employers may conduct follow-up checks if your right to work is time-limited.
3. Do British citizens need to prove their right to work?
Yes. British citizens must show proof of nationality, typically a passport or birth certificate with additional identification.
4. What if I can’t provide the required documents?
You may need to contact the Home Office for replacement documents or apply for confirmation of your immigration status.
5. Can employers use the online service for UK citizens?
No. The online service is only for non-UK nationals. British and Irish citizens must present physical documents.
6. Can I use one share code for multiple employers?
No. Each share code is valid for one employer and is active for 30 days. You can generate new codes as needed.
8. Conclusion
Proving your right to work in the UK is a crucial legal step for both employees and employers. Whether using physical documents or the Home Office’s digital verification system, ensuring your records are accurate and current will help you stay compliant with UK employment laws.
By understanding which documents are accepted, how to use the online verification service, and when to update your records, you can confidently meet all right-to-work requirements.
For expert assistance with right-to-work compliance or visa verification,
contact Martin Taggart — your trusted UK immigration adviser.