Published: 16 May 2026
By Dr. Elshad Huseynov, E & S Consultancy UK Limited
Right-to-work checks in 2026 are one of the biggest legal risk areas for UK employers. A weak checking process can lead to civil penalties, illegal working exposure and, for licensed sponsors, wider Home Office compliance problems. The rules are no longer just about seeing a passport and taking a copy. Employers need to use the correct checking method, understand when an online check is required, know when a follow-up check is necessary and avoid relying on outdated documents such as expired BRPs.
This is especially important for businesses operating under a UK sponsor licence for employers, where weak right-to-work systems can also increase wider sponsor compliance risk. This guide explains what every UK employer must do in 2026, the main mistakes to avoid and how to structure a right-to-work process that is both legally compliant and commercially practical.
In 2026, UK employers must complete the correct right-to-work check before employment starts, keep evidence of the check and repeat it where the worker has time-limited permission. Using the wrong method or relying on outdated documents can expose the employer to civil penalties and wider compliance risk.
Quick Summary: Right-to-Work Checks in 2026
| Issue | 2026 position for employers |
|---|---|
| When to check | Before employment starts; follow-up checks where the right to work is time-limited |
| Main check types | Manual check, digital verification service for valid British or Irish passports, or Home Office online check |
| eVisa cases | Many non-British and non-Irish workers now prove status online |
| BRPs | Expired physical BRPs are no longer acceptable proof for a statutory excuse |
| Employer Checking Service | Used where a Positive Verification Notice is required |
| Civil penalties | Up to £45,000 per illegal worker for a first breach and up to £60,000 for a repeat breach |
| Discrimination | Checks must be applied consistently and fairly to all prospective employees |
That is the practical framework employers should be working to in 2026. It reflects the current employer guide, the illegal working code of practice and the discrimination code of practice.
What Is a Right-to-Work Check?
A right-to-work check is the prescribed process by which an employer confirms that a person is legally allowed to carry out the work in question. If the employer completes the check correctly, it can establish what is known as a statutory excuse against liability for a civil penalty if the worker later turns out not to have had the right to do that work. In practical terms, that makes the check one of the employer’s most important legal protections at the point of hire.
The value of the check depends on using the correct prescribed route. A casual visual inspection, a screenshot sent informally or an assumption based on the person’s nationality will not do. The employer must use the right method for that worker’s status and then retain evidence in the correct way.
For licensed sponsors, these checks form part of the wider duties and responsibilities of a sponsor licence holder.
Why Right-to-Work Checks Matter More in 2026
The legal consequences of getting right-to-work checks wrong are substantial. The current code of practice provides for a maximum civil penalty of £45,000 per illegal worker for a first breach and £60,000 per illegal worker for a repeat breach. In more serious cases, knowingly employing a person without the correct immigration status may expose the employer to criminal liability.
For sponsor licence holders, the issue is even wider. Weak right-to-work checks may signal to the Home Office that the employer’s broader HR and compliance systems are unreliable. That can become relevant in sponsor compliance reviews or visits. Even where no sponsorship is involved, however, right-to-work checking should be treated as core legal process design, not merely recruitment administration.
The Three Main Right-to-Work Check Methods
In 2026 there are three main prescribed ways to establish a statutory excuse. The first is a manual right-to-work check. The second is a right-to-work check using a Digital Verification Service for British and Irish citizens with a valid passport or Irish passport card. The third is a Home Office online right-to-work check, which is generally the relevant route for non-British and non-Irish citizens and many eVisa holders. The current employer guide states that the method used depends on the worker’s nationality, their permission and, where relevant, the worker’s preference.
That last point matters. Employers cannot simply impose a method because it is more convenient. The current guidance makes clear that employers should provide a reasonable opportunity for the person to prove their right to work through an appropriate prescribed route.
Manual Checks: When They Still Apply
Manual checks remain part of the 2026 framework. Where a manual route is permitted, the employer must see the original documents, check them in the presence of the holder, satisfy itself that they appear genuine and belong to the person presenting them, and keep copies with the date of the check recorded. The employer guide also states that passport copies should include the pages showing the document expiry date, nationality, date of birth, signature, immigration permission, photograph and any page containing information about permission to work. Copies must be kept for the duration of employment and for two years afterwards.
Manual checks remain particularly relevant for some British and Irish citizens who do not use a digital process. But employers should be careful not to treat manual checking as a universal default, because many non-British and non-Irish workers will now need to be checked online instead.
Online Checks, eVisas and Expired BRPs
The shift to eVisas has changed how many workers prove their right to work. For many non-British and non-Irish citizens, the correct route is now the Home Office online service using a share code. The employer must use the employer part of the online service, check that the online photograph matches the individual presenting for work and only employ the person if the online check confirms the right to do the work in question.
A particularly important point for 2026 is that an expired physical BRP is not acceptable proof by way of a manual check. Where a person has an expired BRP but ongoing permission, the employer will only establish a statutory excuse if it carries out an online right-to-work check in line with the guidance. That is a significant practical shift for employers still used to relying on physical cards as the main proof of immigration status.
This is particularly relevant where employers are seeking to sponsor workers already in the UK and need to distinguish between right-to-work evidence and sponsorship eligibility.
Digital Verification Services for British and Irish Citizens
A Digital Verification Service can be used for right-to-work checks on British and Irish citizens who hold a valid passport, including an Irish passport card. The employer guide explains that this route has been available since 6 April 2022 and now uses the term Digital Verification Service rather than older terminology. The employer must still obtain evidence of the check from the provider and must reasonably believe that the provider has carried out the check in accordance with the relevant requirements.
For employers, a DVS can improve speed and consistency, especially at scale, but it does not remove responsibility. The legal protection still depends on the employer ensuring that the prescribed process has actually been followed.
Employer Checking Service and Positive Verification Notices
Some cases cannot be resolved immediately by a manual or online check. Where the employer is reasonably satisfied that the worker has an outstanding in-time application, appeal or administrative review, or otherwise falls within a category where Home Office confirmation is needed, the Employer Checking Service may become necessary. A Positive Verification Notice provides a statutory excuse for six months from the date stated in the notice, while a Negative Verification Notice does not.
Where the employer previously had a statutory excuse and the worker’s leave has expired, there can be a limited 28-day period in which the employer can obtain a Positive Verification Notice if it is reasonably satisfied that the worker has a qualifying pending case. In practical terms, however, employers should avoid treating this as a comfort zone. Pre-employment cases are safer when the prescribed check is complete before the worker starts.
Follow-Up Checks: When Employers Must Check Again
A right-to-work process does not necessarily end on day one. Where the person has time-limited permission, the employer should carry out a follow-up check shortly before that permission expires if it wants to retain the statutory excuse. This is one of the most common areas where businesses make avoidable mistakes: the original check may have been correct, but there is no reliable internal system for reviewing the case before expiry.
For employers, follow-up checks should sit inside a diary, HR system or compliance workflow rather than depend on memory. For sponsor licence holders, this should also align with wider visa-expiry and reporting controls. For non-sponsors, the same principle still applies. A compliant right-to-work process is only as strong as its reminder and escalation system.
Employers using structured systems such as ComplianceGuard are generally better placed to track visa expiry dates and follow-up right-to-work checks.
Right-to-Work Fines and Civil Penalties in 2026
The current civil penalty framework remains deliberately severe. As noted above, the current code of practice allows for penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 for a repeat breach. The level imposed will depend on the circumstances, but the maximum figures alone should make clear that this is not an area where employers can afford casual processes.
A proper statutory excuse does not arise because the employer meant well. It arises because the employer completed the prescribed check correctly and can prove that it did so. That is why training, standardisation and evidence retention matter so much.
How to Avoid Discrimination While Carrying Out Checks
A legally sound right-to-work process also has to be a fair one. The current code of practice on discrimination says employers should be consistent in how they conduct checks on all prospective employees, including British citizens, and should not check only those who appear likely to be migrants. Employers should not make assumptions about a person’s right to work based on colour, nationality, ethnic or national origins, accent, surname or how long they have lived in the UK.
From a practical perspective, the safest system is a standardised recruitment process in which every prospective worker is asked to demonstrate their right to work at the same stage and through an appropriate prescribed route. That approach reduces both discrimination risk and compliance inconsistency.
Common Right-to-Work Mistakes Employers Still Make
Several errors continue to appear repeatedly in practice. One is reliance on outdated methods, especially assuming that an expired BRP copy is enough. Another is using the wrong prescribed check for the worker’s status. A third is forgetting follow-up checks where permission is time-limited. A fourth is poor evidence retention. A fifth is carrying out checks inconsistently across different applicants and thereby creating discrimination risk.
For licensed sponsors, another common mistake is treating right-to-work checks as separate from wider sponsor compliance. In reality, the same weak HR habits often affect both. A business that cannot produce a coherent right-to-work record is unlikely to look strong in a wider compliance review. Weak right-to-work processes can be exposed during a UKVI sponsor compliance visit.
Case Study: Where Employers Commonly Go Wrong
A medium-sized employer recruits a worker already in the UK. The worker presents an expired BRP and explains that their status is now digital. The recruiting manager copies the card, puts it on file and allows the person to start work. Months later, during an internal review, the business realises it never completed the prescribed online check and never obtained the Home Office result that would have supported a statutory excuse.
That is a realistic 2026 compliance problem. The issue is not always deliberate wrongdoing. Often, it is a process that has not kept pace with the move to eVisas and online checking. Employers that update onboarding procedures, train managers and standardise evidence retention are much less likely to create this kind of avoidable exposure.
Frequently Asked Questions
Do all UK employers need to carry out right-to-work checks?
Yes. The duty applies across the UK workforce before employment starts, not only to sponsor licence holders.
Can an employer insist that everyone uses the same check method?
No. Employers cannot mandate how an individual proves their right to work and should allow a reasonable opportunity to use the appropriate prescribed route.
Are expired BRPs acceptable proof in 2026?
Not for a manual statutory excuse. The current guidance says an expired physical BRP does not establish a statutory excuse by manual check and that an online check is required where applicable.
What is a Positive Verification Notice?
It is Home Office confirmation from the Employer Checking Service that gives the employer a statutory excuse for six months from the date stated in the notice.
What are the current civil penalties for illegal working?
Up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for a repeat breach.
Conclusion
Right-to-work checks in 2026 are far more than a recruitment box-ticking exercise. They are one of the employer’s most important legal protections and one of the clearest indicators of whether recruitment systems are genuinely compliant. The real question is not whether a document was seen, but whether the correct prescribed check was completed before work began, whether the evidence was retained properly and whether any follow-up check was diarised where needed.
For employers that recruit at scale, sponsor workers or rely on multiple hiring managers, the safest approach is to standardise the process and train staff around the current 2026 rules. A right-to-work system that is legally correct, operationally clear and consistently applied is one of the simplest ways to reduce both civil penalty exposure and wider compliance risk.
Need Advice on Right-to-Work Checks?
If your business wants to review its recruitment process, update its 2026 right-to-work procedure or align sponsor compliance with wider workforce checks, it is often better to fix gaps proactively than to discover them during an audit or Home Office intervention.
Free Visa Assessment
https://esconsultancy.co.uk/free-visa-assessment/
Schedule Consultation
https://calendly.com/info-esconsultancy
Phone: +44 (0) 208 947 0810 or +44 (0) 7852 771100
WhatsApp: Message us on WhatsApp
Email: info@esconsultancy.co.uk
About the Author
Dr Elshad Huseynov is the Founder and Managing Director of E&S Consultancy UK Limited, a London-based immigration consultancy specialising in UK sponsor licence applications, Skilled Worker visas and corporate immigration compliance advisory services. With over 20 years of experience in UK immigration law, he advises employers across multiple sectors on sponsorship strategy, right-to-work compliance and Home Office regulatory requirements.