Ensuring your employees have the right to work in the UK is a legal obligation for all employers. Failure to conduct proper right to work checks can result in severe penalties, including fines of up to £20,000 per illegal worker, a revoked sponsor licence, or even criminal prosecution. This comprehensive guide will walk you through everything you need to know about right to work checks, including how to use a share code check, comply with sponsor duties and compliance, and avoid common pitfalls.
When Should Right-to-Work Checks Be Conducted?
Employers must conduct right to work checks at specific stages to ensure compliance with UK immigration laws. These include:
Before Employment Begins
A right to work check must be completed before an employee starts working. This applies to all workers, including UK nationals, overseas nationals, and those on a work visa UK.
Follow-Up Checks for Time-Limited Permissions
For employees with time-limited permission to work, such as those on a dependent visa UK or skilled worker visa, follow-up checks must be conducted before their permission expires.
During Sponsor Licence Audits
If your business holds a sponsor visa UK, you may be subject to a home office interview or audit. Ensure all right to work checks are up-to-date and documented.
After Changes in Immigration Status
If an employee’s immigration status changes (e.g., they switch from a dependent visa UK to a skilled worker visa), you must conduct a new right to work check.
Steps to Conduct Right-to-Work Checks
1. Identify the Worker’s Immigration Status
Determine whether the worker is a UK/Irish citizen, an overseas national, or holds a work visa UK.
2. Choose the Correct Verification Method
For UK/Irish citizens: Perform a manual document check using a valid passport or birth certificate.
For overseas nationals: Use the share code check system to verify their immigration status online.
3. Request the Required Documents
For manual checks, request original documents such as passports, BRPs, or proof of settled status.
For online checks, ask the worker to provide a share code to view a job applicant’s right to work details.
4. Verify the Documents
Check that the documents are genuine, unaltered, and belong to the worker.
For certificate of sponsorship UK holders, ensure the COS code matches the employee’s details.
5. Record and Retain the Evidence
Keep copies of all documents and records of online checks for at least two years after employment ends.
Right-to-Work Checks for Overseas Nationals
Overseas nationals require special attention during right to work checks. Here’s how to handle their verification:
1. Use the Share Code Check System
Most overseas nationals will provide a share code for online verification. This allows you to check someone's right to work quickly and efficiently.
2. Verify Their Visa Type
Ensure the worker’s visa type aligns with their role. For example, a skilled worker visa holder must meet the skilled worker salary threshold and have a valid certificate of sponsorship UK.
3. Check for Restrictions
Some visas, such as a dependent visa UK, may have work restrictions. Verify these details during the right to work check.
4. Conduct Follow-Up Checks
For time-limited visas, set reminders to conduct follow-up checks before the visa expires.
Common Right-to-Work Issues
1. Expired Visas
Failing to conduct follow-up checks for employees with time-limited visas can lead to illegal working and penalties.
2. Incorrect Documents
Accepting incorrect or fraudulent documents can result in fines and a sponsor licence revoked.
3. Failure to Retain Records
Employers must keep copies of right to work checks for at least two years. Failure to do so can lead to compliance issues during a home office interview.
4. Mismatched COS Codes
For skilled worker visa holders, ensure the COS code matches the employee’s details and role.
Documents Required for Right-to-Work Checks
Below is a table outlining the documents required for different types of workers:
| Worker Type | Documents Required |
| UK/Irish Citizens | Valid passport, birth certificate + proof of National Insurance |
| Overseas Nationals | BRP, share code, proof of settled status, certificate of sponsorship UK |
| Skilled Worker Visa | Valid COS code, proof of meeting skilled worker salary threshold |
| Dependent Visa UK | BRP, share code, proof of visa validity |
Sponsor Licence Compliance: What Employers Need to Know
If your business employs overseas nationals or holds a sponsor visa UK, you must adhere to strict sponsor duties and compliance requirements. Failure to comply can result in a sponsor licence suspended or sponsor licence revoked. Here’s what you need to know:
1. Record-Keeping
Maintain accurate records of all right to work checks, including copies of documents and online verification results.
For skilled worker visa holders, ensure you retain their certificate of sponsorship UK and proof of meeting the skilled worker salary threshold.
2. Reporting Duties
Report any changes in employee circumstances to the Home Office within 10 working days. This includes changes in job role, salary, or immigration status.
If an employee’s visa expires or they leave your business, you must report this promptly.
3. Compliance with Immigration Laws
Ensure all employees meet the requirements of their visa type. For example, skilled worker visa holders must work in a role listed on the appendix skilled occupations and meet the going rate skilled worker salary.
4. Paying the Immigration Skills Charge
When sponsoring a skilled worker, you must pay the immigration skills charge. This fee varies depending on the size of your business and the length of the visa.
Home Office Audits and Interviews
The Home Office may conduct audits or home office interviews to ensure your business is complying with immigration laws. Here’s how to prepare:
1. Mock Audits
Conduct internal mock audits to identify and address any gaps in your compliance processes.
Ensure all right to work checks are up-to-date and properly documented.
2. Prepare for Home Office Interview Questions
Be ready to answer questions about your sponsor duties and compliance, including how you conduct right to work checks and manage certificate of sponsorship UK records.
3. Monitor the Revoked Sponsor Licence List
Regularly check the revoked sponsor licence list to stay informed about non-compliant businesses and avoid similar mistakes.
Penalties for Non-Compliance
Failing to comply with right to work checks and sponsor duties can result in severe penalties, including:
- Fines
- Employers can be fined up to £20,000 per illegal worker.
- Sponsor Licence Suspension or Revocation
Non-compliance can lead to a sponsor licence suspended or sponsor licence revoked, preventing your business from hiring overseas nationals.
Nation.Better’s Compliance and Audit Services
Maintaining compliance with UK sponsorship duties is a critical yet complex task for businesses employing international talent. The consequences of failing to meet these responsibilities can be severe, from penalties to the loss of your sponsor licence.
With Nation.better’s sponsorship compliance services, our team of immigration specialists ensures you meet all your obligations seamlessly. From record-keeping and right to work checks to audits, we handle the details, so you can focus on growing your business.
If you need support with compliance, fill in this form , and our team will provide a tailored solution on how we can help safeguard your sponsorship status.