Right to work check

GOV.UK says employers must check that a job applicant is allowed to work for them in the UK before they employ them. The check is a legal duty on the employer, not a test of the worker. Done correctly, it gives the employer a defence, which GOV.UK calls a statutory excuse, against a civil penalty if the person later turns out not to have the right to work.

For internationally recruited health professionals, the check usually happens during pre-employment checks, alongside your DBS check, references and occupational health clearance.

Everyone the employer takes on is checked, including British and Irish citizens. GOV.UK says employers do not need to check EU, EEA or Swiss citizens who were already employed before 1 July 2021.

How you prove your right depends on your status:

• eVisa holders, including people on a Health and Care Worker visa, usually give the employer a share code and their date of birth so the employer can check online.
• British and Irish citizens show a passport, or may be able to use an identity service provider (IDSP) if the employer offers this.

GOV.UK describes three steps for the employer:

1. Obtain the original documents, or the applicant's online share code.
2. Check the documents or online record are genuine, belong to the person, and show they can do the work, with the applicant present.
3. Copy the documents or save the online result in a form that cannot be changed, and record the date of the check.

To get a share code, you sign in to the GOV.UK view and prove your immigration status service with your UKVI account. GOV.UK says a share code lasts for 90 days and can be used as many times as you need before it expires.

If your permission to work is time-limited, the employer must check again before it expires. GOV.UK says employers must keep copies of the check for the whole time you work for them and for 2 years after you leave.

GOV.UK states that an employer can face a civil penalty of up to £60,000 for each illegal worker if it has not carried out correct checks. Knowingly employing someone without the right to work is a criminal offence that can lead to up to 5 years in prison and an unlimited fine. There is no fee for the worker to generate a share code.

• Expired share code. Codes last 90 days, so generate a new one if the start date slips.
• Work restrictions. The online check shows the conditions of your visa, such as working only for your sponsor.
• UKVI account details out of date. Update your passport in your UKVI account so the check matches your documents.
• Starting work before the check. Employers should complete it before your first day.

See our Health and Care Worker visa guide for the steps before your start date.