Right to Work Checks: Compliance Reminder for Sponsor Licence Holders

Acceptable RTW checks

• Digital checks via the Home Office online service (share code)
• Manual document checks where digital verification is not available
• Digital identity verification for British and Irish citizens
  

Conducting RTW checks

For visa holders / sponsored workers
Employers should conduct a digital Right to Work check using the Home Office online service:

• Request a share code from the employee
• Access the employer checking service here
• Review their permission to work, work restrictions, and visa validity dates
• Check the individual’s passport to compare true likeness (this may be completed via video call)
• Save a copy of the profile confirming the check outcome and date completed

For British and Irish citizens

Employers may:

• Conduct a manual document check using an original valid passport; or
• Use an Identity Service Provider (IDSP) for digital identity verification - Approved Identity Service Provider can be found here

When carrying out checks, employers must ensure:

• The photograph and personal details match the individual presenting for work
• Any work restrictions are reviewed and understood
• Copies of documents or online check results are retained securely with the date of the check recorded

Record keeping

Employers must retain clear evidence of:

• Copy of passport or ID document
• RTW check completed and date of check (online verification result)
• Certificate of Sponsorship (CoS)
• Immigration status outcome

Update: RTW check timing and statutory excuse

Where a RTW check is carried out before the visa start date or before permission becomes valid, it will not establish a statutory excuse against liability for illegal working. The RTW check must be repeated once the individual’s permission becomes active, and the individual must not commence employment until a valid check has been completed at the correct time.

Practical impact for sponsors and employers

Not completing a fresh RTW check once immigration permission becomes valid can lead to loss of statutory excuse and exposure during Home Office audits. This may result in compliance findings and, for sponsor licence holders, increased scrutiny of wider HR and sponsorship processes.

To clarify:

• A check completed before the start of the visa is not valid for statutory excuse purposes
• Employers cannot rely on that check, even if the visa has been granted
• A new RTW check must be completed on or after the date the permission becomes valid
• Employment must not begin until a valid check has been carried out at the correct time
• Supporting documents or online verification result should be kept on the employee file

This update is intended as a general guide and does not replace tailored legal advice. If you have questions on any of the topics above, please do not hesitate to contact us.