Right To Work Checks

Right to Work checks are a vital part of the pre-employment process as they allow employers to ensure that their candidates are legally allowed to work within the UK. Candidates are required to provide relevant documents, such as a passport or visa, to prove their eligibility to work permanently or whether they have a time-limit. It is illegal to employ someone, whether they are being paid or working as a volunteer, without checking if they have the right to work in the UK. Failing to do so could result in the employer receiving a fine from the Home Office.

Hopefully we can answer all of your Right to Work check questions below, but if you have any other questions, please feel free to contact us.

Who needs a Right to Work check?

All candidates should have their right to work in the UK checked - employers should not assume a candidate has the right to work just because they have applied for a position.

What is the process for a Right to Work check?

There are only 3 steps to a Right to Work check:

  1. Collect the candidate's original documents.
  2. Check the documents with the candidate.
  3. Make and safely file clear copies of the documents and record the date you checked them.

It really is that simple!

What documents do I need for a Right to Work check?

There are two lists of documents that you can accept as proof of a candidate's right to work in the UK. These lists have been created by the Home Office and only the documents included on these lists can be used.

  • List A – documents accepted for candidates with a permanent right to work.
    Performing a Right to Work check on a candidate with permanent right to work in the UK, before they begin their employment with you, will last for the full term of their employment at your company.
  • List B – documents accepted for candidates with a temporary right to work.
    Candidates with a time-limited right to work in the UK will need to have their right to work re-checked when their permission to be in the UK comes to an end (this is based on the expiry date on the document used for the Right to Work check).
How do I check a candidate's documents for a Right to Work check?

Vetting.com is built to help and give you peace of mind that you've done these checks correctly, as there are parts of the check you will need to do yourself. You will need to check:

  • The documents have not been tampered with, are genuine and belong to the candidate.
  • Photographs are true of the candidate.
  • Date of birth is consistent across documents.
  • Expiry dates for permission to be in the UK are still valid.
  • Cross-reference dates with ID documents and work permits (if you are unable to do this, you must contact the candidate's embassy/consulate to confirm).
  • If there are any restrictions on type of work the candidate is allowed to do e.g., maximum hours per week.
  • If the candidate's documents have different names, you must ask for documentation to explain the name history e.g., marriage/civil partnership/divorce certificate, deed poll, adoption certificate etc. Please ensure you make copies and safely store these documents alongside the candidate's ID documents.
Why should I use Vetting.com for a Right to Work check?
  • Audit trail – our platform adds time, date and personnel stamps which are stored, non-editable and available to be exported, should you need to evidence your audit trail.
  • Support – our platform provides support to help guide candidates through the check, making sure they know how and what to complete.
What do the results of a Right to Work check show?

Within Vetting.com, you will be able to confirm the result as 'complete'. The Vetting.com platform doesn't determine whether a prospective employee has the eligibility to work in the UK or not. You must ascertain this during the checking process.

If you have concerns around the validity of the documents provided, we advise you to seek help from the Home Office.

How long do Right to Work checks take?

Once approved as 'complete', you can immediately download a summary report.

Do British citizens need a Right to Work check?

Yes. Employers should never assume someone's right to work in the UK. You can check a British candidate's right to work using their UK passport or documents stated in List A of the Home Office code.

Do volunteers need a Right to Work check?

Yes. The guidance provided by the Home Office is that employers should undertake a Right to Work check on all candidates, whether they are being paid or volunteering.

How long do I need to store copies of Right to Work documents for?

Dated, unalterable copies of all your employees' right to work documents should be kept for the entirety of their employment with you, and then for 2 years after their employment with you has ended. This is in case you are asked to prove a person’s right to work in the UK. If you are unable to provide copies of the documents, and you are employing a potential illegal worker, you may be liable for a civil penalty.

What do I do with the documents after an employee has left the company?

You must keep copies of your employees' right to work documents for 2 years after their employment with you has ended. After this, you will need to delete the documents manually from Vetting.com.

COMPLETION TIME: IMMEDIATE

COVERAGE: UK

Our platform provides the option of a single or multi check report for all checks that you carry out. All the information you need is available to read and save at the click of a button.

Request Demo