Use the checking route that applies to the individual, complete it before work starts and retain dated evidence. A check carried out by the wrong method may not create a statutory excuse.
Check every recruit consistently
Carry out checks on all prospective employees before they start work, regardless of nationality, accent, name or how long they appear to have lived in the UK. Applying a consistent process reduces both immigration and discrimination risk.
The check must confirm that the person has permission to do the specific work offered. Restrictions can relate to job type, hours or expiry date. Do not accept reassurance or an image of evidence without following the prescribed route.
- Build the check into every recruitment workflow
- Complete it before employment starts
- Check restrictions against the actual role
- Avoid assumptions based on protected characteristics
Choose the correct checking route
Many people with digital immigration status should be checked through the Home Office online service using a share code. British and Irish citizens with eligible passports may use an approved digital verification service, while a prescribed manual document check remains available in relevant cases.
The Employer Checking Service may be required where an individual has an outstanding application, appeal or administrative review and cannot demonstrate status through the normal online route. A Positive Verification Notice can provide a time-limited statutory excuse.
- Home Office online share-code check
- Approved digital verification for eligible British and Irish documents
- Prescribed manual original-document check
- Employer Checking Service where the guidance requires it
Match the evidence to the person and role
For online checks, access the employer service rather than relying on the applicant's own screen or PDF. Confirm that the photograph and details relate to the person presenting for work and that the result permits the proposed job.
For manual checks, examine original acceptable documents in the holder's presence, check consistency and signs of alteration, copy the required pages clearly and record the date the check was made. Follow current Home Office document lists.
- Verify identity in person or by permitted live video interaction
- Read work restrictions and expiry information
- Record the actual date of the check
- Escalate discrepancies rather than guessing
Retain evidence and schedule follow-up checks
Keep evidence securely for the duration of employment and a further two years after it ends, then destroy it securely. Access should be restricted and retention handled consistently with data-protection requirements.
Unlimited permission normally needs no repeat check. Where the statutory excuse is time-limited, record the follow-up date and complete the prescribed check before the excuse expires. Do not allow an HR reminder to become the only control.
- Store a clear, unalterable copy or online profile output
- Keep a dated audit trail of the method used
- Create more than one reminder for expiring permission
- Document Employer Checking Service outcomes
Understand the consequences of getting it wrong
An employer that employs an illegal worker without a statutory excuse can face a civil penalty of up to £60,000 per worker. Where an employer knew or had reasonable cause to believe the person was disqualified from working, criminal sanctions can apply.
A correct check does not authorise knowingly employing someone illegally, and responsibility remains with the employer even where parts of the process are delegated. Review the current Home Office guide whenever the process or evidence is uncertain.
- Civil penalties and publication of non-compliant employers
- Potential sponsor-licence and director consequences
- Criminal risk in knowing cases
- Operational and reputational disruption
Authoritative guidance: GOV.UK employer guide · GOV.UK checking service
Originally published 5 September 2024. This guide provides general information for employers and is not legal advice. Employment law and guidance can change; check current requirements and take advice on the facts of a live situation.