Right to work checks for overseas employers

Before your UK hire's first day, you have one compliance job that catches a lot of overseas employers off guard: proving they're legally allowed to work in the UK. Get it right and you have a "statutory excuse" that protects you. Skip it, or do it sloppily, and you're exposed to civil penalties that now run into five figures per worker. Here's how to do it properly.

Why this matters even if you have no UK entity

The duty to prevent illegal working applies to anyone employing a worker in the UK, it is not limited to UK-registered companies. If you're hiring someone to live and work in Britain, you are expected to carry out a right-to-work check before they start, and to keep evidence of it. Running compliant UK payroll through a direct payment scheme doesn't remove this obligation; it sits alongside it. From 1 October 2026 the checks also reach beyond employees: they apply to people you engage on a worker's contract, individual subcontractors, and online matching services that put individual service providers in touch with customers. The Home Office guide that came into force on that date sets out the detail.

The three ways to check

There are three accepted methods, and which one you use depends on the person:

• Online check (share code). Most non-British employees, and anyone with an eVisa or settled/pre-settled status, prove their right to work by giving you a share code beginning "W". You enter it with their date of birth on the Home Office service and view their status. This is the cleanest route for overseas employers.
• Digital check through a certified Digital Verification Service (DVS) provider, for British and Irish citizens who hold a valid passport (including an Irish passport card) and want to verify digitally. You stay responsible for making sure the provider's check is done correctly.
• Manual check of original documents (such as a passport). You must physically hold the originals (for example, sent to you by post) and check them against the holder in person or on a live video call, then keep a clear copy. Seeing the document only on video, or a scan, isn't enough. Harder to do from abroad, but still valid.

For an online or DVS check done correctly, you don't need to see the physical document, which is exactly why the share-code route suits employers who aren't in the same country as their new hire.

What gives you the "statutory excuse"

The statutory excuse is your legal protection. To hold it you must:

• Carry out a permitted check (one of the three above) before employment starts;
• Confirm the person is who they say they are and the documents/status are genuine and current; and
• Keep a dated record, the online check profile, or copies of documents, for the duration of employment and for two years after it ends.

If someone has time-limited permission to work, you must also diarise a follow-up check before that permission expires to keep the excuse alive.

The penalties for getting it wrong

The civil penalty for employing someone without the right to work is severe: up to £45,000 per illegal worker for a first breach and up to £60,000 per worker for repeat breaches. Employing someone when you know, or have reasonable cause to believe, they can't legally do the work is also a criminal offence, carrying up to five years' imprisonment and an unlimited fine. A properly evidenced check is what stands between you and that exposure, which is why this is worth doing carefully, not at the last minute.

Where this fits in the hiring process

For overseas employers, the right-to-work check sits right at the front of onboarding, alongside the employment contract, payroll setup and pension assessment. It's a small task that protects a large liability. For the wider picture, see our full guide to hiring in the UK from overseas.

Short FAQ

Can I rely on a check my recruitment agency did? No. A check carried out by a third party, such as a recruitment agency or your professional adviser, doesn't give you a statutory excuse, even if you hold the evidence. The exception is a check done through a certified DVS provider (for example, a digital check on a British or Irish passport holder), and even then you stay responsible for the check being done correctly. Do the check yourself, or have your own staff do it.

Do British citizens need a check too? Yes, you check everyone, to avoid discrimination. British and Irish citizens can be verified by passport (manually or through a certified DVS provider).

How long do I keep the records? For the whole period of employment and for two years after the person leaves.

This guide is general information, not immigration or legal advice, and reflects our understanding of the rules as at June 2026. Right-to-work rules and penalties change, please check the current Home Office guidance or take specific advice before acting.