Right to Work Checks & Visa Compliance: A Guide for HR Leaders
Managing visa compliance effectively is essential for HR teams overseeing a globally diverse workforce. Whether you’re working independently or partnering with a visa consultant London businesses trust, ensuring Right to Work (RTW) checks are conducted properly helps you meet Home Office requirements, mitigate legal risks, and provide critical support for employees navigating their immigration journey.
Strengthening Your Right to Work Compliance Strategy
Verifying Documentation – Employers must check original documents proving an employee's right to work in the UK.
Digital RTW Checks – Since April 2025, most RTW checks are conducted online, removing manual document verification.
Tracking Visa Expiry Dates – Automated reminders can help ensure timely renewals, reducing compliance risks.
Repeat Checks for Visa Extensions – Employers must conduct a new RTW check when an employee obtains a new visa, pending a visa decision and current visa has expired and when ILR is secured.
Why Right to Work Checks Matter
Employers must complete RTW checks to:
- Prevent illegal working and avoid fines of up to £60,000 per worker.
- Establish a statutory excuse, protecting the business from liability if an employee is later found to be working illegally.
- Ensure compliance with Home Office regulations, creating a legally sound hiring process.
Understanding the Different RTW Check Methods
1. Manual Right to Work Checks (mainly applicable to British and Irish nationals)
A traditional approach requiring physical document verification. Employers should:
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Obtain original documents (e.g., passport, biometric residence permit).
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Check document authenticity and ensure they belong to the person presenting them.
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Confirm the individual's photo, date of birth, and visa restrictions.
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Keep dated copies of all documents as part of compliance records.
2. Digital Right to Work Checks (Effective since April 2022)
Employers have been able to conduct checks remotely using an online system:
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Use the Home Office's digital service to confirm an employee's immigration status.
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Request a share code from the worker to access their RTW details.
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Verify any visa conditions and restrictions via an online check.
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Maintain an electronic record of the check outcome.
3. Employer Checking Service (ECS) for Pending Visa Applications
If an employee is awaiting a visa renewal decision, employers should:
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Get written consent to undertake the check from the employee
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Submit a request to the Home Office Employer Checking Service (ECS). Use the Employer Checking Service - GOV.UK
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Obtain a Positive Verification Notice (PVN) confirming the employee's right to work.
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Conduct a follow-up check once the new visa is issued.
Best Practices for Right to Work Compliance
Monitor Visa Expiry Dates – Automated tracking prevents missed renewals we recommend adding reminders at 6 months, 3 months, 2 months and 1 month intervals prior to visa expiry
Repeat RTW Checks – Employees with limited visas need checks aligned with renewals.
Stay Alert to material changes –Role changes or material changes in circumstances which might require new applications to be made which will lead to the need for new RTW checks
Secure Record-Keeping – Maintain Right to Work documents for two years post-employment.
Common Compliance Risks to Avoid
Incomplete Documentation – Ensure all passport and visa pages are recorded
Missed Follow-Up Checks – RTW checks must align with visa expiry dates
Ignoring Work Restrictions – Some visas limit working hours or job types, requiring careful verification
Late RTW Checks - Complete RTW check prior to employee starting their work
We recommend that all employers refer to the latest Employer's guide to right to work checks and use the Right to work checklist to ensure compliance with Home Office obligations.
Need Expert Guidance?
UK immigration rules are constantly evolving, and compliance can be complex. As a trusted visa consultant London employers rely on, our team is here to help you navigate visa regulations, maintain compliance, and support your employees every step of the way. We also help growing organisations scale up visa assistance programmes- so as your workforce expands, your immigration support keeps pace.
Get in touch today for tailored support on UK visa applications and RTW checks. Contact Us: Get In Touch Today | UK VISAS
Garima, a seasoned legal professional, became part of the UK Visas team in 2018 and brings with her vast expertise in all areas of immigration law. She qualified as a solicitor in 2017 and holds IAAS Level Senior Caseworker status
