The UK’s eVisa transition has fundamentally shifted how employers must perform right to work checks UK. Relying on outdated physical documents, such as biometric residence permits, is no longer just a compliance oversight; it is a major risk that could expose your business to significant civil penalties. This guide outlines the essential changes you need to know to stay compliant.
This article sets out the correct ways to check status and the mistakes that put your business at risk. It also explains how to keep a statutory excuse when a check cannot be completed online.
What Right to Work Checks UK Now Mean?
A right to work check confirms a candidate's legal eligibility before employment begins. Executed correctly, it establishes a statutory excuse against illegal working civil penalties. The check must verify immigration status on the actual day of the check.
Rules evolved with the eVisa transition to digital status. Since 31 December 2024, Biometric Residence Permits (BRPs) no longer serve as proof of work. The Home Office updated employer guidance on 26 June 2025, applying to all checks from 12 February 2025.
The Three Ways to Check Right to Work
Three checking methods exist, and the right one depends entirely on the worker in front of you. Using the wrong method gives you no protection, even if you check something.
1. Online check:
Candidates with digital status use a share code. You verify this via the Home Office portal.
2. Manual check:
For British or Irish passport holders. You inspect original documents in person.
3. Digital identity check:
A certified identity service provider verifies a British or Irish passport holder on your behalf. The provider must be certified, or the check gives you no protection.
Why the eVisa Transition Trips Employers Up?
The eVisa transition trips employers up regarding right to work checks UK because old document habits no longer create a statutory excuse. An expired biometric residence permit is no longer an acceptable document. You also cannot accept a printout or a screenshot of an eVisa as valid proof.
Compliance visits rose 51% last year as the government tightened digital tracking systems. This rapid increase makes minor onboarding errors highly visible during standard business inspections.
The worker must generate an official digital share code using their expired permit to prove their status. You must then run the online check yourself through the official Home Office service. A share code remains valid for 90 days from the generation date.
The Fatal Mistake of Accepting Obsolete Documents
Accepting outdated physical papers remains the most common error.
Physical BRP cards
Biometric Residence Permits are completely obsolete in 2026. You cannot accept a physical card as proof of work rights anymore. Staff must provide a digital share code to prove their status.
Clipped passport files
You cannot accept a clipped British or Irish passport during an in-person document check. A clipped passport is officially a cancelled document under current government guidelines. Accepting a cancelled document destroys your statutory excuse immediately.
Traps in Digital Status and Share Codes
Managing digital status profiles for right to work checks UK requires strict adherence to online verification procedures. The Home Office updates the digital portal frequently to monitor your active employer compliance. Avoid these specific operational traps:
- A standard online share code remains valid for exactly 90 days from the generation date.
- You must perform the online check before the employment start date of the individual.
- HR teams must view the live profile rather than accepting a printed screenshot from the worker.
- You must confirm the photograph on the portal matches the person standing before you.
- The job role must align perfectly with any specific work conditions displayed on the screen.
Do I need to recheck an eVisa holder?
You must perform a follow-up check only if the digital profile shows a time limit.
Can I accept a physical BRP card in 2026?
No, physical biometric cards are completely obsolete. You must require a digital share code instead.
What if an applicant lacks a share code?
You must use the online Employer Checking Service to verify their pending application status.
How to Avoid Severe Civil Penalties?
The Home Office has increased financial punishments significantly to deter illegal employment practices. Financial penalties can easily bankrupt small businesses that neglect their legal onboarding duties. The Home Office revoked approximately 3,100 total sponsor licences during the last calendar year alone.
Follow these steps to safeguard your business operations:
- Create a centralized digital folder for all completed online verification profile receipts.
- Set automatic calendar alerts for employees holding time-limited visas or temporary digital status profiles.
- Review the official GOV.UK right to work employer guidance every quarter for rule changes.
- Train your hiring staff to distinguish between manual check documents and digital status profiles.
- Recheck the immigration status of any worker who switches to a new visa pathway.
A first compliance breach carries a maximum civil penalty of £45,000 per illegal worker. Repeat violations can cost your business up to £60,000 for each unauthorised employee.
Getting Right to Work Checks Right
Strong right to work checks UK protect your business from penalties and your team from disruption. The eVisa transition has made small errors costly, so a reliable process now matters more than ever. A Y & J Solicitors, a Legal 500 recognised firm regulated by the SRA, advises employers on these duties.
With more than 15 years of experience and over 5,000 immigration cases, the firm advises employers across every sector. To protect your statutory excuse, book a discovery call with A Y & J Solicitors.