How to Check Someone's Immigration Status

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Checking someone's immigration status correctly is not just good practice - it is a legal requirement for UK employers. Whether you are onboarding a new hire, renewing a contract or responding to a Home Office audit, understanding the compliant routes for verifying immigration status protects your business from civil penalties and reputational damage. This guide walks through every approved method, from online share codes to the Employer Checking Service, and explains how to keep records that will hold up under scrutiny.

For related support, explore Annaizu’s sponsorship compliance software, mock audit inspection readiness and mock audit preparation.

Key Takeaways

Essential Points for Employers

• You must check immigration status before employment begins - retrospective checks do not create a statutory excuse.
• The online share code service is the primary route for checking most non-UK nationals' right to work.
• Identity Document Validation Technology (IDVT) via an Identity Service Provider (IDSP) is available for British and Irish citizens.
• The Employer Checking Service (ECS) is required for certain pending applications and legacy documents.
• All check records must be kept for the duration of employment plus two years.

Why Checking Immigration Status Matters

Employing someone without the right to work in the UK carries a civil penalty of up to £60,000 per illegal worker. A correctly conducted check provides a statutory excuse, meaning that if the worker later proves to have no right to work, the employer is not liable for the penalty. Skipping or cutting corners on checks removes that protection entirely.

Method 1: Online Share Code Check

Who It Applies To

The online service is used for non-UK nationals who hold a biometric residence permit (BRP), eVisa, settled or pre-settled status under the EU Settlement Scheme, a frontier worker permit, or a UK Visas and Immigration (UKVI) account. It is also used for British and Irish nationals who choose to prove their status digitally rather than through a document check.

How the Share Code Process Works

1. Ask the worker to visit the UK government's Prove Your Right to Work service and generate a share code.
2. The share code is valid for 30 days and is unique to each request.
3. Go to the View a Job Applicant's Right to Work Details service.
4. Enter the share code and the worker's date of birth.
5. Review the result, which will confirm what work they are permitted to do and any time limit on their permission.
6. Save or print a clear copy of the result page and store it securely.

What the Result Tells You

The result page shows the worker's name, photograph, the types of work they can do, and - where permission is time-limited - the date by which you must carry out a follow-up check. Do not rely on verbal confirmation from the worker; only the result page constitutes a compliant record.

Method 2: IDSP Digital Check for British and Irish Citizens

What Is an Identity Service Provider?

Since April 2022, employers have been able to use certified Identity Service Providers (IDSPs) to carry out digital identity verification for British and Irish citizens using Identity Document Validation Technology (IDVT). The IDSP checks the authenticity of the document and confirms the identity of the holder remotely.

How to Use an IDSP

1. Choose a provider from the government's list of certified IDSPs.
2. The worker submits their passport or Irish passport card through the IDSP platform.
3. The IDSP carries out document verification and identity checks, typically using a selfie comparison.
4. You receive a result confirming that the check has been completed to at least a Medium level of confidence.
5. Retain the IDSP result as your right to work record alongside a copy of the document checked.

Limitations of IDSP Checks

• IDSP checks are only valid for British and Irish citizens - they cannot be used for other nationalities.
• If an IDSP check cannot be completed, you must revert to a manual document check.
• The IDSP must be certified under the UK Digital Identity and Attributes Trust Framework to provide a statutory excuse.

Method 3: Manual Document Check

When Manual Checks Are Used

Manual checks are used when a worker holds a physical document that cannot be verified through the online service, or when neither party wishes to use an IDSP. They are the established route for British and Irish citizens presenting passports, birth certificates, or other List A and List B documents.

How to Conduct a Manual Document Check

1. Ask the worker to provide original documents from the Home Office's Employer's Guide to Right to Work Checks - either a single document from List A or a combination from List B.
2. Check the document is genuine, has not been tampered with, and belongs to the person presenting it.
3. Check that photographs and dates of birth are consistent across documents and match the worker in front of you.
4. Check any expiry dates and ensure permission to work covers the role you are offering.
5. Make a clear copy of each document - both sides where relevant - and record the date you made the check.
6. Return the originals to the worker.

List A Versus List B Documents

List A documents confirm a permanent right to work and require a one-off check. List B documents indicate a time-limited right to work and require a follow-up check before the expiry date shown. Retaining copies of List B documents with a diarised follow-up date is essential for ongoing compliance.

Method 4: Employer Checking Service

When to Use the ECS

The Employer Checking Service (ECS) is used in specific circumstances where neither the online service nor a manual document check is possible. You must use the ECS if:

• The worker has an outstanding application or appeal made before their previous leave expired and cannot provide physical evidence.
• The worker holds a certificate of application issued after 6 April 2022 that cannot be checked online.
• The worker's documents have been retained by the Home Office or a court.

How the ECS Works

1. Submit a request through the Employer Checking Service on GOV.UK.
2. Provide the worker's details and the reason you cannot complete a standard check.
3. The Home Office will respond with a Positive Verification Notice (PVN) if the worker has the right to work, or a Negative Verification Notice if they do not.
4. A PVN provides a statutory excuse for six months from the date of issue.
5. Retain the PVN as your right to work record and set a follow-up reminder before it expires.

Follow-Up Checks and Ongoing Monitoring

Who Needs a Follow-Up Check

Any worker whose right to work is time-limited requires a repeat check before their permission expires. This includes workers on skilled worker visas, student visas with work permissions, pre-settled status holders whose status has not converted to settled status, and those whose initial check was via an ECS Positive Verification Notice.

How to Manage Follow-Up Checks

• Record the expiry date of every time-limited permission at the point of the original check.
• Set calendar reminders at least one month before each expiry date to allow time to complete the repeat check.
• Complete the repeat check using the same method as the original - online share code, IDSP or manual document - before the current permission lapses.
• If the worker cannot provide evidence of a renewed permission in time, you must not continue to employ them.

Record-Keeping for Audit Readiness

What Records to Keep

For every right to work check, retain the following for the duration of employment plus two years after the employment ends:

• A copy of the document or the result page from the online share code service.
• The date the check was carried out.
• For IDSP checks, the result provided by the identity service provider.
• For ECS checks, a copy of the Positive Verification Notice.
• For follow-up checks, a copy of each subsequent check with its date.

How to Store Records Securely

Records may be stored electronically or in hard copy, provided they are accessible for Home Office inspection and protected in line with UK GDPR obligations. Access should be restricted to those with a legitimate need, and retention schedules should be enforced to avoid holding data longer than required.

Common Mistakes That Remove Your Statutory Excuse

• Conducting the check after the worker's start date rather than before.
• Accepting a copy or photograph of a document rather than the original.
• Failing to compare the photograph and date of birth to the person in front of you.
• Not recording the date the check was carried out.
• Missing a follow-up check and allowing a time-limited worker to continue working after their permission lapses.
• Using an uncertified IDSP provider that does not meet the government's trust framework requirements.

Frequently Asked Questions

Can I check someone's immigration status without their permission?

No. The online share code service requires the worker to generate the share code themselves. You cannot access UKVI records independently. Any check must be carried out with the worker's knowledge and cooperation, and the data obtained must be handled in line with UK GDPR.

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