As an employer, you must check that an applicant is allowed to work in the UK before you employ them. If you employ illegal workers, you may be liable to a civil penalty or prosecution.

You could face a civil penalty of up to £20,000 per illegal worker if you haven’t carried out the correct right to work check.

How to check an applicant’s right to work:

1. Obtain the right documents

The types of documents that can be used as proof depend on whether the person has restrictions on their right to live and work in the UK.

If an employee has a limited right to work in the UK, you are required to check their documents again.

Read the guidance on preventing illegal working in the UK for the lists of acceptable documents and when to check these.

         2. Check the documents are valid

You need to check that:

• the documents are originals, genuine and refer to the applicant

• the dates for the worker’s right to work in the UK have not expired

• photos are the same across all documents and  look like the applicant

• dates of birth are the same across all documents

• the person has permission to do the type of work you’re offering (including any limit on the number of hours they can work)

• all documents are current (other than those issued to UK, EEA and Swiss nationals and Permanent Residence Cards issued to family members of EEA nationals)

if two documents give different names, supporting documents show why this is e.g. marriage or divorce

        3. Copy and keep the copied documents for your records

When you copy the documents:

• make a copy that can’t be changed, e.g. a photocopy

• for passports, copy any page with the expiry date, applicant’s personal details including nationality, date of birth, name, photograph and signature together with the current immigration endorsement (e.g. a work visa) copied on both sides

• for all other documents, make a complete copy

• keep copies during the worker’s employment and for two years after the person stops working for you

• ensure you record the date you made the check

• for migrant students, keep a record of their term and vacation times

What will happen if I’m caught employing an illegal worker?

You will receive a ‘referral notice’ to let you know that:

• your case is being considered
• you may be liable to a civil penalty of up to £20,000 for each illegal worker

If you can prove you conducted the required checks you will not face a penalty, unless you employed someone who you knew did not have the right to work.

If you’re found liable for a penalty, you’ll be sent a ‘civil penalty notice’ and have 28 days to respond. The notice will inform you of your payment options and what to do next, as well as how to object and appeal against the penalty if you want to.

If you are convicted of ‘knowingly employing’ an illegal worker, you may be sentenced for up to two years’ imprisonment and/or receive an unlimited fine. Your business’s details may be published by the Home Office.

What if a job applicant can’t show their documents?

You must use the Home Office’s Employer Checking Service to see if an applicant has the right to work if:

• they can’t show you their documents and you are reasonably satisfied that they have an outstanding appeal or application with the Home Office
• they have one of the following documents: an Application Registration Card or a Certificate of Application.

To request a check, you can download and complete the employer checking service enquiry form and email it to the employercheckingservice@homeoffice.gsi.gov.uk

What help is available?

• Our new online interactive checking tool provides quick and easy help for employers to check right to work documents: www.gov.uk/legal-right-work-uk
• If you need more help you can contact the Home Office helpline on 0300 123 4699 or send an email to businesshelpdesk@homeoffice.gsi.gov.uk