Right to Work in the UK: A 2025 Guide

Right to Work in the UK

Welcome to UK Living Tips, in this Article we are going to talk about, Before we dive into the “how,” let’s quickly cover the “why.” The UK government requires all employers to check that their employees have the legal right to work in the UK. This is to help prevent illegal working and protect the integrity of the UK labour market. If an employer hires someone who doesn’t have the right to work, they could face hefty fines and other penalties. For individuals, working illegally can lead to deportation and a negative impact on your immigration record.

So, regardless of whether you’re an employer or someone looking for work, getting your head around Right to Work checks is essential.

Overview

Who Needs to Prove Their Right to Work?

Generally, you need to prove your right to work if you are:

Not a British Citizen: If you weren’t born a British citizen, you’ll need to demonstrate your legal right to work here.
Not Settled in the UK: Even if you’ve lived in the UK for a while, if you don’t have “settled” status (Indefinite Leave to Remain or Indefinite Leave to Enter), you’ll likely need to prove your right to work.
A Visa Holder: If you have any of these visas (for work, study, family, etc.), you will need to show it to your employer. The conditions of your visa will dictate whether you have the right to work and the type of work you can do.

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Key Documents: What Proof is Required?

The documents you need to show will vary depending on your individual situation. Here’s an overview of the most common forms of proof:

British Passport: A valid British passport is the simplest form of proof if you’re a British citizen.
UK Birth Certificate (with Supporting Documentation): If you were born in the UK, a full UK birth certificate can be used if it’s accompanied by supporting documentation, such as a valid driving license, national insurance number or passport.
Settled or Pre-Settled Status under the EU Settlement Scheme: If you’re an EU, EEA, or Swiss citizen, or a family member of one, and you were resident in the UK before the end of the transition period (31 December 2020), you likely have either settled or pre-settled status. You’ll need to provide evidence of this using:
- Right-to-work Share Code: This is a digital code that you can generate online via the government’s website. Your employer can then use this code to access your right-to-work information. This is the preferred method for proving your status.
Biometric Residence Permit (BRP) or Biometric Residence Card (BRC): These are plastic cards issued to individuals granted a visa to enter or remain in the UK. The information on the card will confirm your immigration status and whether you have the right to work.
UK Visa (or Entry Clearance): If you’ve been granted a visa for work, study, family, or any other reason, the visa vignette (sticker) in your passport or a separate visa letter will state your immigration status and the right to work. Always check your visa conditions carefully for any restrictions.
Certificate of Sponsorship (COS) and an official letter: For some visas, like the Skilled Worker visa, you might need to provide both the COS reference number and an official letter from your employer. The COS is the document that allows an employer to sponsor a worker on a specific visa route.

How to Prove Your Right to Work: The Process in 2025

The way employers check right to work is evolving, and by 2025, digital processes are expected to be the norm. Here’s a breakdown of the key methods:

Online Right to Work Check (Share Code Method):
- For Individuals: If you have settled or going to settled status, or other types of digital proof of immigration status, you can create a “share code” online via the gov.uk website. This code is temporary, and it allows your employer to access your right-to-work information.
- For Employers: Your employer will put this code into the government’s online checking service, which will provide real-time confirmation of your right to work. This method is quick, and secure, and reduces the risk of document fraud.
Manual Document-Based Check (Acceptable in Limited Cases):
- For Individuals: You will provide original documents (passport, visa, BRP/BRC, etc.) to your employer.
- For Employers: Your employer must carefully examine these documents to ensure they are correct and that you have the right to work. They must make a copy and record that the check was carried out. It’s important to note that this process will not provide the same level of security and protection against fraud as using the online share code. This method should only be used for a very limited number of cases in 2025.
Using an Identity Service Provider:
- For Individuals: Some organisations use digital identity verification providers who can check a person’s identity and immigration status. These providers are accredited by the UK government.
- For Employers: The employer uses the service to check right to work, and an outcome is recorded against the employer and employee record. This is a much more secure method of document checking.

Important Notes for 2025

Digital by Default: The government is pushing for a more digital, efficient system. By 2025, most checks are expected to be conducted online.
Keep Your Information Updated: Make sure your passport, visa, and other immigration documents are valid and up-to-date. An expired document won’t prove your right to work.
Original Documents: If a manual check is required, you must provide the original documents; copies aren’t acceptable. Your employer cannot ask for documents that are not legally required for the right to work.
Avoid Document Fraud: Never attempt to use false or altered documents. It’s a serious offense that carries severe penalties.
Employer Responsibilities: It’s the employer’s responsibility to conduct a thorough check. They should not rely on assumptions or guesswork. The employer will be expected to have a process for undertaking a compliant check.
Retaining Records: Employers must retain records of right to work checks to prove that they complied with the law.
Continuous Checking: In certain situations, you might need to provide proof of your right to work multiple times, especially if you have a temporary visa or if your permission to stay in the UK is about to expire. Your employer should keep a calendar of any checks that need to be undertaken.
Follow Government Guidance: Regulations can change, so it’s crucial to stay up-to-date with the latest guidance published by the UK government.

Common Mistakes and How to Avoid Them

Assuming You Have the Right to Work: Don’t assume anything! If you are not a British citizen, check your immigration status and your visa conditions carefully.
Rushing the Process: Both employers and employees should take their time to ensure all checks are conducted correctly. Rushing can lead to errors and legal problems.
Misunderstanding Visa Conditions: Pay close attention to any restrictions on your visa, like limits on working hours. Breaking these restrictions is a breach of your visa conditions.
Not Seeking Clarification: If you’re unsure about anything, seek advice from a qualified immigration advisor or solicitor.
Using Unreliable Sources: Always rely on official government websites for information about right to work checks. Avoid getting information from unverified sources.

What to do if you have Problems with Right to Work Checks

Talk to your employer first: They may simply be confused or have missed something. Discussing the issue may be all that is required to solve the problem.
Get independent advice: If your employer cannot resolve the issue, seek advice from an organisation that provides advice about immigration law. These organisations often provide free and/or low-cost advice about right to work.
Escalate the Issue: If the problem cannot be resolved with informal measures, you might want to escalate the issue to a government organisation.

Looking Ahead to 2025 and Beyond

The way we prove and check right to work is continuously evolving. It’s important to get informed, and use official sources for guidance. The shift towards digital solutions makes the process more efficient, more secure, and more reliable.

Conclusion

Understanding the “Right to Work” process is important for a smooth and legal employment experience in the UK. Whether you’re an employer hiring staff or an individual looking for a job, following the correct procedures is essential. By 2025, the online methods of checking right to work will be the norm, making the process more streamlined and secure. Remember to stay updated, be accurate, and seek advice if you’re unsure. It’s all about ensuring a fair and legal workplace for everyone.