UK right to work: what employers need to know

14 November 2025 | posted in Commercial law Corporate and business law Dispute resolution Employee share schemes Employment law Family law Immigration law Media and entertainment law Music law Private client law Property law

This insight is part of our Business Law newsletter | Autumn 2025 series. Explore the full series at the end of this piece.

The Home Office has recently introduced changes to carrying out right-to-work checks. Here, we discuss the important changes as well as what action employers should take.

What changed on 26 June 2025?

Updates have been made to the current “Employer’s guide to right to work checks”, which were issued on 26 June 2025. The significant changes were as follows:

1. Simplified content and reduced technical detail

The guidance was streamlined with less technical detail around digital checks for holders of British and Irish passports or Irish passport cards.

2. Terminology updated: “digital verification service (DVS)”

The guidance was revised to refer to the term “digital verification service (DVS)” which includes the previous terms identity service providers (IDSPs) and identity document validation technology (IDVT).
Separate detailed requirements and procedures for DVS are in a supplementary code for digital right to work checks.

3. Further clarification was issued relating to physical biometric residence permits (BRPs) as follows:

A physical BRP which has expired can no longer be accepted as proof of a right to work in the UK.
Updates were made relating to e-visas in that individuals who have been issued with vignettes for a short period of time to enter the UK must create a UKVI account and apply to get access to their e-visa, before travelling. Without an e-visa, they may have trouble satisfying right-to-work checks.

Practical implications and actions employers need to take

Review current right to work policies and practice to ensure expired physical BRPs are not being accepted. Any template, checklist or handbook that still refers to these documents being accepted needs to be updated.
If the employer is using DVS to carry out checks on any British passport or Irish passport/passport card holders:
- Check whether the DVS being used is certified against the “trust framework” and supplementary code for digital right-to-work checks. If the employer chooses not to use a certified DVS, they should only accept checks from a DVS that satisfy a minimum medium level of confidence.
- The employer must ensure it collects and retains the required information (photograph, biographical details such as date of birth, etc), and satisfy themselves that they match the person presenting themselves for work (either in person or via live video link).
- Retain a clear copy of the check as evidence for the duration of employment and for two years after the employment has ended.

For new hires coming from overseas or using a vignette:

Encourage them to set up their digital immigration status by creating a UKVI account and getting access to an e-visa as soon as they can, if they have not already done so, to avoid any delays in proving their right to work.

Whilst vignettes can be used to conduct a manual right-to-work check, as they usually expire 90 calendar days from issue, a further right-to-work check will need to be done using the online service for the statutory excuse to continue to apply.

Train HR/recruitment/compliance staff on the updated definitions and process changes, such as what counts as an acceptable document, what is an expired BRP, how share codes and the online service work and what the DVS means.

Carry out an audit on existing employees with timelimited work status to see whether followup checks are needed and whether statutory excuse remains valid.

Risks and penalties of noncompliance

The statutory excuse cannot be relied on if checks are not conducted correctly and according to the prescribed manner, which means if an individual without lawful status works for an employer, the employer may be liable for a civil penalty.
Reputational risk, compliance risk (audits etc.) and possibly legal risk under antidiscrimination law if people are subjected to differential treatment.
Potential delays in hiring or operational disruption if new starters cannot prove their right to work because they lack digital status or because the documents they provide are expired or invalid under the new guidance.

This article is provided for information purposes only. It does not constitute legal advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.