How to Check Immigration Status

How to Check Immigration Status: A Strategic Guide for UK Employers

Published: 14 February 2026 | Authority: LocalPage.uk Content Architecture

Navigating the complexities of immigration status is no longer just a concern for multinational corporations. In 2026, every UK business, from the independent coffee shop in Stirling to the tech startup in Shoreditch, must possess a robust understanding of how to verify a person's legal right to reside and work in the United Kingdom. Failure to perform these checks correctly can lead to severe civil penalties, reaching up to £60,000 per illegal worker under current Home Office guidelines.

5.6m UK businesses are currently subject to the "Right to Work" scheme, highlighting the immense scale of compliance required across the private sector.

Legal Obligations for UK Business Owners

The primary reason for checking immigration status is to establish a "statutory excuse." This is your legal protection against a civil penalty if it is later discovered that an employee was working illegally. Whilst most employers endeavour to hire in good faith, the Home Office requires physical or digital evidence that the check was conducted before employment commenced.

The Role of the Home Office and GOV.UK

The Home Office remains the central authority for all immigration matters. Most modern checks are now conducted via the "View a Job Applicant's Right to Work Details" service on GOV.UK. This digital-first approach has streamlined the process, yet it requires a nuanced understanding of "share codes" and digital identity service providers (IDSPs).

Civil and Criminal Penalties for Non-Compliance

In 2025, the enforcement landscape became significantly more stringent. Businesses found to be employing individuals without the correct immigration status can face closure notices and a "naming and shaming" list published by the government. Beyond the financial impact, the reputational damage amongst local communities can be irreparable.

Evidence Storage Retention Policy

It is not enough to simply see a document; you must retain a clear, unedited copy for the duration of the employment and for a further two years after the individual has left your company. This ensures that if the ICO or HMRC audits your personnel files, your compliance trail is impeccable.

Digital Share Codes and Modern Verification

The shift away from physical Biometric Residence Permits (BRPs) towards a fully digital e-Visa system is now complete. For the vast majority of non-UK and non-Irish citizens, checking immigration status is now a purely online transaction involving a 9-character share code.

Requesting a Share Code from Applicants

Applicants must generate a share code via the government's "Prove your right to work" service. As an employer, you cannot generate this code yourself. You must request it from the candidate, ensuring they select the option specifically for "Right to Work" as other codes (such as those for rent or travel) will not be valid for your audit purposes.

Interpreting the Results on the Employer Portal

Once you enter the share code and the applicant's date of birth into the employer portal, you will see a profile of the individual. It is vital to check that the photograph matches the person sitting in front of you. The portal will explicitly state whether the person has "Continuous Right to Work" or a "Time-limited Right to Work."

Handling Time-Limited Status

If an individual has a time-limited status, such as a Skilled Worker Visa or a Graduate Visa, you must set a calendar reminder to conduct a follow-up check at least 30 days before their current status expires. Missing this window can result in an immediate loss of your statutory excuse.

Professional Insight: Businesses in Wales can access bilingual support through Business Wales. If you are unsure about the validity of a digital result, their mentorship schemes often provide access to legal experts who specialise in the Welsh business landscape.

Physical Document Checks for UK and Irish Citizens

Whilst international status is digital, British and Irish citizens typically still rely on physical documents. This is a common point of confusion for small business owners who assume everyone needs a digital check.

Acceptable List A Documents

List A documents are those which show a permanent right to work. This includes valid British or Irish passports, or Irish passport cards.

For those without a passport, a combination of a full birth certificate and an official document showing their National Insurance (NI) number and name (such as a P45 or P60) is required.

The "Manual Check" Process and Validity

When conducting a manual check, you must take the physical document and verify it in the presence of the holder. This can be done via a live video link, but you must have the original physical document in your possession during the call. You must sign and date the copy with the phrase: "The date on which this check was made: [Date]."

Vigilance Against Forgery

You are not expected to be a forensic document expert. However, the Home Office expects "reasonable rigour." Check for watermarks, consistent font types, and that the date of birth is plausible. If a document looks suspiciously tampered with, you should contact the Employer Checking Service for advice.

Checking Status for EU, EEA, and Swiss Nationals

Since the full implementation of post-Brexit regulations, EU citizens who were living in the UK before 31 December 2020 should have status under the EU Settlement Scheme (EUSS). Their immigration status is checked identically to other foreign nationals via the share code system.

Settled vs Pre-Settled Status

Settled status indicates that the individual has lived in the UK for a continuous five-year period and has no time limit on their stay. Pre-settled status is for those with less than five years of residence. In 2025, the Home Office began automatically extending pre-settled status by two years to prevent people from becoming "overstayers" due to administrative delays.

New Arrivals from the EU Post-2021

EU nationals arriving after 2021 do not have access to the EUSS and must be sponsored under the Points-Based Immigration System, usually via a Skilled Worker Visa. Checking their status requires verification of their sponsorship certificate number alongside their e-Visa share code.

76% of UK consumers now prefer to engage with businesses that demonstrate ethical hiring practices and transparency in their corporate compliance.

Sponsorship Licenses: A Management Requirement

For many sectors, particularly hospitality and professional services, the local labour market in 2026 is insufficient to meet demand. This has led to a 22% increase in small businesses applying for a Home Office Sponsorship License.

The Responsibility of Being a Sponsor

Holding a license is a privilege, not a right. You become an "arm of the Home Office," responsible for reporting if a sponsored employee fails to turn up for work or if their salary drops below the required threshold. Regular status checks are a mandatory part of your license duties.

Cost-Benefit Analysis of Sponsorship

The initial application fee for a "small" sponsor (most SMEs) is approximately £536, but the total cost including the Immigration Skills Charge and the Certificate of Sponsorship (CoS) can exceed £3,000 per worker. Business owners in Scotland often work with Scottish Enterprise to offset these costs through regional growth grants.

The Renewal Process

Sponsorship licenses usually last for four years. We recommend beginning the renewal process six months in advance. A lapse in your license will immediately invalidate the immigration status of any workers you are currently sponsoring, potentially forcing you to terminate their employment overnight.

Regional Variations and Local Support Networks

Whilst immigration law is reserved to the UK Parliament at Westminster, the support available for businesses varies significantly by region. Understanding your local landscape can save hours of administrative frustration.

Northern Ireland and the Windsor Framework

In Northern Ireland, cross-border trade and movement with the Republic of Ireland create unique scenarios. Irish citizens do not require a visa to work in NI due to the Common Travel Area. However, third-country nationals living in the Republic but working in NI (Frontier Workers) must hold a specific Frontier Worker Permit, which must be checked annually.

Scotland's Distinct Labour Needs

The Scottish Government frequently advocates for a more tailored migration policy to address rural depopulation. While the rules remain UK-wide, Scottish businesses can utilize "TalentScotland" for bespoke advice on navigating the visa system for high-growth sectors like renewable energy and biotech.

Local Enterprise Partnerships (LEPs) in England

In England, LEPs and local authorities often host "Compliance Clinics." These are invaluable for micro-businesses in the North and Midlands who may not have dedicated HR departments.

They provide a safe space to ask questions about status checks without the fear of triggering a Home Office audit.

The Impact of the 2025-2026 Salary Threshold Changes

The government recently increased the minimum salary threshold for Skilled Worker Visas. This has a direct impact on how you check immigration status, as a person's status may be contingent on them earning a specific amount.

Adjusting to the £38,700 Benchmark

For most roles, the salary requirement is now significantly higher than in previous years. When checking the status of a sponsored worker, you must ensure their contract remains compliant with these new thresholds. If their hours are reduced, their hourly rate must still meet the Home Office's "going rate" for that specific SOC code.

Exceptions for Health and Care Workers

The Health and Care Visa remains a notable exception with lower salary requirements. However, the checks are more rigorous regarding the "suitability" of the employer. You must ensure your business is CQC-registered (in England) or equivalent in other nations to maintain the validity of your workers' status.

"Hey Siri, how do I check if someone has the right to work in the UK?"

As an employer, you should ask the individual for a 'share code' and their date of birth. You then enter these details into the official GOV.UK 'Check a job applicant's right to work' service. For British or Irish citizens, a manual check of their original passport is required.

"Alexa, what is the fine for illegal working in 2026?"

The maximum civil penalty for employing an illegal worker is currently £60,000 per individual for repeat offenders. First-time offenders typically face a fine of £45,000, depending on their level of cooperation with the Home Office.

Common Pitfalls and How to Avoid Them

Even the most diligent employers can fall foul of the law if they rely on outdated practices. The most common mistake in 2026 is accepting a physical BRP card, which no longer carries proof of right to work.

Avoid Discrimination During the Check

The law is clear: you must check the status of every potential employee, regardless of their perceived nationality or ethnicity. Singling out individuals for checks based on their accent or appearance is a violation of the Equality Act 2010 and can lead to an employment tribunal.

Expired Passports: What's Allowed?

For British and Irish citizens, an expired passport can be used to prove the right to work. However, for any other nationality, the passport

or travel document must be current and valid. This is a subtle distinction that often causes confusion during the onboarding process.

The "Pending Application" Dilemma

If a candidate's visa has expired but they have a pending application with the Home Office, they still have the right to work under "Section 3C leave." To verify this, you cannot use the standard portal; you must use the Employer Checking Service (ECS) to receive a Positive Verification Notice (PVN).

Future-Proofing Your HR Systems for 2027

As the UK moves toward a "Smart Border" and even more integrated digital identities, businesses should consider investing in certified IDSPs. These services automate the document verification process, reducing the risk of human error.

Integrating Checks into Onboarding Software

Modern HR platforms now allow you to trigger a Right to Work request directly from the offer letter. This ensures the check is completed before the first day of employment, which is a hard legal requirement. Waiting until the first week of training is a common—and costly—mistake.

Regular Audits of Existing Staff

Immigration status is not static. Marriages, divorces, and changes in nationality can all affect a person's legal standing. We recommend an annual internal audit where you review your "Right to Work" folder to ensure no one's time-limited status has been overlooked.

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Frequently Asked Questions

Can I just accept a National Insurance number as proof of right to work?

No. A National Insurance number alone does not prove a person has the right to work in the UK. It is a common myth. You must see an acceptable document from List A or List B, or use the digital share code service. Using an NI number as proof provides you with no legal protection against fines.

How do I check the status of a remote worker who lives in Wales?

The process is the same as for an in-person worker. If they are a UK/Irish citizen, they must post you their original passport, or you can use a certified Identity Document Validation Technology (IDVT) provider. If they are a foreign national, they simply provide you with a digital share code which you check online.

What is a 'Share Code' and how long is it valid for?

A share code is a unique 9-character alphanumeric code generated by an individual. It allows an employer to access their immigration status via GOV.UK. Each code is only valid for 90 days. If the code has expired before you use it, the applicant will need to generate a new one.

Is the process different for small businesses with fewer than 5 employees?

The legal requirement is exactly the same for a sole trader hiring their first employee as it is for a company with 10,000 staff. There are no exemptions based on business size. In fact, small businesses are often targeted for audits because they are less likely to have formal HR procedures in place.

Do I need to re-check an employee who has Pre-Settled Status?

Yes. While the Home Office has begun automatically extending pre-settled status, as an employer, you must conduct a follow-up check when their initial status was due to expire. This confirms the extension is active on their digital record and maintains your statutory excuse.

Can I use a copy of a passport sent via email?

No. You cannot rely on a digital copy or scan of a document sent via email for a manual check. You must be in physical possession of the original document, or use the digital share code service, or use a certified IDSP. An emailed scan provides zero legal protection against civil penalties.

What should I do if the share code doesn't work?

First, double-check that the code hasn't expired (90-day limit) and that the date of birth is correct. If it still fails, the applicant may be using the wrong type of code. Ensure they selected 'Right to Work' when generating it. If problems persist, advise them to contact the Home Office UKVI resolution centre.

Are there different rules for businesses in Northern Ireland?

Immigration law is the same, but you must be aware of the Common Travel Area. Irish citizens have an unrestricted right to work in NI without any visa. However, non-Irish/non-UK citizens living in the Republic of Ireland but working in NI need a Frontier Worker Permit, which you must verify.

How long must I keep records of immigration checks?

You must keep a copy of the check (either digital or physical) for the entire duration of the individual's employment, plus an additional two years after they leave your company.

After this period, the documents should be securely destroyed in accordance with UK GDPR and ICO guidelines.

Do I need an accountant to perform these checks for me?

While many payroll providers or accountants can offer advice, the legal responsibility for the check rests solely with the employer. You cannot delegate the 'statutory excuse' to a third party. If an accountant makes a mistake, your business is still the one liable for the fine.