On 1 October 2026, the UK's Right to Work Scheme stopped being only about employees. Delivery platforms, online matching services and firms using individual sub-contractors can now be fined for illegal working, from a starting point of £45,000 per worker.
The documents have not become more flexible. The Home Office's lists remain closed, the online check is the only route for eVisa holders, and a translation, however accurate, cannot turn a foreign document into an acceptable one.
Below: what changed, which check to use, where translations fit, the penalties and the commonest mistakes, as of October 2026.
What changed in right to work checks on 1 October 2026?
The scheme now covers more working arrangements. Section 48 of the Border Security, Asylum and Immigration Act 2025 amended the Immigration, Asylum and Nationality Act 2006 so that "employing" someone includes engaging them under a worker's contract, as an individual sub-contractor, or through an online matching service. A new employer's guide and statutory code of practice took effect on 1 October 2026. Three points matter most:
- New arrangements only. For workers' contracts, individual sub-contractors and online matching services, a civil penalty may be imposed only where the work began on or after 1 October 2026.
- Extended liability. A contractor further up a chain, a platform, or an employer whose contracts allow substitution may be treated as employing whoever actually does the work, unless it meets prescribed requirements on contract terms, substitution controls and identity verification.
- No grace period. The guide says: "The requirements apply from 1 October 2026 and there is no general grace period."
Independent businesses stay outside, such as the guide's example of a self-employed plumber.
Which right to work check should an employer use?
One of three, completed before the work starts: a manual document-based check, a Home Office online check, or a check through a registered digital verification service provider (RtW DVSP), which GOV.UK pages still call an identity service provider (IDSP). It depends on the worker:
| Worker | Check to use | How long the statutory excuse lasts |
|---|---|---|
| British citizen | British passport, current or expired (a RtW DVSP can check one up to 6 months past expiry); or a UK birth or naturalisation certificate with an official document showing the National Insurance number | Continuous |
| Irish citizen | Irish passport or passport card (current or expired), or an Irish birth certificate with the same National Insurance evidence | Continuous |
| eVisa holder, including EU Settlement Scheme status | Online check with a share code: "employers must use the Home Office online right to work checking service" | Continuous for settled or EUSS status; until permission expires otherwise |
| Former BRP holder | Online check only; "A manual check of an original, expired BRP is not acceptable" | As shown in the online check |
| Pending application or appeal with no share code, Application Registration Card, non-digital Certificate of Application, Crown Dependency status | Verification from the Employer Checking Service | 6 months from the Positive Verification Notice |
Share codes for work begin with "W" and last 90 calendar days; codes beginning with "R" or "S" are for other services. The employer enters it with the worker's date of birth; a printout of the worker's own view does not count. A RtW DVSP must be on the Office for Digital Identities and Attributes register.
What documents are on the Home Office lists?
For manual checks, only originals from Annex A of the guide:
| List | Documents | Statutory excuse |
|---|---|---|
| List A | British passport; Irish passport or passport card; a current passport endorsed for indefinite leave or right of abode; a UK birth or adoption certificate, or one from the Channel Islands, Isle of Man or Ireland, plus an official document showing the National Insurance number; a British registration or naturalisation certificate, plus the same; an Immigration Status Document showing no time limit, plus the same | Continuous |
| List B Group 1 | A current passport endorsed to show permission to stay and do the work; an Immigration Status Document with a photograph and valid endorsement, plus National Insurance evidence | Until the permission expires |
| List B Group 2 | Application Registration Card, non-digital Certificate of Application or older EU Settlement Scheme documents, each with a Positive Verification Notice; or the notice alone | 6 months |
"UK birth certificate" includes one issued by a British embassy or high commission. A birth certificate from Lagos, Lahore or Lisbon is not on the list.
Can a job applicant use a foreign document or a translation?
No, not to prove the right to work itself. The lists are closed, and no foreign national ID card, foreign birth certificate, foreign residence permit or translation of one appears on them. EU, EEA and Swiss citizens, Irish citizens apart, usually prove their status online. A foreign passport counts only when it carries a UK endorsement, and UKVI stopped issuing visa vignettes to successful new applicants on 1 July 2026, so most non-British workers now have an eVisa and a share code.
Copies do not count either. Employers must be "in physical possession of the original documents" and may not rely on "a screenshot or scanned copy", except for official evidence of a worker's name and National Insurance number. A video call works only if the employer already holds the originals, for example sent by post.
When does a translation help with a right to work check?
When two documents show different names. The guide tells employers to check that name differences "can be explained through supplementary evidence, for example a marriage certificate, divorce decree absolute or deed poll", which they "may choose to retain copies" of. If the marriage or divorce took place abroad, that evidence is often in another language, and an employer cannot be satisfied by a document it cannot read.
A translation cannot fix an online check that shows the wrong name: the worker updates their UKVI account, which normally needs an identity document showing the new name. See changing your name with foreign documents and marriage certificate translation.
Employers more often need translations for other checks, such as overseas criminal records (a legal requirement for some health and education roles) and foreign qualifications. See police certificate translation and sponsor licence records.
How do you carry out and record a manual check?
The guide sets four steps, all before the work starts:
- Obtain original documents from List A or List B.
- Check that they are genuine and the holder's, that photos and dates of birth match, that permission has not expired, that work restrictions such as student hours are respected, and that any change of name is explained.
- Copy each document in a format that cannot be altered; for passports, every page with personal details, the expiry date and any UK endorsement.
- Record and retain the date, by writing "The date on which this right to work check was made: [insert date]" on the copy or keeping an equivalent record, and keep the copies for the whole employment and two years after it.
For workers with time-limited permission, repeat the check on or before the date it ends. No follow-up is needed for settled status or EU Settlement Scheme status.
What are the penalties for employing someone without the right to work?
A civil penalty, set case by case under the code of practice: £45,000 per illegal worker for a first breach and £60,000 for a repeat breach within three years. Reporting the worker before the Home Office finds them takes off £5,000, and active co-operation another £5,000; a first-time employer that earns both reductions and has effective checking practices may get a warning notice instead.
A first penalty paid within 21 days is reduced by 30 per cent, and the employer can object within 28 days before appealing to the courts. Employing someone you know, or have reasonable cause to believe, is disqualified from the work by their immigration status is a criminal offence under section 21 of the 2006 Act, with up to five years in prison and an unlimited fine. A penalty can also cost a sponsor licence, lead to director disqualification and see the business named on GOV.UK.
Why employers lose their statutory excuse
- Accepting a translated foreign ID card, birth certificate or residence permit.
- Accepting an expired BRP instead of running an online check.
- Checking a scan, photo or video image of a document the employer never held.
- Using a share code for another service, or one older than 90 days.
- Writing a bare date on the copy instead of the prescribed wording.
- Missing the follow-up check when a worker's permission ends.
- Ignoring a name difference, or accepting a foreign marriage certificate nobody can read.
- Assuming platforms and sub-contractors are exempt after 1 October 2026.
Checklist: right to work checks for employers
Questions people ask
Can an employer accept a translated foreign passport or ID card for a right to work check?
No. Manual checks may use only original documents from the Home Office's Lists A and B, and foreign ID cards, birth certificates and residence permits are not on them, translated or not. A foreign passport counts only with a UK endorsement; otherwise the worker proves their status online with a share code.
Do right to work checks apply in Scotland, Wales and Northern Ireland?
Yes. The legislation behind the Right to Work Scheme applies across the whole of the UK. Right to rent checks are different: they apply in England only, as our right to rent guide explains.
What if my name is different on my documents?
Bring evidence that explains the difference, such as a marriage certificate, divorce decree or deed poll; if it is in another language, a certified translation lets the employer read it and keep a copy. If your eVisa shows an old name, update your UKVI account instead.
Can I still use my biometric residence permit to prove my right to work?
No. BRPs stopped being issued on 31 October 2024, and the employer's guide says a manual check of an expired BRP is not acceptable. Get a share code from your UKVI account and give it to the employer with your date of birth.
How long is a right to work share code valid?
For 90 calendar days, and it can be used as many times as needed in that period, but only to prove the right to work. It begins with W; codes beginning with R or S are for other services.
Do self-employed contractors and gig workers need right to work checks?
From 1 October 2026, platforms, online matching services and businesses engaging individual sub-contractors or workers under a worker's contract can be liable, for arrangements that began on or after that date. A self-employed person running an independent business and contracting directly with customers remains outside the scheme.
What is the fine for employing an illegal worker in 2026?
A starting point of £45,000 per worker for a first breach and £60,000 for a repeat breach within three years, reduced for reporting and co-operation. Employing someone you know or have reasonable cause to believe is working illegally is also a crime carrying up to five years in prison and an unlimited fine.
How much does it cost to translate a marriage certificate or name-change document?
Official Translations charges £29.95 per page, a page being up to 300 words. Most single-page certificates arrive as a signed PDF by email within 24 hours, and a printed copy by post costs £14.95 more.
