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Right to Work Checklist Template for UK Employers

Last reviewed: 11 March 2026

The official gov.uk right to work checklist covers the initial check well. But it stops there. It doesn't help you track follow-up dates, manage the 28-day grace period, or maintain the records that prove compliance months later.

This checklist covers the full cycle: from first check through ongoing tracking to what happens when a visa expires. Print it, bookmark it, or use it as the basis for your own compliance process.

This guide is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified immigration solicitor.

Part 1: Before the employee starts

Every right to work check must happen before the person's first day of paid work. Not during their first week. Not "when HR gets round to it." Before day one.

Initial check steps:

  1. Ask the employee to provide an original document from List A or List B (see document table below)
  2. Check the document in the employee's presence — verify the photo matches, the name matches, the document hasn't been tampered with, and the dates are valid
  3. If using the online checking service (required for eVisa holders): enter the share code and date of birth, verify the result matches the person
  4. Make a clear copy — scan or photograph every page of the document (or save the online check result page)
  5. Record the date you made the copy on the copy itself or in your filing system
  6. File securely — store for the duration of employment plus 2 years after they leave

Do this for every hire. British citizens, Irish citizens, visa holders, settled status holders — everyone. Selective checking based on appearance or nationality is discrimination. See our guide to checking British citizens for what documents they can use.

Part 2: Classify the document type

This step determines your ongoing obligations. Get it wrong, and you'll miss follow-up checks.

Document type What it means Follow-up needed?
List A (permanent right to work) British/Irish passport, UK birth certificate + NI proof, certificate of naturalisation, indefinite leave No. One check at hire is sufficient. Statutory excuse lasts for the duration of employment.
List B Group 1 (time-limited permission) Visa with expiry date, limited leave stamp Yes. Statutory excuse expires on the permission expiry date. Schedule a follow-up check before that date.
List B Group 2 (pending application) Certificate of Application for EU Settlement Scheme, Application Registration Card, Positive Verification Notice from ECS Yes. Statutory excuse lasts 6 months from the date of the Positive Verification Notice. Schedule a follow-up check before the 6-month mark.

The critical action: If the document is List B, immediately record the expiry date and set a reminder. This is the step most micro-employers skip — and the reason most miss follow-up checks entirely.

Use our document checker tool to confirm whether a specific document falls under List A or List B.

Part 3: Record keeping

Your records are your proof. Without them, you have no statutory excuse — even if you did the check.

For each employee, keep:

  • A dated copy of the document (or screenshot of the online check result)
  • The date you conducted the check
  • For List B documents: the permission expiry date and your scheduled follow-up date
  • For Employer Checking Service requests: the date you contacted ECS and the Verification Notice received

Storage rules:

  • Keep records for the duration of employment plus 2 years after the employee leaves
  • After the 2-year post-employment period, securely destroy the records
  • Digital storage is acceptable — scans, photographs, or saved online check results
  • Physical storage must be secure (locked cabinet, restricted access)

Part 4: Follow-up checks (List B employees only)

This is where compliance breaks down for most small employers. The initial check is a one-time event. Follow-up tracking is an ongoing obligation.

When a follow-up check is due:

  • List B Group 1: Before the visa or permission expiry date printed on the document
  • List B Group 2: Before the 6-month anniversary of the Positive Verification Notice

How to run the follow-up:

  1. Contact the employee before the expiry date — have they renewed their visa or received a new permission?
  2. If they have new documents: run a fresh right to work check (back to Part 1)
  3. If they have a pending application: contact the Employer Checking Service — see Part 5 below
  4. If they have no pending application and permission has expired: you cannot continue to employ them

Reminder schedule (set these when you classify the document in Part 2):

Reminder When Action
Early warning 90 days before expiry Inform employee, ask about renewal plans
Planning reminder 30 days before expiry Confirm whether employee has applied to extend
Action deadline 14 days before expiry Employee must provide new documents or confirm pending application
Expiry day Day of expiry Run follow-up check or contact ECS

Use our follow-up check timeline calculator to generate these dates automatically from any visa expiry date.

Part 5: The 28-day grace period

When an employee's permission expires and they have a pending application, you have 28 calendar days to verify their status through the Employer Checking Service before your statutory excuse lapses.

Grace period checklist:

  1. Confirm the employee has a pending in-time application (applied before their permission expired)
  2. Contact the Employer Checking Service immediately — don't wait
  3. Provide: employee's full name, date of birth, nationality, Home Office reference number
  4. Chase after 7 days if no response
  5. If you receive a Positive Verification Notice: statutory excuse renews for 6 months — schedule your next follow-up
  6. If you receive a Negative Verification Notice: the employee does not have the right to work — you must act on this immediately

The deadline is absolute. If day 28 passes without a Positive Verification Notice, your statutory excuse is gone. You're exposed to the full penalty — up to £45,000 per worker for a first offence.

For a detailed walkthrough of the grace period mechanics, see our 28-day grace period guide.

Part 6: Monthly compliance review

Spend 10 minutes each month on this review. It's the cheapest insurance against a five-figure penalty.

  1. Check your employee register — are all visa expiry dates current?
  2. Review upcoming expiries — any permissions expiring in the next 90 days?
  3. Check pending follow-ups — any ECS requests outstanding?
  4. Verify records are complete — any missing copies or dates?
  5. Confirm leavers' records — anyone who left in the past month? Start the 2-year retention clock.

Acceptable documents: quick reference

List A — permanent right to work

  • UK passport (current or expired)
  • Irish passport or passport card (current)
  • UK birth/adoption certificate + NI number proof
  • Certificate of registration or naturalisation as a British citizen + NI number proof
  • Document showing indefinite leave to remain/enter (where issued)

List B Group 1 — time-limited right to work

  • Passport or travel document showing limited leave to remain with permission to work
  • Biometric immigration document showing limited leave (note: BRPs expired 31 December 2024 — use the online checking service for eVisa holders)

List B Group 2 — pending applications

  • Certificate of Application under the EU Settlement Scheme
  • Application Registration Card with permission to work
  • Positive Verification Notice from the Employer Checking Service

For the full official document lists, see the gov.uk right to work checklist.

Sources

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