Work Authorisation Check
The legally required process of verifying that every person an employer hires has the legal right to work in the jurisdiction, before employment begins.
For business owners, operations managers & HR teamsWhat is Work Authorisation Check?
A work authorisation check is the legally required process by which employers verify that every person they hire has the legal right to work in the jurisdiction where they will be employed. The obligation is created by applicable immigration and employment legislation and applies to every employer - there are generally no exemptions based on employer size, sector, or the apparent nationality of the worker.
The check typically provides employers with a "statutory excuse" or "good faith defence" against civil penalties if they subsequently discover a worker is working without authorisation - provided the check was carried out correctly, before employment began, and in accordance with current official guidance. A check that was done incorrectly, or not done at all, provides no defence.
Critically for compliance management: some work authorisation permissions are time-limited - they expire when the worker's visa, work permit, or other immigration permission expires. Employers must carry out a follow-up check before the expiry of the time-limited permission and must not continue employing the individual if they cannot demonstrate a continuing right to work. Managing these expiry dates across a workforce is a recurring compliance obligation, not a one-time check.
Key Elements
Permanent vs. Time-Limited Authorisation
Some workers have permanent or indefinite work authorisation - citizenship, permanent residency, or equivalent. Others have time-limited authorisation - a work visa, temporary work permit, or sponsored employment. For time-limited authorisations, the employer must carry out a repeat check before the expiry date shown on the document.Acceptable Documents
Each jurisdiction specifies which documents are acceptable to demonstrate work authorisation - typically passports, national identity documents, work permits, visas, or government-issued verification codes. Using incorrect document types, even inadvertently, does not provide a statutory defence.Digital and Online Verification
Many jurisdictions now offer or require digital verification of work authorisation status through official government systems. When a worker verifies digitally, the employer typically receives a result showing current status and any time limitation. Time limits shown in digital checks must be tracked for follow-up.Statutory Defence / Good Faith Defence
Carrying out a compliant check gives the employer a defence against the civil penalty if the worker is later found to be working without authorisation. The check must be done before employment starts, must use acceptable documents or verification methods, and must be retained as a record.Record Keeping
Employers must retain a copy of the work authorisation check documentation - whether a physical document copy, a digital verification result, or a system record - for the duration of employment and typically for a defined period after employment ends. Always check local record-keeping requirements.Real-World Example
A hospitality business employs 30 staff members, 8 of whom are foreign nationals with time-limited work visas expiring at different dates. Work authorisation checks were done at onboarding. The HR manager tracks expiry dates in a spreadsheet.
One worker's visa expires in December. The HR manager forgets to carry out the repeat check. In January, an immigration authority employer visit discovers the worker has continued employment past their visa expiry date. The employer faces a civil penalty. Since the initial work authorisation check was done correctly but the follow-up was missed, there is no statutory excuse for the continued employment. An automated reminder system tracking each worker's work authorisation expiry date - with alerts 60, 30, and 7 days before expiry - would have prompted the repeat check before the visa expired.
Watch Out For
Missing the repeat check for time-limited permissions
Many employers correctly carry out the initial check but fail to track when time-limited permissions expire and when the repeat check must be done. The repeat check must be completed before the current permission expires - not when you happen to notice it has lapsed.Treating the check as a one-size-fits-all process
Different documents and worker categories require different verification steps. The verification method, documents, and process vary by jurisdiction. Using the wrong process, even inadvertently, may not provide a statutory defence.Not retaining records for the required period
Work authorisation records must be retained during employment and for a defined period after it ends. Many employers delete HR records promptly after termination. Failure to retain records means you cannot demonstrate a statutory defence if a legacy employment is investigated.How to Use This in Your Favour
Track expiry dates for all time-limited permissions centrally
The only way to reliably manage work authorisation expiry dates across a workforce is through a centralised tracking system - not individual HR files or manager memory. A compliance management platform that holds each worker's permission expiry date and sends automated reminders ensures the repeat check happens proactively, before any legal exposure arises.Document every check, including the method used
Record the type of check performed, the date it was done, and who carried it out. This documentation is the basis of your statutory defence and must be available for regulatory inspection.Frequently Asked Questions
What happens if an employer does not carry out work authorisation checks?
In most jurisdictions, employers who fail to carry out work authorisation checks before employment and are found to employ people without legal work rights face civil penalties that can be substantial - often scaled to the number of workers involved. Employers who knowingly employ people without authorisation face criminal prosecution in most jurisdictions, with significant fines and potential imprisonment. The absence of a compliant check typically means the employer cannot rely on any good faith or statutory defence against penalties.
Do work authorisation checks apply to all workers, including nationals?
In most jurisdictions, yes. Employers are typically required to carry out a work authorisation check for every worker, regardless of their apparent nationality. You cannot assume someone has the right to work based on their name, appearance, or accent - the legal obligation requires a verified check for everyone. Selective checking based on race or national origin is also unlawful under applicable anti-discrimination laws.
How do I manage work authorisation expiry dates for a large workforce?
The key steps are: (1) Record the work authorisation document type and expiry date at onboarding for every worker with time-limited permission. (2) Track those expiry dates in a centralised system - not individual HR records. (3) Set automated reminders at 60, 30, and 7 days before each expiry date. (4) Initiate the repeat check process when the reminder triggers - do not wait for the expiry date itself. ExpiryEdge can store each worker's work authorisation status and send automated reminders to HR before each repeat check is due.
Do I need to re-check if an employee changes their immigration status?
Yes. Any change in immigration status - a new visa, a change from time-limited to indefinite leave, or a naturalisation - should trigger a fresh work authorisation check. The updated check should be recorded and retained alongside the original. Until you have carried out and recorded the new check, you should operate as if the previous time-limited permission is still in effect.