When does a right to work check need to be repeated?

Every UK employer, for every worker, before employment starts. A correct check gives a statutory excuse against a civil penalty if the person turns out to be working illegally. From 1 October 2026 the Home Office extends civil penalty liability, in some contracting chains, beyond the direct employer, and publishes a new employer’s guide from that date.

• If a follow-up check is missed, the statutory excuse runs out when the person’s permission ends, even if they still have the right to work.
• Employing someone illegally without a statutory excuse can mean a civil penalty of up to £60,000 per illegal worker.
• In serious cases there can be a criminal conviction carrying up to five years in prison and an unlimited fine, and closure of the business with a compliance order.
• If the person has an in-time application, appeal or administrative review pending, the excuse can continue for up to 28 days from their permission end date while you get a Positive Verification Notice from the Employer Checking Service.

1. 1

   Log the end date at the first check

   For List B documents and time-limited online checks, record the permission end date on the day you do the initial check.

2. 2

   Ask for a new share code early

   For an online follow-up, ask the worker for a share code and repeat the Home Office online check, keeping the profile page as a PDF.

3. 3

   If there is an application pending

   Contact the Employer Checking Service. A Positive Verification Notice gives a statutory excuse for six months, after which you check again.

4. 4

   Give the person a fair chance

   Failing to show evidence does not always mean they have lost the right to work, for example with section 3C leave or a share code problem. Home Office guidance says to give them a reasonable opportunity.

5. 5

   Record and diarise the next date

   Keep a clear copy of every check and set the next follow-up date straight away if permission is still time-limited.

A simple reminder plan: 90 days, 60 days, 30 days, 7 days before the expiry date. The calculator above puts these in your calendar.

• A clear copy of each check: document copies, the online check profile page, or the Positive Verification Notice, with the date of the check.
• Keep them securely for the whole employment and for two years after it ends, then destroy them securely.
• The date each follow-up check is due, for everyone with time-limited permission.

• Re-checking British, Irish or settled staff "just in case" while missing the one check that matters: the follow-up for time-limited permission.
• Assuming a TUPE transfer gives a grace period for follow-up checks. The 60-day grace period only covers fresh initial checks.
• Accepting a manual check of an expired biometric residence permit. It is not acceptable proof; only an online check gives a statutory excuse.
• Dismissing someone who cannot produce a share code on the day without checking with the Employer Checking Service.