Right to Work
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
Everyone working in the UK must have the legal right to work. Your employer is required to check your immigration status before you start.
Who has the right to work:
- British citizens and Irish citizens — unconditional right
- People with settled status (Indefinite Leave to Remain or EU Settlement Scheme settled status) — unconditional right
- People with valid work visas (Skilled Worker, Graduate, Youth Mobility, etc.) — right to work within the visa conditions
- EU/EEA nationals with pre-settled status — right to work while status is valid
Your employer can verify your right to work via the Home Office online checking service using your share code, or by checking original documents.
When does it apply?
- All employers must conduct right-to-work checks before employment begins and, for time-limited immigration status, follow-up checks before the permission expires.
- If you have no right to work and work anyway, both you and your employer face penalties. Employers can be fined up to £60,000 per illegal worker.
- Asylum seekers do not normally have the right to work. However, if a decision on your asylum claim has taken more than 12 months (through no fault of your own), you can apply for permission to work in jobs on the Shortage Occupation List.
- Your visa conditions may restrict the type of work or hours — check your digital immigration status via your UKVI online account (all BRPs expired on 31 December 2024).
What should you do?
- Generate a share code at gov.uk/prove-right-to-work — give this to your employer so they can verify your status online.
- If you have a physical document (passport, BRP), your employer can check it in person.
- If your visa is expiring, apply to extend before it runs out — if you apply before expiry, your existing conditions continue until a decision is made (this is called "section 3C leave").
- If you believe an employer has discriminated against you based on nationality during right-to-work checks, contact ACAS or the EHRC.
What should you NOT do?
- Don't work if your visa doesn't allow it — this can lead to your visa being cancelled and future applications refused.
- Don't let your employer demand specific documents — they must accept any valid document from the acceptable documents list, not just a passport.
- Don't pay for a right-to-work check — your employer bears this cost, not you.
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