Right to work checks for care agencies
The three ways to check, when follow-up checks are due, and what to keep, based on the Home Office guide of 1 October 2026.
Checked against the sources on 11 October 2026 · 6 min read
Care agencies employ many workers with time-limited permission to work in the UK, so right to work checks, and the follow-up checks after them, are a routine part of recruitment. A correct check, done before the person starts work, gives you a statutory excuse against a civil penalty, which can be up to £60,000 per illegal worker.
The three ways to check
Home Office online check (share code)
The worker gives you a share code and their date of birth; you check them on the GOV.UK employer service. People with an eVisa can only prove their right to work this way.
Manual check of original documents
Obtain original documents from List A or List B of the guide, check them in the worker's presence, and keep a clear copy with the date you made the check.
Digital verification service provider
A certified provider (RtW DVSP) can check eligible documents, such as a valid British or Irish passport, digitally on your behalf.
Whichever method applies, the check must be finished before employment begins. You can't insist on a particular method; give the worker a reasonable chance to prove their right to work, and check everyone the same way, British citizens included, to avoid discrimination.
When follow-up checks are due
If someone has time-limited permission to work, you must check again on or before the date it ends if you want to keep employing them. The follow-up doesn't have to use the same method as the first check. No follow-up is needed if the first check showed settled status or status under the EU Settlement Scheme.
If a worker can't show continued permission at the follow-up, it doesn't always mean they have lost it: they may have an application in progress. The Employer Checking Service can confirm their status.
What to keep, and for how long
Keep a record of every check, including copies of documents or the online check result, for the whole of the person's employment and for two years after it ends, then destroy it securely.
Right to work checklist for each new starter
- Ask how they will prove their right to work; don't decide for them.
- Complete the check before their first shift.
- Keep the evidence and the date of the check on their record.
- If their permission is time-limited, diarise the follow-up for before it ends.
- Keep the record for their employment plus two years.
This guide summarises the Home Office employer's guide of 1 October 2026 and is not legal advice. The guide itself is the authority; read it for the full list of acceptable documents and special cases.