Right to Work Checks
A Guide for Overseas Employers with UK Workers
If you are responsible for hiring or managing UK-based employees on behalf of an overseas business, it is vital to understand and comply with the UK’s Right to Work (RTW) requirements. These checks are not optional – they are a legal obligation placed on all UK employers, regardless of whether your head office is based overseas.
At Türner & Co, we support overseas employers in ensuring their HR and payroll practices comply with UK law. One of the most common early-stage mistakes we see is failure to carry out a compliant RTW check. This could leave your business exposed to civil penalties or reputational risk.
What is a Right to Work Check?
A Right to Work check is a process that UK employers must follow before a person begins employment. It confirms the employee is legally allowed to work in the UK.
Failing to carry out these checks correctly can result in civil penalties of up to GBP 60,000 per illegal worker, even if the employer was unaware the individual was not permitted to work.
Right to Work checks must be carried out:
- Before employment starts
- On every employee, regardless of nationality
- Repeatedly, if the employee only has time-limited permission to work in the UK
Types of Checks
There are three types of Right to Work checks available:
- Manual Check
Verifying original documents in person. The employer must copy and retain the documents with a dated confirmation. - Digital Check (via IDVT Provider)
Available for British and Irish passport holders. A government-certified Identity Document Validation Technology provider can be used to perform checks digitally. - Online Home Office Check
Required for non-UK nationals who hold a digital immigration status (eVisa). The employee provides a share code, and the employer uses the Home Office portal to view their Right to Work status.
We can advise you which method is appropriate and assist in carrying it out correctly.
Common Pitfalls for Overseas Employers
Our experience working with overseas-based HR teams shows us that:
- Employers often assume a passport is enough – but this alone does not confirm work authorisation.
- Some employers delay checks until after onboarding – this does not meet legal requirements.
- HR teams are unfamiliar with the repeat-check process required for time-limited work visas.
We help prevent these mistakes and ensure your business stays compliant.
Why Outsource Right to Work Checks?
If you are managing UK staff from overseas, it is often easier and more reliable to outsource the RTW checks to a local expert. Türner & Co offers:
- Full compliance with Home Office guidance
- A clear audit trail in the event of future inspections
- Coordination with your UK payroll setup
- Support with visa routes and immigration status, via partner advisors if required
FAQs
Yes. Since Brexit, EU citizens no longer have automatic work rights in the UK. You must carry out RTW checks for every employee regardless of nationality.
Manual checks must be done in person unless you are using a certified IDVT provider or the Home Office online checking service. We can carry out in-person checks on your behalf.
Your statutory excuse expires, and if the person is found to be working illegally, you could be fined. We’ll help you track and manage visa expiry dates to avoid this.
No. There are specific requirements on how and when to take copies, and which documents are acceptable. We’ll make sure your documentation meets Home Office standards.
We don’t provide immigration advice directly, but we can put you in touch with a licensed advisor. We focus on HR and payroll compliance and ensuring your workforce setup aligns with UK rules.
Need Help?
If you have UK-based employees and want to ensure you’re meeting your legal obligations, we can help. Whether you need to carry out a Right to Work check for a new hire or review your procedures across the board, we provide expert support tailored to overseas employers.
Kate McDermott
Director
Head of Indirect Tax & HR
Jennifer Cooke
Assistant Manager
Management Reporting, Statutory Accounts, HR & Payroll