A right to work check is a simple step: before someone starts, you confirm that the law lets them work for you. The rules differ by country, so the right method in the US is not the right method in the UK or the EU. This guide gives the basics for each, a routine you can copy, and the errors small employers make most often.
Key takeaways
- Do the check for every new hire, in the same way, so no one is treated differently.
- In the US, the employer completes Form I-9 for each new employee. In the UK, the employer checks and keeps a record. In the EU, national rules apply.
- Check original documents, with the person in front of you or through the official route for your country.
- Never ask for more documents than the rules require, and never choose documents for the person.
- Diarise expiry dates and keep records for the period your national rules require.
Why the check matters
Employing someone who is not allowed to work can lead to fines and other penalties. Checking only some people, or asking some people for extra papers, can also be unlawful discrimination. The safest approach is one fixed routine that every new hire goes through.
The check is not a hiring test. It happens after you decide to make an offer, not before. A person who looks or sounds foreign is not more likely to need a check, and every person you hire needs the same one.
The general routine, in any country
- Make the offer conditional on the right to work check.
- Tell the person which documents are accepted, and let them choose which to show.
- Look at the original documents with the person present, or use the official online route where one exists.
- Check that the documents look genuine, that the photo and details match the person, and that the dates are valid.
- Record the result in the way your national rules require.
- Add any expiry or review date to your calendar.
- Store the record safely, and delete it when the retention period ends.

United States: Form I-9
In the US, every employer must complete Form I-9 for each new employee. The employee fills in their section no later than their first day of work. The employer then examines documents that show identity and work authorisation, and completes the employer section within the time the form instructions give. The official source is the USCIS I-9 page, which links to the current form, the instructions and the list of acceptable documents.
Key points for small US employers
- The employee chooses which acceptable documents to show. You must not say which ones you want.
- You examine the documents and record what you saw. You do not need to keep copies unless you do so for every employee.
- Use the current version of the form. Older versions may not be accepted.
- Some employers can use an electronic system, and some can use E-Verify. Check the USCIS page before choosing either route.
- Keep each form for the period the instructions state, and store I-9 forms apart from personnel files so they are easy to produce.
US errors to avoid
- Asking for a particular document, such as a passport or a green card.
- Filling in the form before the person has accepted the job.
- Asking for documents from some people but not others.
- Letting the employee complete the employer section.
- Failing to follow up when work authorisation has an end date.
United Kingdom: right to work checks
In the UK, employers must check that a person has the right to work before they start. Doing the check correctly gives the employer a statutory excuse against a civil penalty if the person later turns out not to be allowed to work. The route depends on the person. Some people can be checked using original documents, and some can be checked online using a share code. The official guidance is on the GOV.UK right to work check page, and the wider employer overview is at GOV.UK employing people.
Key points for small UK employers
- Check before the person starts work. A check done after the start date does not give the same protection.
- Use the route that fits the person. British and Irish citizens can show certain documents, and others may prove their status online.
- Make and keep a copy of the evidence, with a note of the date you did the check.
- Diarise any time limit, and repeat the check before it ends.
- Keep the record for the whole time the person works for you, plus the period the guidance states afterwards.
UK errors to avoid
- Doing the check by video call or by looking at a photo sent by message, when the guidance requires a different method.
- Keeping no record of the date of the check.
- Missing a follow-up check when a visa or permission has an end date.
- Asking only people with a foreign accent or name.
- Using out-of-date guidance. Check the GOV.UK page each time you hire.
European Union: national rules apply
The EU does not have one single right to work check. Each member state sets its own rules for how an employer confirms a worker can work, what documents are accepted, what notifications are needed and what records are kept. EU citizens have a right to work in other member states, but the employer may still need to register or notify the worker in the way national law requires. Start with the Your Europe business pages on human resources, then check the page of the national authority in the country where the person will work.
A simple approach for EU employers
- Identify the country where the work will be done.
- Find the national rule for checking identity and work authorisation, and for registering a new employee.
- Ask the person for the documents the national rule names, and record what you saw.
- For non-EU workers, check whether a work permit or residence permit is needed, and when it ends.
- Ask a local adviser if you are unsure. Rules for posted workers and remote workers can differ.
If you are hiring someone who lives in another country, read how to hire in another country before you make an offer.
Compare the three approaches
| Question | US | UK | EU |
|---|---|---|---|
| Who does the check? | Employer | Employer | Employer, under national rules |
| When? | After acceptance, within the form timeline | Before the start date | Before or at the start, per national rule |
| Who chooses documents? | The employee | The employee, within the allowed list | Depends on the country |
| What do you keep? | Form I-9 | Copy of evidence and date of check | Depends on the country |
| Repeat checks? | When authorisation ends | When permission ends | When a permit ends |
A copyable checklist
- Offer letter says the job is conditional on a right to work check.
- The same routine is used for every new hire.
- The person is told which documents are accepted and is not told which to choose.
- Documents are checked in person or through the official route.
- The person has been compared with the photo and details on the document.
- The date of the check and the name of the checker are recorded.
- Expiry dates are added to the calendar with a reminder at least a month before.
- Records are stored securely and deleted when the retention period ends.
Candidates, privacy and fairness
Right to work documents contain personal data, and in some cases special category data. Collect them only from the person you are hiring, not from every applicant. Tell them why you need them and how long you will keep them. The article on GDPR for job applicants explains how to write a clear notice.
Do not ask about someone immigration status in the first interview or on the application form. Ask whether they are legally able to work in the country where the job is, in the way your national guidance allows, and leave detailed checks until after the offer.
What to do when a document looks wrong
If a document does not look genuine or does not match the person, do not accuse them. Stay calm, say that you cannot accept the document, and ask whether they have another acceptable one. Write down what you saw and what you said. In the UK and the US there are official routes for checking a case, and in the EU you can contact the national authority. Do not start work until the check is complete.
Where this fits in your hiring process
The right to work check is the last step before the first day, after the offer and the references. Put it in your timeline from the start. The first hire plan shows where it sits, and the offer letter template has a line for a conditional offer. Then plan the first 30 days so the person has a good start.
A simple log you can copy
| Name | Start date | Check method | Date checked | Checked by | Expiry or review date |
|---|---|---|---|---|---|
| Example Person (fictional) | 1st of the month | Original documents | Before start | Owner | None |
| Example Person B (fictional) | 1st of the month | Online share code | Before start | Manager | Date on permission |
Special cases small employers meet
Remote and hybrid workers
If someone works from home in a different country from your office, the law of the country where they work usually decides which check applies. Do not assume the rules of your own country cover them. Before you make the offer, find the official guidance for the place where the work will be done, and ask a local adviser whether you must register as an employer there.
Part-time, seasonal and short contracts
The check is needed for every employee, however short the job. A student who works two weeks in the summer needs the same check as a full-time manager. Build the check into your seasonal hiring routine, and set aside time for it in the week before the start date so the first day is not delayed.
Agency workers and contractors
If you use an agency, the agency usually does the check for the workers it supplies, but your contract should say so in writing. If you engage a self-employed contractor, the rules can differ, and the label on the contract does not decide the matter. Read employee or contractor before you rely on a label.
Students and people with limited permission
Some visas allow only limited hours or only some types of work. Ask for the details of the permission, record any limit, and make sure the rota respects it. Write the limit in the log so the next manager sees it.
Training the person who does the check
Whoever does the check should be named, trained and consistent. Give them a one-page guide that lists the steps, the accepted documents and the official page for your country. Ask them to practise with a colleague before the first real check. If the checker is on leave when a new hire starts, name a backup so the check is never skipped.
Review the process twice a year. Pick a few records at random and ask three questions: was the check done before the start date, is the record complete, and is any expiry date missing from the calendar. Fix gaps at once and note the change in your log.
Five-minute self audit
- Open your last five hire records. Is each check dated and signed?
- Is there a diary entry for every document that expires?
- Do you store the records in one place, with limited access?
- Does your offer letter mention the check?
- Does your job ad avoid asking for particular documents?
Frequently asked questions
Can I check right to work before making an offer?
It is usually better to check after you decide to make an offer, and to apply the same step to every person you hire. Checking earlier can lead to unfair treatment of applicants.
Do I need copies of documents?
In the UK you need to keep a copy and record the date. In the US you complete Form I-9 and need not copy documents unless you do so for everyone. Other countries differ, so check the official page.
What if the person has a time limit on their right to work?
Add the end date to your calendar, remind the person in good time, and repeat the check before it ends according to your national rules.
Can I use a service to do the checks for me?
Yes, in some countries. You remain responsible for the result, so choose a provider who follows the official method.
Related guides
This is general information, not legal advice.


















