At National Screening Agency, we are dedicated to guiding organisations through the ever-evolving landscape of employment screening and compliance. As experts in employee vetting, we streamline the process so your team is thoroughly verified for the right to work in the UK, ensuring you meet regulatory requirements efficiently and with confidence.
About the 12 February Right To Work checks guidance update
The article covers the government’s updated guidance on right to work checks conducted on or after 12 February 2025 and sets out the specific actions you can take to prevent liability for a civil penalty, known as “establishing statutory excuse”.
The previous version of this guidance was published on 23 September 2024.
The legal framework
Under the Immigration, Asylum and Nationality Act 2006, employers are legally obligated to verify the immigration status of employees before they start work. Recent updates to the law and official guidance have intensified penalties with civil fines for non-compliance which can reach up to £45,000 for a first breach and £60,000 for repeat offences per illegal worker.
The law on preventing illegal working and the obligation to perform right to work checks stems from legislation set out in various sections of the following:
Why Right to Work checks matter
Every employer in the UK must verify that new hires have the legal right to work. These checks help:
- Prevent illegal working: Protecting both the business and vulnerable workers.
- Avoid hefty penalties: Establishing a statutory excuse can safeguard your company from civil fines if an illegal worker is found on your payroll.
- Ensure operational continuity: If illegal workers are removed from your business it may disrupt your operations and result in reputational damage.
Key changes in the Right-To-Work guidance of 12 February 2025
1. Verification Procedures
Digital and Manual Checks
Employers can establish their statutory excuse with the following three options, depending on the nationality of the candidate:
- A manual document-based check for British and Irish citizens (ensuring you obtain, verify, and securely copy original documents). The onus here is heavily on the employer to ensure compliance and maintain their audit trail and documentation.
- A digital check using Identity Document Validation Technology (IDVT) via a certified Identity Service Provider (IDSP) for British and Irish citizens. Let us take care of this for you with automated document verification and a comprehensive audit trail.
- An online check through the Home Office’s digital right to work service for non-British/Irish nationals.
2. Decommissioning of Biometric Cards
Transition to Digital Status
The updated guidance confirms the decommissioning of biometric cards such as Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs). Individuals who previously relied on these documents are now required to set up a UKVI account to access their eVisa, which will serve as the new proof of their right to work.
3. Updated Acceptable Documents
Revised Document Requirements
The revised Annex A now clarifies that a clipped British or Irish passport is considered cancelled and is no longer acceptable as proof of the right to work. Note however that expired (not clipped) British / Irish passports are however still acceptable as proof of right to work. Meanwhile, birth certificates (short or long) remain acceptable when presented alongside official evidence of the holder’s name and National Insurance number.
4. Specific Guidance for Ukrainian Nationals
Ukraine Permission Extension Scheme
Annex D of the updated guidance confirms that the Ukraine Permission Extension scheme has been open since 4 February 2025. Employers hiring Ukrainian nationals should review this section closely to ensure compliance with the new requirements.
Establishing a Statutory Excuse. What documents are acceptable?
The guidance categorizes acceptable documents into two lists:
- List A: For individuals with a continuous right to work in the UK. Once verified, no further checks are required.
- List B: For individuals with time-limited permissions. In these cases, employers must conduct follow-up checks before the permission expires.
Notably, the 12 February updates clarify that certain documents like a clipped British or Irish passport are now considered cancelled and are not acceptable as proof of right to work. Meanwhile, birth certificates (both short and long versions) remain valid when paired with official evidence verifying the holder’s identity.
A statutory excuse is an employer’s defence against a civil penalty. In order to establish a statutory excuse a right to work check must have been undertaken using one of the following:
1. Manual document checks
- Obtain: Collect original documents from the approved lists (List A for continuous right to work or List B for temporary permissions).
- Check: Verify that the documents are genuine, unexpired, and that the details (such as photos, dates of birth, and immigration permissions) match the individual.
- Copy: Make a clear, tamper-proof copy of each document and record the date of the check.
2. Digital Identity Verification for British and Irish citizens
For British and Irish citizens, Identity Document Validation Technology (IDVT) via certified Identity Service Providers can be used. At National Screening Agency we provide compliant right to work checks with automated document verification and a comprehensive audit trail, ensuring your business stays protected and conforms with UK immigration laws.
3. Home Office online checks for Non-British and non-Irish
Non-British and non-Irish applicants can provide you their “share code” and be verified through the Home Office’s eVisa online checking service.
The Importance of compliance
Failing to comply with right-to-work requirements can lead to severe consequences:
- Legal Penalties: Employers may face civil penalties per illegal worker. In severe cases, criminal charges could be pursued.
- Reputational Damage: Non-compliance can harm your organization’s reputation, affecting relationships with clients, partners, and stakeholders.
- Operational Disruptions: Investigations and penalties can disrupt business operations, leading to financial losses and decreased productivity.
Detailed information on 12 February right to work check guidance update
For more detailed information, review the official Employer’s guide to right to work checks post.
How National Screening Agency can assist
At the National Screening Agency, we specialize in helping organizations navigate complex compliance requirements. Our services include:
- Comprehensive pre-employment checks
We offer tailored background screening solutions, including verifying immigration status and conducting right-to-work checks. - Expert guidance
Our team stays abreast of regulatory changes to provide you with up-to-date advice and support. - Our intuitive screening portal
Our employment screening application has three integrated web portals to separate functional use for HR departments, screening staff and applicants.
For assistance with right-to-work checks and other employment screening services, please contact us.