In September 2025, the UK government announced plans to introduce a mandatory new digital ID scheme for employees to prove that they have the right to work in the UK, intended to be in place by 2029. Whilst the government may have abandoned those plans, this does not change the existing rules obliging employers to carry out ID checks on new employees.
The existing checks
All employers are required to check that any new employee has the right to work in the UK. Where the new employee is a British or Irish citizen, this will often be done by checking the employee’s passport.
For nationals of other countries, the employee may produce their current passport if it has been endorsed by UK immigration control to say that they have the right to stay in the UK without any time limit. The Home Office might also issue an Immigration Status Document which confirms that they have the right to be in the UK without any time limit. In some cases, the employee will only be allowed to work in the UK for a set time period, and employers will need to be careful that this has not already passed before the employment starts.
Where the employee is not a British or Irish citizen, if they are allowed to work in the UK, they should have received a right to work share code. Employers can check a job applicant's right to work by entering the employee’s date of birth and right to work share code. An identity service provider who offers Identity Document Validation Technology (IDVT) can also be used as an alternative.
It is important to bear in mind that an employee’s immigration status is different to having a National Insurance number in the UK. Even where the employee has a National Insurance number, they still need prove they are allowed to work in the UK.
Employees from the European Union (EU), European Economic Area (EEA) and Switzerland
When the UK left the EU, the rules for employees from the EU, EEA and Switzerland changed.
Employees who arrived in the UK on or before 31 December 2020 could apply for the EU Settlement Scheme, giving them the right to live and work in the UK. Generally, for employees who were already employed before 1 July 2021 and have been granted settled status under the EU Settlement regime, there is no requirement to carry out retrospective right-to-work checks.
Employees from the EU, EEA and Switzerland who start work after these dates generally require UK visa sponsorship.
Visa sponsorship is a complex area, and employers should seek advice from a specialist who can help ensure they remain compliant.
What to do after checking the employee can work in the UK
It is important to keep evidence of having checked that the employee can work in the UK. Where a passport has been checked, employers should keep a copy on file in case UK immigration authorities request evidence of the employee’s right to work at a later date.
As a way of demonstrating that they have carried out the required checks, employers can enter the employee’s passport number on the Full Payment Submission submitted to HMRC the first time the employee is paid.
If things go wrong
If employers knowingly employ someone who does not have the right to work in the UK, they can be sent to jail for up to five years and have to pay an unlimited fine. There is also a penalty of up to ÂŁ60,000 per illegal worker if employers have not carried out the required checks and the employee does not have the right to work in the UK.
Carrying out the checks and keeping evidence of having done so is therefore important to protect the business in case of any future queries from the UK immigration authorities.
Where to get help
The government has published information on checking a job applicant's right to work and has produced an Employer’s guide to right to work checks on the steps that you need to take as an employer and what you need to do if a new employee is unable to show their documents to you. Employers can also contact the Home Office for further support.
This article reflects the position at the date of publication shown above. If you are reading this at a later date you are advised to check that that position has not changed in the time since. 
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