Why ongoing right to work checks matter
As an employer, ensuring all your staff have the legal right to work in the UK isn’t just good business practice—it’s a legal requirement. While most employers are diligent about conducting right to work checks when hiring new staff, there’s often confusion about obligations regarding long-standing employees, particularly those who have been with your company for many years.
Your ongoing responsibility
The Home Office is clear that employers have an ongoing responsibility to prevent illegal working. Even if you conducted thorough checks when an employee first joined your organisation, their right to work status may have changed over time. Failing to stay vigilant could expose your business to substantial penalties.
When to conduct follow-up checks
For long-standing employees, follow-up checks should be conducted in the following circumstances:
- When a time-limited right to work is due to expire
- If there’s a change in the employee’s immigration status
- If there’s any reason to believe an employee’s right to work may have changed
Understanding time-limited right to work
If you initially conducted a right to work check on an employee who had a time-limited right to work in the UK, you must conduct a follow-up check when that permission is approaching its expiry date. This applies regardless of how long the person has worked for your organisation.
Common examples include:
- Employees with work visas that have an expiry date
- Those on time-limited immigration schemes
- EU citizens who secured pre-settled status under the EU Settlement Scheme
Using the right documentation
The Home Office regularly updates its guidance on acceptable documentation for right to work checks. One significant recent update (March 2025) reflects the increasing use of eVisas rather than physical immigration documents.
When conducting follow-up checks on long-standing employees, you must ensure you’re using the most current guidance. The official employer’s right to work checklist is available on the GOV.UK website and should be your primary reference.
Digital checks and the Employer Checking Service
For many long-standing employees, particularly those who now have digital immigration status (eVisas), you can use the Home Office’s online checking service. This provides real-time verification of an individual’s right to work.
If an employee has an outstanding application with the Home Office that was made before their previous leave expired, or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.
Record-keeping for long-standing employees
Your responsibility to maintain proper records doesn’t diminish over time. For all employees, including those who have worked for you for many years, you should:
- Keep copies of all right to work checks
- Record the date of each check
- Set reminders for follow-up checks where necessary
- Document any verification notices received
The consequences of non-compliance
Failing to conduct appropriate right to work checks on all employees—regardless of their length of service—can result in:
- Civil penalties of up to £20,000 per illegal worker
- Criminal charges in serious cases
- Reputational damage to your business
- Potential loss of your sponsor licence if applicable
How we can help
As your payroll partner, we understand the challenges of maintaining compliance with right to work regulations, especially for businesses with established workforces. We can assist with:
- Setting up reminder systems for time-limited right to work checks
- Advising on the latest Home Office guidance
- Supporting your record-keeping processes
- Helping you navigate the Employer Checking Service
Maintaining compliant right to work practices for your entire workforce, including long-standing employees, protects your business from penalties whilst supporting fair and legal employment practices. If you need guidance on conducting checks for your existing staff, please contact us at enquiries@payrollhub.co.uk, and we’ll be happy to help.