When must I carry out the right-to-work check?

The check must be carried out BEFORE the employment commences. A retrospective check carried out after the first day of work does not establish a statutory excuse under section 15(3) IANA 2006 for the period before the check. In the United Kingdom, the standard practice is to carry out the check during the offer-acceptance process, before the start date is confirmed, and the check date is recorded on the statutory excuse record. Sponsor Licence holders typically complete the check at the same time as Sponsorship Management System (SMS) entry is processed.

What is the difference between List A and List B?

List A documents establish a PERMANENT right to work — the worker is a British or Irish citizen, has settled status, or otherwise has indefinite leave. List A workers require no follow-up check. List B documents establish a TIME-LIMITED right to work — typically a Skilled Worker visa, Student visa, or other limited grant of leave. List B workers require a follow-up check before the expiry of permission, and the statutory excuse is extended by section 3C leave (28 days) where an extension or variation application is outstanding. Our template adapts the follow-up schedule automatically based on the outcome you select.

What is a share code and how do I verify it?

A share code is a 9-character alphanumeric code issued by the Home Office to a worker with digital immigration status, valid for 30 days from issue. The worker generates the share code at gov.uk/prove-right-to-work and gives the code and their date of birth to the UK employer. The employer verifies the share code at gov.uk/view-right-to-work — the resulting Home Office page shows the worker's photograph, the type of permission, the expiry date (if any), and any work restrictions. The employer prints or screenshots the page and attaches it to the statutory excuse record as the evidence of check. Most Skilled Worker visa holders now prove their right to work via share code rather than Biometric Residence Permit since BRP issuance ceased.

How long must I retain the record?

Section 15 IANA 2006 and the Home Office Employer's Guide require retention of the right-to-work check record for the duration of the employment plus 2 years after termination. The record must be produced to the Home Office on demand — typically during a compliance visit, a civil penalty enquiry, or a sponsor licence audit. UK employers commonly store the record in the personnel HRIS (e.g. BambooHR, Workday, SAP SuccessFactors), with a copy or screenshot of the document or share code result and a certified-true-copy stamp where the underlying document was paper-based.

What if I employ someone who turns out to be illegal?

If the Home Office establishes that an illegal worker was employed and the employer cannot produce a fully prescribed statutory excuse record, a civil penalty notice is issued for up to £45,000 per worker (first breach) or £60,000 per worker (repeat breaches). The employer may object within 28 days and appeal to the County Court (in England & Wales) within 28 days of the objection decision. A successful objection or appeal usually rests on the employer demonstrating that a prescribed check WAS in fact carried out — hence the importance of the contemporaneous statutory excuse record. In knowing-employment cases under section 21 IANA 2006, criminal sanctions including imprisonment up to 5 years apply.

Does the check satisfy my GDPR / data protection duties?

The right-to-work check involves processing personal data (identity documents, immigration status, photograph). The lawful basis under UK GDPR is typically Article 6(1)(c) — legal obligation — combined with Article 6(1)(f) where appropriate. Special category data (biometric data via IDVT) requires an Article 9(2)(b) employment-purposes lawful basis. The Home Office Employer's Guide expressly authorises retention for the duration of employment + 2 years. UK employers should record the processing on their Article 30 record-of-processing register and include the right-to-work check in their employee privacy notice.

Does this template work for Sponsor Licence holders?

Yes. The Expert version of our template includes a dedicated Sponsor Licence cross-reference section, allowing you to record the licence number and confirm that the SMS record is cross-referenced. UK Sponsor Licence holders should still complete the standard right-to-work check (typically via share code for Skilled Worker holders) AND maintain the SMS record — the two are independent compliance obligations. The Expert template's continuing duties paragraph also flags the wider Immigration Act 2016 Part 1 labour-market enforcement obligations relevant to all UK sponsor licence holders.

EmploymentUnited Kingdom

UK Right-to-Work Check Statutory Excuse Record

Generate a fully compliant UK right-to-work check statutory excuse record under section 15 of the Immigration, Asylum and Nationality Act 2006. Captures the prescribed check method (manual, IDVT via certified Identity Service Provider, or Home Office online check by share code), the List A / List B determination, the follow-up schedule for time-limited permission with section 3C leave handling, the Sponsor Licence linkage, the IDVT certified provider details, and the full statutory excuse evidential bundle aligned with the Home Office Employer's Guide (26 June 2025 edition). Without a fully prescribed check evidenced by a contemporaneous record, the United Kingdom employer has no defence against a civil penalty of up to £45,000 for a first breach or £60,000 for a repeat breach per illegal worker.

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RIGHT-TO-WORK CHECK — STATUTORY EXCUSE RECORD

Section 15 Immigration, Asylum And Nationality Act 2006 · Beacon Atlas Technology Ltd · 4 June 2026

EMPLOYEE IDENTIFICATION

FULL LEGAL NAME	Adaeze Chiamaka Okonkwo
DATE OF BIRTH	14 March 1995
NATIONALITY	Nigerian
ROLE / JOB TITLE	Senior Software Engineer
EMPLOYMENT START DATE	15 June 2026
WORKPLACE ADDRESS	Spitalfields Tech Hub, 25 Brushfield Street, London E1 6AA

CHECK DETAILS

CHECK DATE (BEFORE START)	4 June 2026
PRESCRIBED CHECK METHOD	Home Office online check via 9-character share code
DOCUMENT / EVIDENCE TYPE	Home Office online right-to-work check — Skilled Worker visa
DOCUMENT ID / SHARE CODE	Share code W2X-PKR-94Z
DOCUMENT EXPIRY	8 April 2028
OUTCOME	Pass — List B (time-limited right to work)

CHECKER AND EMPLOYER

CHECKER NAME	James Patrick Whitlock
CHECKER ROLE	Head of People Operations
EMPLOYER (LEGAL ENTITY)	Beacon Atlas Technology Ltd
COMPANIES HOUSE NUMBER	12876543
JURISDICTION	England and Wales

Statutory excuse declaration. The above-named checker, on behalf of Beacon Atlas Technology Ltd, confirms that the prescribed right-to-work check has been carried out in accordance with the Home Office Employer's Guide to Right to Work Checks (current 26 June 2025 edition) before the employment commenced. The check satisfies the requirements for a statutory excuse under section 15(3) of the Immigration, Asylum and Nationality Act 2006 against any civil penalty notice that may be issued for employing an illegal worker. Civil penalties under section 15 are currently up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for repeat breaches; the statutory excuse is the only legal protection available to the employer.

LIST B — FOLLOW-UP SCHEDULE

FOLLOW-UP CHECK REQUIRED?	Yes — time-limited permission
FOLLOW-UP DATE (TARGET)	8 March 2028
AUTOMATED DIARY REFERENCE	HRIS reminder REF-RTW-2028-0408

List B basis for follow-up. Skilled Worker visa valid from 9 April 2024 to 8 April 2028 (4-year initial grant). Follow-up check scheduled 28 days before expiry. Employee notified in writing of the Beacon Atlas Standard Operating Procedure for visa renewal under our Sponsor Licence.

The follow-up check must be carried out before the expiry of the worker's permission. Where the worker has applied to extend, vary, or otherwise regularise their status and that application is outstanding, the statutory excuse continues during the 28-day "section 3C" leave period — but a fresh check must be carried out before the 28-day window closes.

SPONSOR LICENCE / IDVT PROVIDER

SPONSOR LICENCE HELD	Yes — Skilled Worker / Worker / Temporary Worker
SPONSOR LICENCE NUMBER	BA98765432
LINKED TO SPONSOR LICENCE RECORD?	Yes — SMS record cross-referenced

STATUTORY EXCUSE EVIDENTIAL BUNDLE

COPY OF DOCUMENT ATTACHED?	Yes
CERTIFIED TRUE COPY STAMP?	Yes — date-stamped + checker-initialled
AUDIT TRAIL STORAGE	BambooHR personnel file — RTW folder — entry RTW-2026-0604-AOK
ANNUAL COMPLIANCE REVIEW	15 June 2027

Records retention. This record must be retained for the duration of the employment plus 2 years after termination, in accordance with section 15 of the Immigration, Asylum and Nationality Act 2006 and the Home Office Employer's Guide. It must be produced to the Home Office on request and forms part of the statutory excuse evidential bundle.

Continuing duties. The Employer acknowledges its continuing duties under the Immigration, Asylum and Nationality Act 2006 and the Immigration Act 2016 Part 1 (labour-market enforcement), including: (a) carrying out follow-up right-to-work checks for List B employees before expiry of permission; (b) reporting any change of circumstances or non-compliance to the Home Office through the Sponsor Management System where a sponsor licence is held; (c) retaining all check records and IDVT certifications for the prescribed period; (d) cooperating with any Home Office compliance visit, audit or civil-penalty enquiry; and (e) not knowingly employing or continuing to employ any person whose right to work cannot be established by a prescribed check.

CHECKER — ON BEHALF OF THE EMPLOYER

James Patrick Whitlock

Head of People Operations · Beacon Atlas Technology Ltd

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a UK Right-to-Work Check Statutory Excuse Record?

A UK right-to-work check statutory excuse record is the contemporaneous document an employer must create — and retain — to evidence that a prescribed right-to-work check was carried out before an employee's employment began. Under section 15 of the Immigration, Asylum and Nationality Act 2006, an employer in the United Kingdom who employs an individual who does not have the right to work is liable to a civil penalty of up to £45,000 for a first breach and up to £60,000 for repeat breaches per illegal worker. The only defence available is the statutory excuse under section 15(3), and that excuse is established only by carrying out a prescribed check in the manner set out in the Home Office Employer's Guide to Right to Work Checks — the latest edition of which dates from 26 June 2025.

British employers in 2026 have three prescribed check methods. The first is a manual check of an original document from List A (permanent right to work — British passport, naturalisation certificate, immigration status document) or List B (time-limited permission — Skilled Worker visa documentation, dependent permission). The second is Identity Document Validation Technology (IDVT) via a certified Identity Service Provider (IDSP) under the UK Digital Identity and Attributes Trust Framework, available to British and Irish passport holders. The third is the Home Office online check via a 9-character share code, valid for 30 days and used at gov.uk/view-right-to-work — this route covers most non-British and non-Irish workers with digital immigration status, and is now the primary mechanism for Skilled Worker visa holders since Biometric Residence Permits ceased to be issued.

The record itself must capture the employee's identity, the document examined (or share code / IDVT certificate), the date the check was carried out, the named checker on behalf of the employer, and — for List B workers — the follow-up schedule against the expiry of permission. Where the employer holds a Sponsor Licence, the record should cross-reference the Sponsor Management System entry. Where the check is by IDVT, the certified IDSP and IDSP certification reference must be recorded. The record must be retained for the duration of the employment and for two years after termination. A Home Office compliance visit or civil penalty enquiry will demand the evidential bundle, and an incomplete or absent record is fatal to the statutory excuse — there is no second chance once the alleged illegal-working period is established.

What's Covered in This Template

Our UK Right-to-Work Check Statutory Excuse Record template generates a structured form aligned with the Home Office Employer's Guide and the section 15 IANA 2006 civil-penalty regime.

Employee Identification

Full legal name, date of birth, nationality, role, employment start date, workplace address — all six elements required by the Home Office guidance.

Three Prescribed Check Methods

Manual (List A / List B), IDVT via certified IDSP for British / Irish passports, or Home Office online check via 9-character share code — the only methods that establish a statutory excuse in 2026.

Document Identification

Document type, document or share code ID, expiry date — captures the evidence-of-check requirement in the prescribed format.

Pass / Fail Outcome

List A (permanent right to work), List B (time-limited), or Fail. Fail outcomes prevent employment commencing; List B outcomes trigger the follow-up schedule.

Checker & Employer Details

Named checker (personally accountable), checker role, employer legal entity, Companies House number — the statutory excuse is held by the employer entity but executed by the named checker.

Section 15(3) IANA 2006 Statutory Excuse Declaration

Express declaration that the check was carried out in accordance with the Home Office Employer's Guide before employment commenced — the precondition for the statutory excuse.

List B Follow-up Schedule (Expert)

Target follow-up date, automated diary reference, List B documentation basis with section 3C leave handling for outstanding extension applications.

Sponsor Licence Cross-Reference (Expert)

Sponsor Licence number and Sponsor Management System (SMS) cross-reference for Skilled Worker / Worker / Temporary Worker route employees.

IDVT Provider Details (Expert)

IDVT provider (Yoti / Onfido / Veriff) and IDSP certification reference (DSIT / UKAS) — the IDVT route requires a certified provider under the UK Digital Identity and Attributes Trust Framework.

Statutory Excuse Evidential Bundle (Expert)

Document copy attached, certified-true-copy stamp with date and checker initials, audit-trail storage location, annual compliance review date.

Continuing Duties Paragraph (Expert)

Express acknowledgement of continuing duties under IANA 2006 and Immigration Act 2016 Part 1 — labour-market enforcement, SMS reporting, audit cooperation, and the prohibition on knowingly employing illegal workers.

Records Retention Notice

Mandatory 2-year retention after termination as required by the Home Office Employer's Guide and section 15 IANA 2006.

How to Create a UK Right-to-Work Check Statutory Excuse Record

Follow these steps to generate a statutory excuse record before your new UK employee starts work.

1
Capture the Employee Identification
Enter the employee's full legal name, date of birth, nationality, role, employment start date, and workplace address. Carry out the right-to-work check BEFORE the employment start date — a retrospective check carried out after work has commenced does not establish a statutory excuse for the period before the check, and the employer remains liable for civil penalties.
2
Choose the Prescribed Check Method
For British and Irish passport holders, IDVT via a certified Identity Service Provider is the fastest route. For other workers with digital immigration status (Skilled Worker, Student, dependent), use the Home Office online check by 9-character share code at gov.uk/view-right-to-work. For workers presenting original physical documents from List A or List B, use the manual check route. Each route is treated equivalently under section 15(3) IANA 2006 provided the prescribed steps are followed.
3
Record the Document Examined and the Outcome
Enter the document type (e.g. "British passport", "Share code result", "IDVT certificate"), the document ID or share code, and the expiry date (List B only). Select the outcome: List A pass (permanent right to work, no follow-up), List B pass (time-limited, follow-up required), or Fail (employment must not commence). The record will adapt automatically — including the List B follow-up requirement and the section 3C leave handling.
4
Name the Checker and Confirm the Employer
Enter the named individual carrying out the check (personally accountable), their role, and the employer legal entity (with Companies House number if applicable). Choose the governing UK jurisdiction (England & Wales, Scotland, Northern Ireland). The named checker appears on the statutory excuse record; the employer entity remains primarily liable under section 15 IANA 2006.
5
Complete the Expert Audit Trail (Sponsor + IDVT + Evidential Bundle)
In Expert mode, build the full audit trail: List B follow-up schedule with target date and automated diary reference; Sponsor Licence number and SMS cross-reference; IDVT provider name and IDSP certification reference; document copy attachment confirmation; certified true copy stamp; audit-trail storage location; annual compliance review. The record will close with a continuing-duties paragraph aligned with Immigration Act 2016 Part 1 — the labour-market enforcement framework. Retain the record for the duration of the employment plus 2 years after termination.

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Legal Considerations

The UK right-to-work check is a high-stakes compliance task — get it wrong and the employer faces a civil penalty with no defence. The 2026 framework rewards meticulous record-keeping and timely follow-up.

This template is for informational purposes only and does not constitute legal advice. UK immigration compliance is a specialist field — consult a qualified UK immigration solicitor for advice tailored to your circumstances, particularly for sponsor-licence holders.

Reviewed for England & Wales immigration compliance and Home Office Employer's Guide (26 June 2025)

Section 15 IANA 2006 — The Civil Penalty Regime

Section 15 of the Immigration, Asylum and Nationality Act 2006 imposes a civil penalty on any employer in the United Kingdom that employs an individual who does not have the right to work. The current penalty levels are up to £45,000 per illegal worker for a first breach and up to £60,000 per illegal worker for repeat breaches. The penalty is imposed by Home Office notice and is recoverable through the civil courts. The only defence is the statutory excuse under section 15(3), available only where a prescribed right-to-work check has been carried out in accordance with the Home Office Employer's Guide. The Code of Practice on preventing illegal working (Home Office, current edition) supplements the Act and sets out how penalties are calculated, mitigated, and challenged. There is no criminal offence for the employer in a section 15 case unless knowing employment is established under section 21 IANA 2006.

Three Prescribed Check Methods (2026)

The Home Office Employer's Guide (26 June 2025 edition) prescribes three check methods, any of which establishes the statutory excuse when carried out correctly: (1) Manual check of original documents — List A (permanent right to work — British passport, EU Settlement Scheme document, immigration status document, naturalisation certificate) or List B (time-limited — Skilled Worker visa documentation, dependent permission, biometric residence card); (2) Identity Document Validation Technology (IDVT) via a certified Identity Service Provider (IDSP) under the UK Digital Identity and Attributes Trust Framework — currently restricted to British and Irish passport holders; (3) Home Office online check via a 9-character alphanumeric share code, used at gov.uk/view-right-to-work — for any worker with digital immigration status, now the primary route for most non-British and non-Irish workers since Biometric Residence Permits ceased to be issued.

List B Follow-up and Section 3C Leave

Where the check establishes a List B outcome (time-limited right to work), the statutory excuse continues only while the original check remains current and a follow-up check is carried out before the expiry of permission. Where the worker has applied to extend, vary, or otherwise regularise their status, "section 3C" leave under the Immigration Act 1971 extends the statutory excuse for 28 days from the expiry of the original permission — but a fresh check must be carried out before that 28-day window closes. UK employers must operate an automated diary or HRIS reminder system tied to List B expiry dates; failure to repeat the check before expiry breaks the statutory excuse and exposes the employer to a fresh civil penalty for the period of unpermitted employment.

Sponsor Licence, IDVT and the Wider Compliance Framework

Where the British employer holds a Sponsor Licence under the Skilled Worker, Worker or Temporary Worker route, the right-to-work check record must cross-reference the Sponsor Management System (SMS) entry. The sponsor has additional reporting duties under the sponsor guidance (changes of role, salary, location, absence reports). Where the check is by IDVT, the IDSP must be certified under the UK Digital Identity and Attributes Trust Framework — typically by DSIT or a UKAS-accredited certification body. The Immigration Act 2016 Part 1 (Director of Labour Market Enforcement) sits behind the wider compliance framework, coordinating across HMRC, the Gangmasters and Labour Abuse Authority, and other agencies. Records must be retained for the duration of the employment plus 2 years after termination and produced on Home Office demand.

Frequently Asked Questions

Generate Your UK Right-to-Work Check Record Now

Use our free template to generate a UK right-to-work check statutory excuse record compliant with section 15 of the Immigration, Asylum and Nationality Act 2006 and the Home Office Employer's Guide (26 June 2025). Captures manual, IDVT and online share code check methods, List A / List B determination, follow-up schedules, Sponsor Licence linkage, IDVT certified provider details, and the full statutory excuse evidential bundle — ready to defeat any future civil penalty enquiry.

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