What Mistakes Employers Make When Handling Right‑to‑Work Checks
Right‑to‑work checks (RTW) should be one of the simplest compliance tasks an employer handles. Yet every year, businesses across the UK face fines, reputational damage, and operational disruption because the process is misunderstood, rushed, or delegated without proper oversight.
The good news is that most issues are entirely avoidable. Here are the most frequent errors employers make, why they happen, and how to prevent them.
Treating RTW checks as a box‑ticking exercise
Many employers assume RTW checks are administrative rather than legal. This leads to shortcuts—verbal assurances, quick glances at documents, or relying on a candidate’s confidence.
Why it’s a problem:
The Home Office doesn’t accept “I thought it looked fine” as a defence. If the check isn’t done correctly, the employer is liable.
Better approach:
Treat RTW checks as a statutory obligation with clear steps, evidence, and audit trails.
Checking documents after employment has started
This is one of the most common, and costly mistakes. It happens because hiring managers want someone to start immediately, or onboarding is decentralised and chaotic.
Why it’s a problem:
A late check is treated as no check at all. Even if the employee has valid status, the employer loses their statutory excuse.
Accepting the wrong documents or incomplete evidence
Employers often rely on outdated lists or misunderstand what constitutes acceptable proof.
Examples include:
- Accepting a share code without verifying it online
- Accepting a BRP without checking expiry dates
- Accepting a digital status screenshot instead of a Home Office verification result
- Accepting photocopies or emailed scans for in‑person checks
Why it’s a problem:
Only specific documents and processes create a statutory excuse. Anything else leaves the employer exposed.
Not understanding digital status
Since the shift to digital immigration status, many employers still assume a BRP or vignette is the “real” evidence. As of 6th April 2022, a physical BRP is no longer sufficient on its own as proof of right to work for new employment checks in the UK. Instead employers must use the Home Office online right to work service to verify status, using the BRP number along with a share code.
Common misconceptions:
- “The BRP expiry date is the visa expiry date.”
- “If they have a BRP, I don’t need to check the online system.”
- “Digital status is optional.”
Reality:
The online Home Office system is the only source of truth for digital status holders.
Failing to diarise follow‑up checks
For employees with time‑limited permission, employers must repeat checks before the expiry date. Missed follow‑ups are treated as if no check was ever done. This is where civil penalties originate.
Delegating checks without training
Startups and scaleups often hand RTW checks to:
- Office managers
- Junior HR staff
- Team leads
- Recruiters
Why it’s a problem:
If the person doing the check doesn’t understand the rules, the business is still liable. A better approach is to delegate the task to an immigration specialist or train a member of the HR team who conducts checks and ensure they follow a standardised process.
Relying on outdated COVID‑era practices
Some employers still believe remote checks via video call are acceptable for all employees.
Reality:
The temporary COVID concessions ended. Remote checks are only valid if done through a certified Identity Service Provider (IDSP) and only for British/Irish passport holders.
Not keeping compliant records
Even when checks are done correctly, employers often fail to store:
- The verification result
- The date the check was completed
- Evidence of who conducted the check
- Copies of documents (where required)
Why it’s a problem:
If the Home Office audits you, you must be able to prove compliance.
Assuming sponsored workers are “safe”
Employers often think that if someone has a Skilled Worker visa, the RTW check is straightforward – this is definitely not the case and failure to ensure compliance can jeopardise a sponsor licence.
Reality:
Sponsored workers require:
- Correct online verification
- Ongoing monitoring
- Reporting certain changes
- Repeat checks if their permission is time‑limited
Not seeking advice when something looks unusual
Employers sometimes ignore red flags because they don’t want to delay onboarding or don’t know what to do. This is where an expert reviewing the document can prevent a costly mistake.
Examples:
- Mismatched names
- Unusual visa categories
- Pending applications
- Complex immigration histories
Final Thoughts
Right‑to‑work compliance isn’t about bureaucracy – it’s about protecting your business. The Home Office expects employers to follow a clear, consistent process, and the penalties for getting it wrong are significant. The good news is that with the right systems, training, and support, RTW checks can be simple, fast, and risk‑free.
You don’t have to navigate RTW rules alone. If you are unsure about a recent Right‑to‑work checks result or need support with the process, contact The Visa Office — we’re here to help.
Email: contact@visa-office.com
Tel: 01225 256 800
