What is a right to work check?

A right to work check is a legal process through which an employer verifies that a worker holds authorization to perform paid work in a country before employment starts.

Most countries require this verification for every new hire, regardless of nationality. The check is separate from securing a work permit or work visa, but relies on those documents as evidence.

Which workers require a right to work check

Employers must check every new hire, not only foreign nationals. The UK Home Office requires checks on all workers, including British and Irish citizens, before their first day. In the US, USCIS requires all employers to complete Form I-9 for every new employee, regardless of citizenship or immigration status.

The obligation covers permanent staff, fixed-term hires, and agency workers. The specific scope, including whether unpaid positions fall under the requirement, depends on national rules.

What documents satisfy a right to work check

Accepted documents vary by country and by each worker's immigration status. Here are two country examples:

United Kingdom

Employers check original acceptable documents, such as a UK or Irish passport or a Biometric Residence Permit, and retain a copy dated at the time of checking.

Workers with a share code linked to their UK Visas and Immigration record use the Home Office's online checking service instead. British and Irish citizens may alternatively verify identity through an approved Identity Document Validation Technology provider.

United States

USCIS administers Form I-9, which all US employers must complete for every new hire. Workers present either a single List A document establishing both identity and employment authorization (such as a US passport or Permanent Resident Card), or one List B document (identity) combined with one List C document (employment authorization).

Employers may not specify which documents a worker presents, as long as the documents come from the correct lists.

How to conduct a right to work check

1. Request acceptable documents from the new hire before or on their first day of work. The worker chooses which documents to present from the country-specific permitted lists.

2. Examine the originals in person, or run the relevant online service where the country permits it. Confirm the document is genuine, current, and belongs to the person presenting it.

3. Retain a copy of every document checked. Date-stamp the copy at the time of the check.

4. Record the outcome and note any expiry date on time-limited permissions. When a permission has an end date, a follow-up check must happen before it lapses, since a worker whose authorization expires no longer has the right to work.

Right to work checks for remote and international hires

The country where the work takes place determines which rules apply, not where the employer is based. A remote worker based in the UK must satisfy UK Home Office requirements. A worker based in Germany must satisfy the requirements of German immigration authorities.

This creates a compliance layer for globally distributed teams. Immigration compliance programs must map each worker's physical location to the applicable national requirements. Companies running global mobility programs also need a fresh right to work check each time a worker relocates to a new country.

Right to work check record-keeping requirements

Employers must retain copies of checked documents for the duration of employment and for a defined period afterward. The UK Home Office sets the retention period. In the US, USCIS sets I-9 retention rules tied to the hire date and termination date.

Both authorities publish current requirements, and exact periods differ by country and change over time.

Penalties for failing a right to work check

Employers who cannot demonstrate that they conducted and recorded a check face civil penalties from the relevant authority. The UK Home Office issues civil penalties per unauthorized worker, and repeated non-compliance can result in loss of the employer's sponsor license.

In the US, USCIS and Immigration and Customs Enforcement (ICE) enforce I-9 compliance, with civil penalties for paperwork violations and criminal exposure for knowing violations.

Completing the check correctly and in good faith gives UK employers a statutory excuse: they are not liable even if the documents later prove to be fraudulent, provided the process followed Home Office guidance.

How an EOR handles right to work checks

When a company uses an Employer of Record (EOR) to hire internationally, the EOR becomes the legal employer in the worker's country and takes on the right to work checking obligation. The EOR conducts verification according to local rules before employment starts, removing that burden from the hiring company.

This is particularly valuable for organizations expanding into new markets without a local entity. Deel Mobility helps companies manage international work permits and work visas, covering the eligibility and documentation steps that feed into the right to work check.

Right to work check key facts

• A right to work check is a mandatory pre-employment step in most countries, covering all workers regardless of nationality.

• In the UK, the UK Home Office governs the check. Employers verify documents in person or use the online checking service for workers with a share code.

• In the US, USCIS requires Form I-9 for every new hire, using documents from Lists A, B, and C.

• The rules of the country where the work takes place apply, not the employer's home country.

• EOR providers assume the right to work checking obligation as the legal employer in the worker's country.

FAQ

Does a right to work check apply to citizens?

Yes. Most countries require employers to check every worker, including nationals. The UK Home Office and USCIS both mandate universal checks, not checks limited to foreign nationals.

What happens if a worker's right to work expires mid-employment?

The employer must conduct a follow-up check before the permission expires. In the UK, the statutory excuse only covers the period up to the expiry date of the last check, and continuing employment after expiry creates liability.

Does using an EOR remove the right to work checking obligation from the hiring company?

The obligation moves to the legal employer. When a company hires through an EOR, the EOR becomes the employer and assumes responsibility for the check. The scope of this obligation typically appears in the EOR's service agreement.

Can a company accept any government-issued document as proof of right to work?

No. Each country defines a specific list of acceptable documents. Accepting documents outside that list does not satisfy the legal requirement and, in the UK, does not create a statutory excuse against penalties.

Right to work obligations vary by country and change as legislation evolves, and current requirements, document lists, and penalty frameworks are published by the relevant national immigration authorities, including the UK Home Office and USCIS, which qualified immigration and legal advisers can interpret for each specific situation.