SMS System

Right to Work Compliance & Record Keeping for UK Sponsors

Every UK employer must verify a worker's right to work before their first day, repeat the check when time-limited permission expires, and keep evidence for at least two years after employment ends. Sponsors face the additional Appendix D duty to make those right to work records retrievable on demand.

The three lawful check methods

  1. Manual — examine the original document in the worker's physical presence, take a clear copy, and note the date.
  2. Employer Checking Service (DVS) — for workers with an outstanding application, appeal, or no acceptable document.
  3. Online — the worker generates a share code at gov.uk; you verify it against their photo at gov.uk/view-right-to-work.

Follow-up checks

Time-limited permission requires a follow-up check before expiry. Missed follow-ups are one of the most common UKVI compliance findings — calendar them the same day you carry out the initial check.

Right to work record keeping requirements

Right to work record keeping is a statutory duty independent of the check itself. Even a perfectly executed check gives no statutory excuse against a civil penalty if the evidence cannot be produced later.

  • Retention period — keep records for at least 2 years after the worker's employment ends. Most sponsors retain for 3 years to align with Appendix D and wider sponsor record-keeping.
  • What must be kept — a clear copy of the document or online check (front and back where applicable), the date the check was carried out, the name of the person who carried it out, and the follow-up date for time-limited permission.
  • Format — copies must be unaltered, in a format that cannot be retrospectively edited (PDF, scanned image, or read-only document store).
  • Retrievability — records must be produced on demand during a UKVI compliance visit; storage in personal email or scattered drives is a frequent finding.

How SMS System helps

  • RTW status per worker — method used, date, evidence stored, follow-up date.
  • Follow-up alerts — at 90, 60, and 30 days before time-limited permission expires.
  • Audit pack — RTW evidence assembled with the rest of the Appendix D record for a UKVI visit.

Primary source

Frequently asked questions

›What are the three lawful right-to-work check methods?

Manual document check (in person, with original documents), the Home Office Employer Checking Service (for outstanding applications or appeals), and the online right-to-work service using a share code. All three give a statutory excuse against a civil penalty when carried out correctly.

›When do follow-up right-to-work checks need to be done?

When the worker's permission to be in the UK is time-limited, a follow-up check is required before that permission expires. For permanent UK or Irish citizens no follow-up is needed. Calendar the follow-up the same day you do the initial check.

›How long must right-to-work records be kept?

For at least 2 years after the worker's employment ends. In practice most sponsors keep them for 3 years to align with wider sponsor record-keeping under Appendix D. Records must be retrievable on demand during a UKVI compliance visit.

›Are the gig and zero-hours rules changing?

The Border Security, Asylum and Immigration Act 2025 extends right-to-work duties to gig and zero-hours work; the detailed regulations are being finalised during 2026. SMS System will update tracking workflows as the secondary legislation is laid.

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