Right to Work Checks for Healthcare Staff: 2026 UK Agency Guide

Quick Answer:
To establish a statutory excuse against civil penalties (up to £60,000 per worker), UK care and healthcare staffing agencies must conduct a compliant Right to Work check before any worker undertakes their first shift. Under official Home Office Employer Guidance, physical Biometric Residence Permits (BRPs) ceased being issued in October 2024 and expired cards are not acceptable evidence. For non-British/Irish nationals holding digital immigration status (eVisas), employers must use the Home Office online check service (gov.uk/view-right-to-work) with a 9-character share code. British and Irish citizens can be verified via original physical documents (List A) or certified Identity Service Providers (IDSP).

The Statutory Framework & Penalties for UK Care Agencies

Care homes, domiciliary agencies, and nursing agencies face stringent statutory obligations under Section 15 of the Immigration, Asylum and Nationality Act 2006.

Employing an individual without the legal right to work carries:

• Civil Penalties: Up to £45,000 per illegal worker for a first breach, increasing to £60,000 per worker for repeat breaches within a three-year period.
• Revocation of Sponsor Licence: Immediate suspension or cancellation of Home Office sponsor licences.
• CQC (England) Regulatory Action: Breach of Regulation 19 (Schedule 3) fit and proper person requirements, leading to CQC enforcement or rating downgrades.
• Criminal Prosecution: Up to 5 years' imprisonment for knowingly employing or having "reasonable cause to believe" an employee lacks the right to work.

A compliant check provides an employer with a statutory excuse, defending the agency against civil liability provided checks were verified correctly before employment commenced.

3 Permitted Methods for Right to Work Checks

Under the latest Home Office Employer's Guide to Right to Work Checks, employers must use one of three approved methods:

┌────────────────────────────────────────────────────────────────────────┐
│             3 OFFICIAL HOME OFFICE RIGHT TO WORK CHECK METHODS         │
├────────────────────────────────────────────────────────────────────────┤
│ 1. Home Office Online Service (Share Code) — Mandatory for eVisas     │
│ 2. Digital Identity Service Providers (IDSP) — British & Irish only    │
│ 3. Manual Physical Document Verification — Original List A/B docs      │
└────────────────────────────────────────────────────────────────────────┘

Method 1: The Home Office Online Right to Work Service (eVisas)

The Home Office has transitioned to a fully digital immigration system (eVisa). Physical Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and Frontier Worker Permits have been phased out.

Crucial Legal Requirement: A manual check of an expired or physical BRP does not provide a statutory excuse. For any candidate holding an eVisa, biometric status, or EU Settled Status, agencies must use the online service:

1. The candidate accesses gov.uk/prove-right-to-work and generates an alphanumeric 9-character share code (valid for 90 days, starting with 'W').
2. The employer accesses the official portal gov.uk/view-right-to-work using the worker's share code and date of birth.
3. The employer verifies the live photograph on screen matches the candidate (via in-person interview or live video call).
4. The employer downloads or prints the official Profile page (PDF) displaying the "Right to Work" status and retains it securely for the duration of employment plus two years.

Method 2: Digital Identity Verification (IDSP / IDVT)

For British and Irish citizens who hold valid passports (or Irish passport cards), agencies can use accredited Identity Service Providers (IDSPs) utilising certified Identity Document Validation Technology (IDVT). The candidate uploads an image of their passport and a facial biometric scan; the provider authenticates the document and validates liveness.

Method 3: Manual In-Person Check of Original Physical Documents

Employers can manually inspect original documents from Home Office List A or List B. The employer must inspect the original document in the physical presence of the holder, verify that photographs and dates of birth are consistent, check expiry dates, and retain a signed, dated copy ("Date on which this check was made: [DD/MM/YYYY]").

Home Office Document Lists: List A vs. List B

┌──────────────────────────────────────┬─────────────────────────────────┐
│ LIST A: Continuous Statutory Excuse  │ LIST B: Time-Limited Excuse     │
├──────────────────────────────────────┼─────────────────────────────────┤
│ • UK / Irish passport (current/past) │ Group 1:                        │
│ • UK birth certificate + NI proof    │ • Online check showing visa end │
│ • Certificate of naturalisation      │   date (e.g. Student, SWV)      │
│                                      │                                 │
│ (No repeat checks required)          │ Group 2:                        │
│                                      │ • Positive Verification Notice  │
│                                      │   (PVN) from ECS (6 months)     │
└──────────────────────────────────────┴─────────────────────────────────┘

• List A (Continuous Statutory Excuse): Documents proving permanent right to work in the UK without time limit (e.g., British/Irish passport, EU Settled Status, Indefinite Leave to Remain). Once validated before employment, no follow-up checks are required.
• List B Group 1 (Time-Limited Statutory Excuse): Visas and permissions with an expiry date. The statutory excuse lasts until the expiry date shown on the online check. Employers must conduct a repeat check prior to expiry.
• List B Group 2 (6-Month Statutory Excuse): Where a worker has an outstanding application or appeal with the Home Office, employers must obtain a Positive Verification Notice (PVN) via the online Employer Checking Service (ECS). This provides a statutory excuse for exactly 6 months.

Overseas Care Worker Recruitment Rules Post-July 2025

Immigration rules for adult social care changed significantly following Home Office Statement of Changes HC 997:

1. Closure of Overseas Care Recruitment (22 July 2025): The Home Office closed new overseas recruitment under SOC Code 6135 (Care Workers) and SOC Code 6136 (Senior Care Workers). UK agencies can no longer sponsor and recruit care workers directly from abroad into these roles.
2. In-Country Transition Window (Until 22 July 2028): Migrant care workers already lawfully residing in the UK on a Health and Care Worker visa prior to 22 July 2025 are permitted to extend their visas, change sponsors to another licensed provider, or switch within social care in-country until 22 July 2028.
3. Supplementary Work Allowances: Health and Care Worker visa holders are permitted to undertake supplementary employment of up to 20 hours per week in an eligible SOC code or shortage occupation without secondary sponsorship, provided they continue their primary sponsored job.

Common Right to Work Mistakes in Healthcare Agencies

Frequently Asked Questions (FAQ)

Can an agency accept an expired UK passport?

Yes. A current or expired British or Irish passport is included on Home Office List A and provides an ongoing statutory excuse, provided the photograph remains a true likeness.

Are physical Biometric Residence Permits (BRPs) still valid for right to work checks?

No. BRPs stopped being issued on 31 October 2024. Employers cannot accept physical BRPs (whether current or expired) to establish a statutory excuse. Workers must provide an online share code.

What should an agency do if a carer's visa extension is pending?

If a care worker submits an in-time visa extension before their previous leave expires, Section 3C leave protects their legal status. The agency must submit a verification request to the Home Office Employer Checking Service (ECS) and receive a Positive Verification Notice (PVN), which grants a 6-month statutory excuse.

How do student visa working hour restrictions apply to agency shifts?

Student visa holders are restricted to a maximum of 20 hours per week during term time. Healthcare agencies must obtain verified term-time dates from the educational institution and configure their scheduling system to strictly block shifts exceeding 20 hours in any single week.

Regulatory Sources & Official Guidance

• GOV.UK: Employer Right to Work Checks Supporting Guidance
• GOV.UK: View a Job Applicant's Right to Work Details
• UK Legislation: Immigration, Asylum and Nationality Act 2006 (Section 15)
• Home Office: Statement of Changes in Immigration Rules (HC 997)

Automate right-to-work and compliance gating with AsanWork. AsanWork's compliance module tracks share codes, alerts managers 60, 30, and 7 days before visa expiry, and blocks shifts automatically if verification lapses. Book an interactive platform demo or see our New Carer Onboarding Checklist.