Right to work checks for health and social care jobs

Every UK employer must check that you are allowed to work here before you start, and health and social care employers apply this rigorously because the consequences of getting it wrong are severe for them. For most people it is a five-minute formality. For anyone whose status is anything other than a British or Irish passport, a little preparation prevents a great deal of delay.

Why employers are so careful about it

An employer who employs someone without the right to work faces civil penalties that can be very substantial per worker, and potentially criminal liability where they knew or had reasonable cause to believe the person could not work. Carrying out a compliant check in the prescribed way before employment begins gives the employer a statutory excuse against that penalty.

That is why recruitment teams will not start you a day early, will not accept a photocopy emailed from your phone in some circumstances, and will not take your word for it. It is not distrust; it is the only way their defence works.

The three ways a check is done

**A manual check of original documents.** Used mainly for British and Irish citizens who hold a passport. You present the original document in person or on a live video call with the original in your hand, the employer checks it is genuine and belongs to you, and takes a clear dated copy.

**An online check using a share code.** Used for most people who hold immigration status digitally, which now covers the great majority of visa holders including those on the Health and Care Worker visa, those with settled and pre-settled status, and holders of biometric residence permits whose status has moved online. You generate a share code through the Home Office online service and give it to the employer along with your date of birth. They view your status and print or save the response.

**An identity document validation technology check.** Certified providers can carry out digital identity verification for British and Irish citizens holding a valid passport, and employers increasingly use this.

Which route applies depends on your status, not on your preference. Employers cannot choose to do a manual check where an online check is required, and vice versa.

What this means practically for different situations

**British or Irish citizens.** A current passport is the simplest evidence. An expired one may be acceptable in some circumstances for these nationalities, but a current document avoids arguments. If you do not have a passport, there are alternative combinations of documents, typically involving a birth certificate together with official evidence of your National Insurance number. These take longer to assemble, so start early.

**Health and Care Worker visa holders.** Your status is digital. Generate a share code before your start date. Share codes expire after a period, so generate it close to when it is needed rather than months ahead, and be prepared to generate another if the process drags.

**Settled or pre-settled status under the EU Settlement Scheme.** Also digital, also a share code. Pre-settled status has an expiry date, which means your employer will have to carry out a repeat check before it lapses. Keep track of this yourself, because a missed repeat check can suspend your employment even though your underlying position is fine.

**Dependants and other visa categories.** Many dependant visas permit work, and a share code will show what you are permitted to do. Where a visa has restrictions, for example limits on hours or on the type of work, the check will show them and the employer must work within them.

**Students.** Term-time hour limits apply and are strictly enforced. Health and care employers with variable shift patterns are particularly cautious about this, and bank work is a common area where limits get exceeded accidentally.

**Applications pending or appeals.** If you have applied to extend or vary your status before your existing leave expired, you may have continuing rights under section 3C of the Immigration Act while a decision is outstanding. Employers verify this through a Home Office employer checking service and receive a positive verification notice. This is a well-established route, but it takes longer than a share code and it is worth telling the recruitment team early rather than letting them discover it.

Repeat checks

Where your permission to work is time-limited, the employer must repeat the check before it expires. Missing that deadline is a real risk to your employment, not a paperwork irritation.

Do not rely on the employer's diary. Note your own expiry date, start any extension application in good time, and tell your manager and HR as soon as you have applied. In healthcare this matters especially because the consequence of a lapsed check is usually immediate removal from the rota.

What slows checks down

• Name mismatches between documents, most often after marriage or where naming conventions differ between countries. Bring the linking document, such as a marriage certificate or deed poll.
• Share codes that have expired between generation and use.
• Sending scans when the process requires an original or a live video check.
• Waiting until induction day to raise a pending application.
• Documents held by a previous employer or an immigration adviser.

Discrimination and what an employer may not do

Employers must carry out checks in a non-discriminatory way. They should not, for example, only ask people who appear or sound foreign for documents, refuse to consider applicants who need a share code, or insist on a particular document type when others are acceptable. The Home Office publishes a code of practice on avoiding discrimination while preventing illegal working.

If you believe you have been treated unfairly during a check, a trade union or the Equality Advisory and Support Service can advise. In practice, most problems are process ignorance rather than intent, and pointing to the correct route usually resolves it.

A short preparation list

• Work out which check route applies to your status before you accept an offer.
• If you need a share code, know how to generate one and do it when asked, not weeks ahead.
• Keep documents together and accessible, including anything linking name changes.
• Note your own status expiry date and diarise the repeat check.
• Tell the recruitment team early about anything unusual, especially a pending application.
• Never start work before the check is complete, even if a manager suggests it; the risk falls on both of you.

For the current lists of acceptable documents, the online checking service and the employer checking service, GOV.UK publishes the definitive guidance for both employers and individuals.

This guide is general information, not legal, immigration or medical advice. Always confirm current requirements with the relevant official body.