A right to work check is a Home Office process to establish that each employee or casual worker has the right to work in the UK before they start their employment.
In addition, those with time-limited right to work in the UK (i.e. those who hold a ‘List B’ document such as a visa) must have a repeat check before their visa/document is due to expire.
Please note that most student visa holders are restricted to work up to 20 hours per week. Before employing a student, please ask them to complete the Student Employment Declaration form to check whether they are working for another employer and whether their visa permits them to work full time outside term.
Where a Student/Tier 4 visa holder is applying to switch into Skilled Worker, they are permitted to start work during their application for a Skilled Worker visa. See Switching from a Student/Tier 4 visa into Skilled Worker for additional information
BREXIT transition period has ended
The transition period ended on 31 December 2020 and the right to work rules changed on 1 July 2021. New employees/casuals who are EU/EEA citizens need to show that they have Pre-Settled or Settled status or a UK visa (instead of just their passport) to evidence they have the RTW in the UK before starting work. Showing just a passport will then only be acceptable for British and Irish nationals. Retrospective checks will not be required for EU/EEA citizens employed prior to 1 July 2021, but casuals starting a new engagement will need to meet the new RTW rules even if they have been engaged before.