10 questions to check your right to work files under the rules in force from 1 October 2026
Click the circles to tick your answer. A "No" or "Not sure" is a red flag.
1
Do you know who holds right to work evidence for every worker on site, and do you hold it for everyone you directly employ?
2
Can you prove when each check was performed and by whom?
Inspectors ask for dates, names, and the method used.
3
Do you know which workers have time-limited visas?
And do you track expiry dates and re-check deadlines?
4
Have you collected share codes or eVisa evidence?
All BRPs have now expired and can no longer be accepted. Ask for a share code and do the online check.
5
Do you have a written Right-to-Work Policy?
Good practice is a policy signed off by a director or senior manager.
6
Can you produce copies of your checks quickly if you are asked?
The Home Office says employers should produce these copies quickly when asked to show a check was done (Employer's guide, p.22). Files scattered across email and WhatsApp are hard to produce.
7
If you use subcontractors or labour suppliers, do you know whether extended liability could apply, and what evidence you hold?
From 1 October 2026 extended liability can apply where you supply work onwards, run an online matching service, or the contract allows substitution. The worker's direct employer still does the check. The Home Office lists the evidence you may keep: right to work terms in the contract, substitution controls and identity checks (Employer's guide, pp.49–55).
8
Have you performed follow-up checks on time-limited leave?
Re-check on or before the date the permission expires. If, on that date, you are reasonably satisfied the worker has an in-time application to extend or vary their permission, or a pending appeal or administrative review, the statutory excuse can continue for up to 28 calendar days while you obtain a Positive Verification Notice from the Employer Checking Service or carry out a Home Office online check. That extra time does not apply before employment starts, and it ends early if a Negative Verification Notice is received. Employer's guide to right to work checks (1 October 2026).
9
Do you keep evidence for the right length of time?
Keep copies for the whole employment plus 2 years, then securely destroy them.
10
Can you demonstrate a consistent process across all sites?
One site with complete files does not cover another site with gaps.