Digital Right to Work Checks in the UK: Are You Compliant?

If you work in recruitment, you’ve probably heard the term “digital right to work checks” quite a few times. But do you really know what it means, and more importantly, whether you’re compliant?

Let’s break it down for you in today’s blog. Here’s everything you need to know to confidently check a candidate’s right to work using the latest digital tools.

What is Digital Right to Work Check?

A digital right to work check is exactly what it sounds like – a way to verify a candidate’s right to work in the UK entirely online. These checks are conducted using IDVT (Identity Verification Technology). Employers use certified IDSPs (Identity Service Providers) to digitally verify the candidate’s identity and right to work documents, such as their passport.

Why this matters?

• It's faster than traditional checks.
• It improves accuracy.
• It reduces the risk of non-compliance fines.
• It's remote, which is great for hybrid or fully remote hiring.

Why Are These Checks So Important?

Right to work verification is essential before handing over that employment letter to your ideal candidate. This applies to everyone – including UK, Irish, and non-UK/non-Irish citizens, with no exceptions.

Failing to carry out these checks correctly can result in fines of up to £60,000 from the UK government and could even lead to legal consequences.

When done right, these checks provide you with a statutory excuse, which protects you in the event that an employee is later found to be working illegally.

Who Can Use Digital Right to Work Checks?

Digital right to work checks are not applicable to all candidates. You can only conduct these checks online if the candidate is:

• A British or Irish citizen
• Holding a valid British/Irish passport or Irish passport card

Please note that if the candidate does not have a valid British or Irish passport, you will need to carry out a manual right to work check.

Other conditions to note:

• Expired passports cannot be used for digital right to work checks, even if they expired just a week before verification.
• You must still confirm that the person presenting themselves matches the digital ID.



Right to Work Checklist UK: How to Stay Compliant

Curious about how to carry out digital right to work checks using an IDSP? Here’s a simple breakdown for you:

1. Choose a Certified IDSP

The first and most important step is to ensure your chosen IDSP (Identity Service Provider) is certified by the UK Government.

You can find the full list of certified providers on the Home Office website.

2. Collect the Required Documents

Next, collect the necessary right to work documents. Only the following are acceptable:

• A digital copy of a valid UK passport
• A digital copy of a valid Irish passport or Irish passport card.

Note: No other documents are required or accepted for digital right to work checks.

3. Upload Documents to the IDSP

In this step, the applicant captures and uploads an image of their valid passport or passport card to the IDSP using a mobile or tablet.

4. Capture a Selfie for Biometric Face Match

The candidate takes a selfie using their mobile or tablet camera and uploads it to the IDSP for biometric face matching.

5. Verification by IDSP

The IDSP will:

• Verify the passport/card’s authenticity
• Confirm the person matches the ID through face match
• Provide a verification report

6. Verify the Candidate Yourself

Even though the IDSP handles the technical verification, you are still responsible for confirming the individual’s identity.

You must:

• Check the photo matches the person (either in person or via video call)
• Confirm details like name and date of birth
• Address any inconsistencies (e.g., name changes)

7. Retain the Copies

Keep a clear, non-editable copy of:

• The IDSP report
• The ID document used during the verification process

You must store this securely for the duration of employment + 2 years.




FAQs (That You’ve Probably Googled)

How long does a right to work check take?

Digital right to work checks can be completed within minutes using an IDSP. However, the total time may vary depending on how quickly the candidate uploads a clear selfie for face matching and ID verification.




Can an expired passport be used for digital right to work checks?

No, an expired passport is not valid for digital right to work checks.

If the candidate does not hold a valid British or Irish passport or passport card, a manual right to work check must be conducted.




What are acceptable right to work documents in the UK?

For digital checks, only valid British or Irish passports/cards apply.

For manual right to work check there are two categories:

• List A – for permanent right to work
• List B – for time-limited right to work

(Refer to our blog for a detailed explanation of online right to work checks.)




What should you do if a candidate fails the right to work check?

In this case, you must not proceed with the hire.
This may seem strict, but it's essential for legal compliance. Hiring someone who fails the right to work check means you won’t have a statutory excuse if they are later found to be working illegally, which could expose your business to serious legal and financial risks.




Manual vs Digital vs Online Checks: What’s the Difference?

Type	Who It’s For	Key Features
Digital	British/Irish nationals with valid passport/card	Uses IDSP and IDVT
Manual	British/Irish nationals without valid passport	In-person, original documents
Online (Home Office Check)	Non-UK nationals with eVisas or digital status	Share code required




Is there any penalty for non-compliance with right to work in UK?

Yes. Non-compliance isn’t just a slap on the wrist. It can mean:

• Up to £60,000 in fines
• Loss of your sponsor licence
• Reputation damage
• Prison (in serious cases)

So yes, it's a big deal.




Is there any alternative option for digital right to work checks?

Yes, there are alternative options if a candidate is not eligible for digital right to work checks. Here’s what you can do:

• Use the manual document check route (original docs from List A or B)
• Use the Home Office online service with a share code
• If all else fails, go through the Employer Checking Service (ECS)

Is Your Right to Work Process Compliant?

Non-compliance with right to work checks is not only costly, but also illegal in the UK. Use this quick checklist to ensure your digital process is compliant:

• Is the candidate a British/Irish national?
• Do they have a valid passport or Irish passport card?
• Are you using a certified IDSP?
• Have you verified the IDSP’s report matches the candidate?
• Did you retain clear, uneditable copies?
• Did you follow GDPR and data security protocols?

If you ticked all the boxes— congratulation! You’re compliant.

Need help setting up your digital right to work process? Whether it’s choosing the right IDSP, training your team, or building a full compliance workflow, we’ve got your back. Let’s make hiring safe, smart, and future-ready. Contact us today!