10 common Right to Work mistakes and how to avoid them

UK Border Force and UKVI Enforcement Officers can show up unannounced and request audits and spot checks. With the right processes and digitised systems, you can make your job and theirs very easy.

Here’s how to create watertight processes by avoiding the common Right to Work mistakes we’ve seen time and again (in no particular order):

1. Skipping original document checks

Candidates can now take a photo or scan of their documents themselves, then upload them remotely onto a business’s ATS (applicant tracking system). However, employers often miss that the original documents need to be checked when the candidate is present. This check can be either in person or via video.

If the documents aren’t reviewed, the check isn’t compliant.

2. Trusting outsourcing to handle everything

Identity Service Providers (IDSPs) can review candidate Right to Work documents for you, confirming that candidates are who they say they are and do have a right to work.

Employees can often mistake that as sufficient verification. However, while IDSPs streamline and automate processes, the Home Office requires your company to complete specific checks, such as document validation and imposter checks, to ensure full compliance.

At Experian, we understand the critical importance of hiring the right people and the risks involved with non-compliance. With recent increases in fines for employing illegal workers—up to £45,000 for a first breach and £60,000 for repeat breaches—it’s more crucial than ever to have a robust background screening process.

Stuart Surridge, Head of Specialist Sales in Background Checking

3. Relying on scanned documents alone

When the recruitment team simply takes the candidate Right to Work documents, copies them and sends them off to HR to be checked for validity, they’re missing something key: the document must be physically checked by the initial recruiter in the company.

HR can’t tell from a scan if a document is real or not, including if the security features are present and appear legitimate.

4. Delaying checks until after employment starts

In some cases, the rush to get a new recruit through the door means the RTW check is left until after they’re already working. This is a breach of legislation – the law requires an employee to have a valid Right to Work check in place before the commencement of employment.

5. Accepting document copies over originals

If the location where the candidate is being checked or interviewed doesn’t have access to a photocopier or a scanner, it can be tempting to ask the candidate to bring copies of their documents with them (either with or without the originals).

The issue here is that there is no way of determining if those copies are genuine. Even if the physical document seems legitimate, there may be edits on the copies that aren’t immediately clear.

6. Using invalid documents for checks

Picture this: the candidate turns up to interview, but all they have with them is their driving licence. Rather than ask them to come back and provide the necessary documents, the recruiter takes the driving licence as acceptable for a Right to Work check and processes it accordingly.

However, a driving licence is not a valid Right to Work document and the check is invalid.

7. Ignoring visa restrictions for students

Right to Work checks for students from abroad can be tricky because their visas often limit how many hours they’re allowed to work.

For example, a student might be permitted to work 10 hours one week but 20 hours the next, depending on their study schedule. Their Right to Work can also end entirely if their course finishes or during certain term breaks.

8. Not maintaining an audit trail

If UKVI Enforcement Officers visit your workplace, they’ll expect you to provide clear and organised access to your Right to Work records. This includes details like dates, times, and the personnel involved in checks.

It’s key for legislative compliance that you can demonstrate a complete audit trail for every Right to Work check.

9. Overlooking name discrepancies

If a candidate’s name doesn’t match to their documents, it doesn’t necessarily mean that they aren’t who they say they are, or indeed that the documents are invalid.

However, you do need to obtain additional evidence that shows what has changed and when. For example, a marriage certificate or deed poll.

10. Not realising you’ve been ghosted

Ghosting is when a candidate that starts work on the first day is not the person who turned up for the interview. This is more common than you would think – it’s particularly prevalent within sectors with high turnover or low-skilled/casual workforces.