Carrying out proper Right to Work (RTW) checks remains a fundamental requirement for all employers in the UK, but in social care the expectations are even higher. Providers in England and Wales operate in a regulated environment, and employment compliance forms part of inspection outcomes, safeguarding responsibilities, and organisational governance.
This article outlines the current RTW requirements as they apply in 2025, with particular reference to the practical realities faced by domiciliary care agencies, care homes, supported living providers, and recruitment teams across the sector.
Why Right to Work Checks Matter
Employers are legally required under the Immigration, Asylum and Nationality Act 2006 to confirm that every individual they employ has the right to work in the UK. Failure to do so can lead to significant financial penalties and, in serious cases, criminal liability.
Within social care, regulators expect RTW checks to be carried out consistently and documented clearly. In England, this forms part of compliance with CQC’s Fundamental Standards, while in Wales it aligns with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.
A correct RTW check provides what the Home Office refers to as a “statutory excuse”—protection against civil penalties should an employee’s immigration status later change.
Routes for Proving the Right to Work
In 2025, applicants typically demonstrate their RTW through one of two pathways.
A. British and Irish Citizens
The following documents establish Right to Work:
A passport (current or expired), or
A passport card (Irish citizens), or
A birth or adoption certificate, accompanied by official National Insurance number evidence (e.g. P45, payslip, HMRC letter)
Where a birth certificate is used, evidence of the NI number is essential. A passport, however, does not require any additional documentation.
These documents must be checked as physical originals unless an employer uses a certified Identity Service Provider (IDSP) offering digital verification for British and Irish passport holders.
B. Non-British / Non-Irish Citizens
Most non-UK nationals now hold a digital immigration status rather than a physical visa. Common categories include:
Health and Care Worker visas
Skilled Worker visas
Pre-settled or settled status under the EU Settlement Scheme
Graduate or Student visas
Family or partner visas that permit work
Applicants prove their status using:
A Home Office share code, and
Their date of birth
Employers must then complete an online check through the official Home Office service. This online result is the only legally valid confirmation of work permission for the majority of visa holders.
Common Misunderstandings
Certain misconceptions still surface regularly during recruitment. The following clarifications reflect current Home Office rules:
“I don’t need to provide a share code because my visa is online.”
Visa holders must provide a share code. The digital status alone is not sufficient.
“I need to show my National Insurance number if I have a passport.”
Not correct. A British or Irish passport alone establishes RTW.
NI evidence is only required if a birth certificate is used.
“A valid BRP (Biometric Residence Permit) is enough on its own.”
This is no longer the case. Even if a BRP is still in date, employers must carry out an online check.
“Expired passports cannot be accepted.”
Expired British and Irish passports remain acceptable for RTW purposes.
Employer Responsibilities
To maintain compliance, employers must:
Inspect original physical documents where required
Conduct online checks for anyone with a digital immigration status
Take and retain copies in a secure recruitment file
Record the date on which the check was carried out
Repeat checks for individuals with time-limited visas
Ensure that staff involved in recruitment understand the process and follow a consistent procedure
Records must be stored securely but remain easily accessible for audit, inspection, or internal review.
What Applicants Should Prepare
Applicants can speed up recruitment by preparing the correct documentation before an offer is made.
British and Irish citizens:
Passport (expired or current), or
Birth certificate plus National Insurance evidence
Non-UK citizens:
A valid share code
Awareness of visa expiry dates
Any supplementary documents an employer may request in line with Home Office guidance
Providing accurate details early in the process avoids delays, particularly important in social care where workforce shortages are common.
RTW Compliance and the Care Sector
Given the duty to safeguard vulnerable individuals, social care providers must demonstrate strong recruitment governance. Inspectors increasingly look for:
Clear documentation of RTW checks
Evidence that time-limited visas are monitored and rechecked
Policies and procedures aligned with current Home Office requirements
Consistent practice across different branches, services, or departments
In a sector under close scrutiny, poor RTW practice can contribute to negative inspection outcomes, enforcement action, or contractual difficulties with commissioners.
Conclusion
Right to Work compliance is a fundamental component of safe and lawful recruitment in the care sector. Although the system has become more digitally streamlined, the underlying responsibilities remain unchanged: employers must verify identity and immigration status properly, and applicants must supply accurate information without delay.
For care providers, establishing a consistent, well-documented RTW process is not only a legal requirement but a critical element of organisational integrity. For applicants, understanding what is required ensures a smoother and quicker recruitment experience.
How The Care Handbook Supports Right to Work Compliance
The Care Handbook provides a structured and reliable way for employers to manage Right to Work checks as part of their wider safe-recruitment process. Organisations can record RTW outcomes consistently using standardised fields, attach supporting documents securely, and track time-limited visas through automated reminders. Managers can view each applicant’s recruitment progress in one place, ensuring that RTW evidence is obtained before work begins and that follow-up checks are completed on time. By integrating these steps into a single digital workflow, The Care Handbook reduces administrative errors, strengthens audit trails, and helps providers demonstrate clear compliance during inspections or contract reviews.
Home Office online check:
https://www.gov.uk/view-right-to-workRight to Work guidance for employers:
https://www.gov.uk/government/collections/employers-illegal-working-penaltiesIdentity Service Providers (IDSPs) list:
https://www.gov.uk/guidance/digital-identity-certification-for-right-to-work-rent-and-criminal-record-checks