UKVI Right to Work Checks: Compliance Essentials for Small Immigration Practices

Introduction: Why Right to Work Checks Matter for Immigration Solicitors

If you run a small immigration practice, you're acutely aware that compliance isn't optional—it's fundamental to your practice and your clients' futures. One area that often catches firms off-guard is understanding UKVI right to work checks UK solicitors must facilitate and advise on.

Unlike larger firms with dedicated compliance teams, solo practitioners and small partnerships frequently handle the technical immigration work whilst simultaneously managing client intake, document verification, and regulatory obligations. This article unpacks the essential compliance requirements for UKVI right to work checks, the solicitor's role in the process, and how to streamline verification without sacrificing quality.

What Are UKVI Right to Work Checks?

Right to work checks are formal verification processes that employers must conduct before hiring workers in the UK. From 6 April 2022, employers became legally obligated to conduct continuous right to work checks for all employees, not just at the point of hire.

For immigration practitioners, understanding right to work checks serves two purposes:

• Client representation: advising clients on work authorisation and compliance obligations
• Employment verification: understanding the documentation your clients need to produce to prospective employers

The Home Office operates a statutory regime requiring employers to verify identity and right to work status. Immigration solicitors often guide clients through this process, particularly sponsorship visa holders, settled and pre-settled status holders, and those transitioning between visa categories.

The Legal Framework for Right to Work Verification

The Home Office Employer Guidance on right to work checks sets out the statutory requirements. However, solicitors must also reference the Immigration, Asylum and Nationality Act 2006, which creates the employer's liability framework.

Key legal obligations include:

• Identity verification: confirming the individual is who they claim to be
• Right to work status verification: confirming they are permitted to work in the UK
• Continuous checking: monitoring status changes throughout employment
• Record-keeping: maintaining documentary evidence for 2 years post-employment
• Non-discrimination: applying checks equally and avoiding discriminatory practices

Failure to conduct proper checks exposes employers to civil penalties up to £20,000 per illegal worker, plus potential criminal prosecution. For solicitors advising clients on sponsorship or employment matters, ensuring your clients understand these obligations is critical.

Documentation Requirements Under UKVI Right to Work Checks

UKVI right to work checks UK solicitors advise on typically require one of two routes: List A or List B documents.

List A Documents (Establishing Both Identity and Right to Work)

List A documents prove both identity and right to work in a single document:

• A valid UK passport
• A valid passport issued by an EEA state, Switzerland, or Iceland (for specific cases)
• A Biometric Residence Permit (BRP) or Biometric Residence Card (BRC)
• A valid visa issued by UKVI
• A Certificate of Settlement (CoS)
• A Certificate of Entitlement (CoE)
• A Travel Document issued by UKVI

List B Documents (Identity Plus Separate Right to Work Proof)

List B requires two documents—one proving identity and one proving right to work:

• Identity documents: UK driving licence, passport card, national ID card from EEA/Switzerland, travel document
• Right to work documents: Settled or Pre-settled Status confirmation letter, Share Code letter, visa validity period confirmation, or work permit

For immigration solicitors, the distinction matters because clients must present original documents to employers. Your role includes explaining which documents your clients hold and ensuring they understand what employers are legally entitled to request.

The Solicitor's Professional Obligations Under SRA Standards

The SRA's regulatory framework requires immigration practitioners to maintain high standards of client service and compliance. SRA guidance on immigration practitioners emphasises professional competence, client confidentiality, and adherence to immigration law and procedure.

When advising on employment matters involving right to work checks, solicitors must:

• Provide accurate information about the client's entitlement to work and any restrictions
• Advise on the documentation the client should expect to be asked for
• Flag any visa conditions that restrict employment (such as "no unauthorised work" conditions)
• Explain the consequences of breaching immigration conditions
• Maintain clear, contemporaneous file notes documenting advice given

Many small practices overlook the documentation of employment-related advice, but this is a high-risk area. If a client later faces enforcement action because they accepted employment in breach of their conditions, and your file lacks evidence you advised against this, you face potential complaints to the SRA.

Common Compliance Pitfalls for Small Immigration Practices

Failing to Check Current Status

Immigration status changes. A client with a valid visa today may have it expire or lapse before they accept a role. Solicitors must advise clients to verify their status immediately before employment commences, not weeks before.

Not Addressing Visa Conditions

Some visas contain restrictive conditions. A Skilled Worker visa may permit work only for the named sponsor. A Student visa typically restricts work to 20 hours per week during term time. Many solicitors provide general work advice but fail to laser-focus on the specific restrictions binding their client.

Confusing Residence with Work Rights

Pre-settled Status allows a person to reside in the UK but does not automatically grant work rights. However, pre-settled status holders can access the same employment rights as settled status. This distinction confuses many practitioners and clients alike.

Inadequate Record-Keeping

File notes recording employment advice are not optional—they're essential. If a claim later arises that you failed to advise a client on work restrictions, your contemporaneous notes are your only defence.

Streamlining Right to Work Verification in Your Practice

Develop a Standardised Advice Template

Create a standardised document checklist tailored to the visa category your client holds. This ensures consistency, reduces omissions, and provides written evidence of the advice given. Include:

• The client's current visa category and expiry date
• Work restrictions (if any)
• Documents the client should present to employers
• The employer's obligations under right to work check legislation
• Confirmation that the client has received and understood this advice

Use Technology to Manage Compliance

Manual tracking of visa expiry dates and status changes is error-prone. Case management software with automated reminders for status reviews can significantly reduce compliance risk. Larger firms are increasingly adopting intake automation tools—and platforms like LexFlow offer automation features specifically designed for immigration and conveyancing practices that can flag visa expiry dates and compliance issues automatically.

Implement Periodic Status Checks

For clients in ongoing employment, implement periodic reviews. If you're advising a client on visa renewal, build in a step to confirm their continued work eligibility post-renewal.

Advising Employers on Right to Work Checks

Some small immigration practices also advise employers, particularly sponsor licence holders. If you do, ensure your employer clients understand:

• The continuous checking obligation: checks must occur throughout employment, particularly if an employee's status is time-limited
• The consequences of failure: civil penalties, criminal liability, and reputational damage
• Record retention: originals must be viewed and copies retained; digital copies are acceptable if the original has been verified
• Privacy compliance: data protection obligations apply to documentation held for right to work purposes

The Home Office employee guidance is a useful resource to share with client employers to reinforce these obligations.

Recent Changes and Future Developments

The right to work checking landscape continues to evolve. The government has consulted on digital identity verification and enhanced use of Home Office data systems. The Post-Brexit landscape has also introduced new processes for EEA and Swiss nationals, requiring updated advice documentation.

Small practices should subscribe to SRA guidance updates and Home Office policy announcements. The Right to Work Checks Employer Guidance is regularly updated; review it annually as part of your professional development.

Building Client Trust Through Transparency

Finally, transparency builds client confidence. Many clients are anxious about employment rights and visa restrictions. Clear, jargon-free written advice—backed by reference to official guidance—reassures clients and demonstrates professional competence. When clients understand why you're asking for specific documents or flagging particular restrictions, compliance becomes collaborative rather than bureaucratic.

For small firms struggling to manage the administrative load of compliance documentation, exploring how automation platforms designed for UK immigration solicitors can handle intake and initial compliance screening may free up capacity for high-value advisory work.

Frequently Asked Questions

Ready to Automate Your Firm?

UKVI right to work checks UK solicitors handle daily create administrative overhead that small practices can ill afford. From client intake through to compliance sign-off, managing documentation and tracking status changes demands time and precision. LexFlow offers AI-powered intake automation designed for immigration and conveyancing practices, enabling you to capture right to work documentation, flag compliance risks, and generate standardised advice letters automatically. At £997 one-time, it's a cost-effective way to strengthen compliance whilst freeing your team to focus on client advice. Learn more insights on our blog about streamlining immigration practice operations.