Right to Work Checks for Healthcare Staff: A Complete Guide for UK Agencies

Why Right to Work Matters More Than Ever

The UK healthcare sector relies heavily on international talent. As of 2026, over 30% of nursing staff in NHS trusts and private care settings are non-UK nationals. For care agencies, this creates both an opportunity and a compliance obligation that cannot be ignored.

The civil penalty for employing an illegal worker is up to £60,000 per worker (as of 2024). For agencies, this risk applies even when workers are supplied rather than directly employed — depending on the contractual arrangement.

The Three Categories of Right to Work Documents

Category A: British and Irish Citizens

Valid or expired UK/Irish passport
UK Birth or adoption certificate + NI number confirmation
Certificate of registration or naturalisation as British citizen

These provide a statutory excuse for 3 years after the check is conducted (if document is valid) or indefinitely (in most cases).

Category B: EU/EEA Settled Status Holders

Since 30 June 2021, EU/EEA citizens must prove right to work via the online share code service (not their passport alone). Steps:

Worker generates a share code at gov.uk/prove-right-to-work
Employer checks the code at gov.uk/view-right-to-work
Code confirms immigration status, expiry date, and permitted work type

Critical: A EU passport alone is NOT sufficient for right to work checks since 1 July 2021. Always use the share code.

Category C: Visa and Work Permit Holders

International healthcare workers commonly hold:

Skilled Worker Visa (Health and Care): Unrestricted hours for most NHS-funded roles
Health and Care Worker Visa: Specific to NHS, NHS supply chain, or social care employers
Student Visa: Maximum 20 hours per week during term time

For agencies: The worker's visa must explicitly permit agency work. Some visas are tied to a specific employer — check the Certificate of Sponsorship conditions.

Step-by-Step: Conducting a Compliant Right to Work Check

Step 1: Request Documents Before Starting

Right to work checks must be completed before the worker begins their first shift. Retrospective checks do not provide a statutory excuse.

Step 2: Obtain and Verify Original Documents

For manual checks:

Ask to see the original (not a copy or photo)
Check the document is genuine (look for holograms, security features)
Check the document belongs to the worker presenting it
Check any work restrictions or expiry dates

For online checks (share code or IDVT service):

Check the code online in the worker's presence
Screenshot or download confirmation for your records

Step 3: Record the Check

Retain a clear copy of the document (or download the online check result):

For passports: copy the photo page and any endorsement pages
Include the date the check was conducted
Record the checker's name and signature

Step 4: Set a Repeat Check Date

For time-limited documents (visas, BRPs), set a repeat check date:

At least 28 days before the right to work expires
Your agency management system should alert you automatically

Step 5: Handle Refusals Correctly

If a prospective worker cannot demonstrate right to work:

Do not commence the engagement
Do not discriminate — you must apply the same process to all workers
Document that the offer was conditional on right to work verification

Common Mistakes Care Agencies Make

Mistake	Risk
Accepting a photocopy instead of the original	Civil penalty — no statutory excuse
Not repeating checks when a visa expires	Worker becomes an illegal employee
Relying on an EU passport since July 2021	Civil penalty — checks must use share code
Failing to document who conducted the check	Loss of statutory excuse defence
Not tracking visa hour limits	Agency liability for breach

How AsanWork Helps

AsanWork's staff compliance module tracks:

Work permit type and number per staff member
Permit expiry date with automatic 30-day alert
Weekly hours limit for visa-restricted workers — enforced at point of shift assignment
Document upload with right-to-work category tagging
Recruiter verification workflow — documents cannot be marked compliant until reviewed

When a worker's visa expires or their hours limit is reached, AsanWork automatically blocks their assignment — protecting your agency before a problem occurs.

Summary

Right to work compliance is non-negotiable for UK care agencies. The penalties are severe, the process must be consistent, and the documentation must be watertight. Build it into your onboarding process from day one — and use technology to keep it running automatically, not relying on coordinator memory.