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.