Are you certain your onboarding process is legally watertight? In 2026, the landscape of UK employment has shifted into a “digital-only” reality. With the total phase-out of physical Biometric Residence Permits (BRPs) and the introduction of the powerful Fair Work Agency (FWA), a simple administrative oversight can now cost your business £60,000 per illegal worker.
Whether you are a small business owner or an HR director, understanding the 2026 Right-to-Work (RTW) protocols is no longer optional—it is a matter of corporate survival. This guide breaks down the new digital infrastructure, financial risks, and the 3-step workflow to ensure you maintain your Statutory Excuse.
The New Digital Way to Check in 2026
- No More Paper – Everything Is Online The Home Office has removed all old paper documents. No more physical cards or paper stamps in passports. For people who are not British or Irish, you cannot use paper anymore. All checks are now done online.
- What Is eVisa? n 2026, every person who needs a visa has a digital eVisa. They have their own online account with the government. You do not see any card. You check their details on the internet.
- You Must Get a Share Code For workers who are not British or Irish, you need a special code from them. This is called a Share Code. It has 9 letters and numbers. The worker gets this code from the government website called “Prove your right to work”. Without this code, you cannot check if they can work.
- Checking British and Irish People For British and Irish citizens, you do not always need to see their passport face to face. You can now use special computer programs called IDVT (Identity Document Validation Technology). This lets you check from far away, for example, online or with video.
- Help from Special Companies Many businesses pay a small amount to companies that do the checks for them. These are called IDSP (Identity Service Provider). Examples are uCheck and Care Check. They charge only £3 to £10 for each check. This makes it easy and safe.
- The Digital Profile Page When you put the Share Code in the government website, you see a page with all the details. This is called the Digital Profile Page. You must save this page as a PDF or print it. This paper or file is your proof. It gives you the Statutory Excuse.
The Big Fines and Strong Checks in 2026
- The Government Is Very Strict Now In 2026, the government checks companies very carefully. They call it Hyper-Enforcement. They want to stop mistakes.
- How Big Are the Fines? If your company made a mistake before, the fine can be £60,000 for each wrong worker. Even for the first mistake, the fine can be £45,000. These amounts are very high. One error can cause big problems for your business.
- Who Checks You? The new Fair Work Agency (FWA) can look at your Right-to-Work papers. They check when they look at other things like holiday pay or minimum wage.
- What Is Statutory Excuse? If you follow all the correct steps before giving the job, you get Statutory Excuse. This means the government cannot give you a fine, even if the worker is later found to be working without permission.
- More Things About Fines If you get a fine, pay it fast. If you pay in 21 days, you get 30% off. If the worker has no Share Code (because their application is still waiting), use the Employer Checking Service (ECS) to ask the Home Office.
The Easy 3 Steps to Follow Every Time
Get the Information
- For British or Irish people: See their original passport or birth certificate.
- For others: Ask for their Share Code.
Check the Person
You must check if the person looks the same as the photo. This is called Likeness Verification.
- Look at the photo on the Digital Profile Page or passport.
- Make sure it matches the real person.
- You can do this in person or on video call (like Zoom).
- Write down how you checked. Example: “Checked on video call, date 10 January 2026”.
Keep the Proof
Save a clear copy of everything. Keep it safe during the whole job, and for 2 more years after the person stops working.
Extra Step for Some Workers
Some workers have visas that finish after some time (like Skilled Worker or Graduate visa). You must check again before the visa ends. Put a reminder in your phone or calendar.
New Rules in 2026 You Must Know
- Better English Language for Skilled Workers From 8 January 2026, people on Skilled Worker visas need higher English level (B2). When you see the Digital Profile Page, check the conditions. Make sure they have the right English level.
- Check ETA for Visitors From February 2026, some visitors need an Electronic Travel Authorisation (ETA). They cannot work, but it is good to check this when hiring.
- If You Buy Another Company If you take over another business, you have 60 days to check the Right-to-Work of the new workers again. Do this to stay safe.
- Naming and Shaming The government puts the names of companies who get fined on a public list every 3 months. This can hurt your business name for a long time.
- Important Warning Do not use old or expired BRP cards. In 2026, this is a big mistake. You must see the digital profile. If you do not, you lose your protection.
FAQ: Common Questions
Can I take a photo of passport by email?
No. You need original document or use IDSP for British/Irish. For others, use Share Code only.
What does Fair Work Agency do?
They check your papers to see if you follow immigration rules and pay workers fairly.
Do I check workers who work from home?
Yes. The rules are the same for all workers.
Final Words
Follow these rules to keep your business safe. You can get monthly updates about new changes if you want. Share this guide with your team.
Disclaimer: This is only for information. Always check the official government website (GOV.UK) for the latest rules because things can change.