Insights
Right to Work checks from 1 October 2026: what agencies need to know
Last updated 19 October 2026
From 1 October 2026, employers still choose one of three Right to Work checks: a manual document check, a Home Office online check, or a check using a Right to Work digital verification service provider (RtW DVSP). If you use a digital provider, it must be registered on the Office for Digital Identities and Attributes (OfDIA) register and able to provide right to work checks. Using a provider is optional, and the employer stays responsible for the check. [guide p19, p30]
This is general information, not legal advice. Read the Home Office guide for the full requirements.
The three checks
To establish a statutory excuse, an employer must do one of these checks before the worker starts: [p19]
- a manual document-based check
- a Home Office online right to work check
- a right to work check using a RtW DVSP
Employers cannot require a particular method. They should give people a reasonable opportunity to prove their right to work, so that nobody is treated unfairly. [p19]
What a RtW DVSP can check
A RtW DVSP can carry out digital checks on holders of valid British or Irish passports, or Irish passport cards, up to six months past the expiry date. It can also verify acceptable documents from List A and List B of the guide where the issuing authority provides them in a digital format, and provide facial recognition technology to confirm the worker is the person the check was done on. Services vary between registered providers. [p31]
Where an employer uses facial recognition technology to complete the check digitally, it must be done by a registered RtW DVSP. [p32]
What must be registered
If an employer chooses to use a digital verification service, the provider must be on the OfDIA register and able to provide right to work checks. The provider confirms in the output of each check that it is registered and that it is conducting the check under the supplementary code for digital right to work checks. [p30, p33]
The guide also says transitional provisions apply: certificates issued under the previous version of the code remain valid. [p30]
What you need to keep
For each digital check, the provider gives the employer an output that includes the worker's names and date of birth, an image of the document, a photograph, the date of the check, the provider's name as it appears on its certificate, confirmation of registration and of the supplementary code, a link to the register entry, and confirmation that identity was verified. The employer keeps a clear copy for the duration of the employment and for two years afterwards, then destroys it securely. [p32–33]
Agencies
The guide says an employment business that supplies temporary workers under contracts for services is the workers' employer for the purposes of the Scheme, and is responsible for the check and potentially liable for a civil penalty if someone is working illegally. [p13, Example 2]
Responsibility for carrying out a check may be delegated to staff or others working under the employer's control, but the employer remains liable if the check was not carried out as prescribed. [p19] And when a digital provider is used, the employer, not the provider, remains responsible for making sure the check is carried out as required. [p30]
If an agency buys a RtW DVSP's service through another organisation that is not itself certified, that organisation must clearly say it works with a certified and registered provider and identify the service doing the check. [p31]
Giving people another way
A worker who does not hold a valid passport, or does not want to prove their identity using a provider, must not be treated less favourably. The employer should offer another way to prove right to work, such as a manual document-based check. [p31] The guide also reminds employers to be consistent in how they carry out checks on all workers. [p17]
Where Edun fits
Edun ID completes digital Right to Work checks during candidate onboarding in Edun CRM and keeps a timestamped verification history for each check.
Edun ID is provided under Edun Ltd's service, which the OfDIA register lists as "Edun CRM", with the Right to Work supplementary code. At the time of writing (19 October 2026), the entry shows a certificate issued on 4 February 2025 and expiring on 3 February 2027, assessed against version 0.4 gamma of the trust framework by Kantara. You can check the entry yourself on the register.
Edun supports your Right to Work process, and your team remains responsible for the check.
Frequently asked questions
Is a digital Right to Work check mandatory?
No. Employers can use a manual check or the Home Office online service instead. [p30]
If we use a digital provider, are we covered?
The provider has to be registered and able to provide right to work checks, and the employer still has to make sure the check is carried out as prescribed. The guide says an employer has a continuous statutory excuse if both the employer and the provider conduct the check as prescribed. [p30–31]
How long do we keep the output?
For the duration of the employment and for two years afterwards, then it should be securely destroyed. [p32]
Can a worker choose not to use a digital check?
Yes. Offer another way, such as a manual document-based check. [p31]
Where can I check a provider's registration?
On the OfDIA digital verification services register. Check that the specific service carries the Right to Work supplementary code.
Sources
- Employer's guide to right to work checks, 1 October 2026, Home Office.
- Digital verification services register, Office for Digital Identities and Attributes.