Right to Work Checks for UK Contractors and Temporary Staff

Jurisdiction: This article covers UK Right to Work rules, which apply across England, Wales, Scotland, and Northern Ireland.

This article is for informational purposes only and does not constitute legal advice. Employment law and screening regulations vary by jurisdiction. Consult a qualified legal professional before making compliance decisions.

Until recently, a Right to Work check was something UK employers ran on employees. Since 1 October 2026, the duty also covers many contractors, temporary workers, and gig workers, under the Border Security, Asylum and Immigration Act 2025. The Home Office published a new employer's guide on the same day, with worked examples for each type of engagement.

For HR and operations teams heading into seasonal peaks, three questions matter most. Who is responsible for each check, how do share codes work, and how does a high-volume process stay quick and consistent?

Do UK employers need to run Right to Work checks on contractors?

Yes, for many contractors. For arrangements that began on or after 1 October 2026, the Right to Work scheme covers people engaged under a worker's contract and individual sub-contractors, as well as employees. Genuinely self-employed people running their own business sit outside the scheme.

The Home Office guide gives clear examples of where the line falls.

Arrangement

Check required?

Who is responsible

Employee on a contract of employment

Yes

The employer

Temp engaged by an employment business on a contract for services

Yes

The employment business

Individual sub-contractor, such as a delivery platform courier

Yes

The business engaging the individual

Worker found through an online matching service

Yes

The online matching service

Self-employed tradesperson serving their own customers

No

Not in scope

Contractor supplied through their own personal service company

No, for the client company

Not in scope for the client

In summary, the test is how the person is engaged, not what they are called. Where an individual personally performs work under a contract, a check is usually needed.

Extended liability in contract chains

The 2026 changes also introduce extended liability. Where a business contracts to deliver services to a third party and uses another employer's workers to do it, responsibility can extend up the chain. A person in that chain can establish a statutory excuse by meeting three prescribed requirements before work starts: written contractual terms, substitution controls, and identity verification.

Where a contract allows substitution, a prescribed check is needed on every substitute before they start work.

Who is responsible for Right to Work checks on agency and temporary staff?

The employment business that engages the temp is responsible for the Right to Work check. The Home Office guide confirms that a hirer using agency workers within its own operations does not take on that responsibility. The duty stays with the employment business for the duration of the assignment.

Clear roles help everyone, especially for recruitment agencies supplying temps at scale:

Employment businesses run and record the check before each worker starts, and handle follow-up checks

Hirers confirm in their supplier terms that checks are carried out as prescribed

Both parties keep their own records of what was agreed and checked

Responsibility differs when a business is delivering a contracted service to a third party, rather than simply supplying workers. That is where the extended liability rules apply.

How does the Right to Work share code system work?

A share code lets an employer view a person's immigration status through the Home Office online service. The individual generates the code and shares it with the employer, who enters it with the person's date of birth to see their right to work.

How candidates get a share code

The candidate signs in to the Home Office online service and chooses "Prove your right to work to an employer".

The service generates a 9-character code beginning with W.

The candidate sends the code to the employer directly or through the service.

Share codes are valid for 90 calendar days and can be used repeatedly within that time. Codes beginning with R or S are for other services, so employers ask for a new W code if one of those arrives.

How employers complete the online check

The Home Office sets out three steps:

Use: enter the share code and date of birth in the online service, recording the full business name.

Check: confirm the photograph matches the person, in person, by video call, or through facial recognition provided by a registered digital provider.

Retain: store a copy of the profile page for the length of employment plus two years.

Viewing a candidate's own screen or a printout is not sufficient. The check is complete only when the employer runs it through the service.

How do Right to Work checks work for EU Settlement Scheme status holders?

Most holders of EU Settlement Scheme (EUSS) status prove their right to work through the Home Office online service with a share code. Under the October 2026 guidance, a check is needed only before employment begins, with no repeat checks for either settled or pre-settled status.

Three related situations come up often:

Pending EUSS applications: a person with a valid pending application has a right to work while it is decided, and uses their Certificate of Application to generate a share code

Frontier workers: EEA citizens who live outside the UK and work here use a digital frontier worker permit and share code

Irish citizens: Irish citizens have unrestricted access to work in the UK and can use a passport or passport card

The guide also reminds employers not to treat people with a valid pending application less favourably.

How do Right to Work checks work for candidates with a biometric residence permit?

A manual check of an expired biometric residence permit (BRP) is not acceptable proof of right to work. The Home Office stopped issuing BRPs on 31 October 2024 and replaced them with eVisas, which are checked only through the Home Office online service.

When a candidate offers a BRP, the steps are simple:

Ask the candidate for a W share code from their eVisa account.

Run the online check and confirm the photograph matches.

Keep the profile page and note any follow-up date if permission is time-limited.

If a candidate has an outstanding application or appeal, the Home Office Employer Checking Service can confirm their right to work.

Follow-up checks for time-limited permission

Where a worker has time-limited permission, employers re-check before it expires to keep their statutory excuse. The follow-up check does not have to use the same method as the first. People with settled status or EUSS status need no follow-up check.

How do you build a fast, compliant Right to Work process for high-volume hiring?

Build a high-volume process by standardising how candidates prove their right to work, choosing the right check route for each candidate, and tracking follow-up dates automatically. Seasonal peaks reward teams that set this up before the first wave of starters, as covered in our guide to running background checks at scale.

Choosing a Right to Work checking service for peak hiring

For December and other seasonal peaks, look for a service that offers:

Registration on the Office for Digital Identities and Attributes (OfDIA) register as a Right to Work digital verification service provider, with the provider named in each check

Support for all three routes: share code online checks, digital checks for British and Irish passports, and guided manual checks

Facial matching that meets Home Office requirements for digital photo comparison

Automatic storage of check evidence, with retention set to employment plus two years

Reminders for follow-up checks on time-limited permission

A mobile candidate flow, so workers can share a code or passport details before their first shift

Employers cannot require a particular method, so a good service offers every route and lets the candidate choose.

Where TRACE fits

TRACE, TraqCheck's AI background verification agent, runs the other pre-employment checks in the same consent-to-report workflow: identity verification with liveness checks, employment and education verification, and criminal record checks, including across 190+ countries for workers with overseas history. Recruiters trigger checks from Greenhouse, Lever, Workday, or the API, and a human verification specialist reviews every result before the report reaches your team.

Right to Work checks continue through the Home Office's prescribed routes, and the employer remains responsible for each one. Running the wider checks alongside them in one workflow means contractors and temps clear onboarding together, and teams hiring across borders can apply one verification standard globally.

Preparing for your next hiring peak

The October 2026 changes bring contractors, temps, and platform workers into the Right to Work scheme, and the Home Office guide gives employers a clear map for each arrangement. Confirm who holds responsibility in every engagement, standardise the share code process, and set reminders for follow-up checks before the next seasonal wave. To see how TRACE runs identity, employment, and criminal record checks alongside your Right to Work process, book a demo.

Frequently asked questions

Do contractors need a Right to Work check in the UK?

Many do. Since 1 October 2026, people engaged under a worker's contract and individual sub-contractors are within the scheme. Genuinely self-employed people serving their own customers, and contractors supplied through their own personal service company, are outside it for the client.

Who does the Right to Work check for agency workers?

The employment business that engages the worker carries out the check and holds responsibility for it. A hirer using agency workers in its own operations does not take on that duty.

How long is a Right to Work share code valid?

A share code is valid for 90 calendar days and can be used more than once in that time. Employers accept only codes beginning with W.

Do EU Settlement Scheme holders need follow-up checks?

No. Under the October 2026 guidance, holders of settled or pre-settled status need a check only before employment begins.

Can I still accept a biometric residence permit?

No. A manual check of an expired BRP is not acceptable proof of right to work, and eVisa holders can only prove their status online. Ask the candidate for a share code and run a Home Office online check instead.

How long do employers keep Right to Work records?

Employers keep a copy of each check for the length of employment and for two years afterwards, then destroy it securely.