A follow-up right-to-work check is a repeat check you must conduct before a worker's time-limited permission to work expires. If you do not complete it before the expiry date, your statutory excuse lapses — leaving you fully liable for a civil penalty of up to £60,000, even if you conducted a perfect initial check when the worker first joined.
What is a follow-up right-to-work check?
When a worker has a time-limited right to work — a visa, pre-settled status, a Biometric Residence Permit (BRP) with an expiry date, or any other permission that runs out — the statutory excuse you gained from your initial right-to-work check does not last forever.
The Home Office requires you to conduct a follow-up check before the worker's permission expires. Once you complete the follow-up check and record the result, your statutory excuse is renewed for the new period.
If you miss the follow-up check, you are treated as if no check was conducted for the period after the expiry date — even if your original check was faultless.
Which workers need a follow-up check?
You need to conduct a follow-up check for any worker whose right to work has an expiry date. Common examples:
| Worker status | Follow-up needed? | |---|---| | British citizen (passport check) | No | | Irish citizen | No | | EU national with settled status | No | | EU national with pre-settled status | Yes — before status expires | | Worker with a Skilled Worker visa | Yes — before visa expires | | Worker with a Student visa | Yes — before visa expires | | Worker with a BRP card | Yes — before BRP expires | | Worker with any time-limited leave to remain | Yes — before leave expires |
When must the follow-up check be done?
The follow-up check must be completed before the worker's current permission expires — not after.
If a worker's visa expires on 14 March 2027, your follow-up check must be conducted on or before 13 March 2027. Waiting until the expiry date or later removes your statutory excuse for any period the worker continues to work without a valid check.
Best practice: conduct the follow-up check at least 2–4 weeks before expiry. This gives you time to deal with delays — for example, if the worker has not yet received a new visa or share code.
Step-by-step: how to conduct a follow-up check
Step 1 — Identify the expiry date
Check your records for when the worker's current permission expires. If you logged the original check correctly, this date should already be recorded. If not, ask the worker for their current immigration status documentation or share code.
Step 2 — Ask the worker to generate a new share code
For most workers with overseas immigration status, the follow-up check is conducted online using a fresh share code.
The worker logs in to their UKVI account at gov.uk/view-prove-immigration-status and generates a new 9-character share code. They share it with you along with their date of birth.
Step 3 — Check the share code at gov.uk/view-right-to-work
Go to gov.uk/view-right-to-work, enter the share code and date of birth, and review the result.
The result will show:
- Whether the worker still has the right to work
- Any new expiry date (if their permission has been extended or renewed)
- Any conditions on their right to work
Step 4 — Record the result
Take a screenshot of the result, clearly showing the date of the check, the worker's name, and their status. Store it against the employee's record alongside all previous checks.
Note the new expiry date (if any) and set a reminder for the next follow-up check.
Step 5 — Repeat as needed
If the worker's new permission is also time-limited, you will need to conduct another follow-up check before that expiry date too. The cycle continues for as long as the worker has a time-limited right to work.
What if the worker's visa application is pending?
If a worker's visa is due to expire but they have a pending application for an extension or new visa, they may still have the right to work under Section 3C leave — leave that continues automatically while an in-time application is being decided.
In this case, you cannot verify their right to work from a document or share code. You must use the Employer Checking Service (ECS) at gov.uk/employee-immigration-employment-status.
The ECS will issue a Positive Verification Notice (PVN) confirming the worker's right to work. This gives you a 6-month statutory excuse from the date of the PVN. You must conduct a follow-up check when the PVN expires.
What if the check reveals the worker no longer has the right to work?
If a follow-up check shows that the worker's permission has expired and has not been renewed:
- Stop work immediately — do not allow the worker to continue working
- Seek legal advice — before taking any action, get advice from an employment lawyer
- Do not dismiss without advice — there may be immigration processes in train that affect the employment situation
- Report if necessary — you may be required to report the situation to the Home Office
Do not ignore a negative result. Allowing a worker to continue working after a failed right-to-work check removes any statutory excuse and creates knowing liability — which can lead to criminal prosecution rather than a civil penalty.
Tracking follow-up check deadlines
The most common reason employers miss follow-up checks is simple: no one tracked when they were due. A worker joins, the initial check is logged, and the expiry date is noted somewhere — but no reminder is set, and the date passes unnoticed.
Effective tracking requires:
- A record of every worker's current permission expiry date
- Automated reminders well before each expiry (ideally 90, 60, 30 and 7 days before)
- A clear owner responsible for acting on those reminders
KornerIQ records every expiry date at the point of logging the initial check and sends automatic alerts at 90, 60, 30 and 7 days before each deadline — so follow-up checks are never missed.
Frequently asked questions
Can I conduct a follow-up check after the expiry date? You can conduct a check after the expiry date, but doing so does not restore your statutory excuse for the period between the expiry and the new check. You should always aim to complete the follow-up before expiry.
Does a follow-up check require a new share code? Yes. You must use a fresh share code — the worker's previous share code will be expired or deactivated. The worker generates a new code at gov.uk/view-prove-immigration-status.
How many follow-up checks might one worker need? It depends on their immigration status. A worker on a 3-year visa who renews twice before obtaining indefinite leave to remain would need two follow-up checks. Once settled status or indefinite leave is confirmed, no further checks are required.
Is a follow-up check the same as an initial right-to-work check? The process is identical — you check a share code or document and record the result. The difference is context: a follow-up check renews your statutory excuse, whereas the initial check establishes it.