UK employer reviewing identity documents for right-to-work compliance

Right-to-Work Documents: List A vs List B Explained (UK 2026)

What are List A and List B documents for UK right-to-work checks? This guide explains which documents belong to each list, what action to take, and how to avoid a £60,000 penalty.

K
KornerIQ Compliance Team
·7 min read·Updated 2026-06-22✓ Reflects UK law 2026

List A documents give the holder an unlimited right to work in the UK — check once, no follow-up required. List B documents show a time-limited right to work — you must conduct a follow-up check before the document expires. Getting the two lists confused is one of the most common right-to-work compliance errors UK employers make.


What are List A and List B?

The Home Office divides right-to-work documents into two groups:

  • List A — documents that demonstrate an unrestricted, permanent right to work. No expiry, no follow-up check required.
  • List B — documents that demonstrate a time-limited right to work. You must conduct a repeat check before the expiry date shown on the document.

The distinction matters because it determines whether you need to set a future calendar reminder. Miss a List B follow-up check and you lose your statutory excuse — exposing the business to a civil penalty of up to £60,000 per worker.


List A — Permanent right to work

Acceptable List A documents include:

| Document | Notes | |---|---| | UK passport (current or expired) | Any passport confirming UK nationality | | Irish passport or Irish passport card | Current only | | UK birth or adoption certificate + NI number evidence | Birth certificate must be accompanied by NI number proof (payslip, P45, NI card) | | UK certificate of naturalisation or registration | Confirms British citizenship | | EU Settlement Scheme — settled status (confirmed via share code) | No paper document — must be checked online at gov.uk/view-right-to-work | | Permanent residence card | Pre-Brexit document — check via online service if issued under EUSS |

Key point on EU nationals: Since 6 April 2022, you cannot accept an EU passport or national ID card for an EU/EEA/Swiss national. You must use the online share code service at gov.uk/view-right-to-work — even if the worker has settled status, which is a List A entitlement.


List B — Time-limited right to work

List B documents show a right to work that expires on a specific date. They are divided into two sub-groups:

List B Group 1 — employer can check directly

| Document | Notes | |---|---| | Non-UK passport with valid leave to enter/remain | Visa stamp or vignette visible in passport | | Biometric Residence Permit (BRP) | Check expiry date on the card | | EU Settlement Scheme — pre-settled status (via share code) | Online check required; result shows expiry date | | Share code result showing time-limited permission | Any Home Office online check showing a future expiry | | Certificate of Application (EU/EEA nationals) | Issued to those who applied to EUSS — must be verified via Employer Checking Service | | Frontier Worker permit | Check expiry date |

For all List B Group 1 documents, you check the document yourself and note the expiry date.

List B Group 2 — requires Employer Checking Service

Some workers have an ongoing application or appeal that gives them temporary permission to work. In these cases, you cannot verify status directly — you must contact the Employer Checking Service (ECS).

The ECS issues a Positive Verification Notice (PVN), which gives you a 6-month statutory excuse. You must conduct a follow-up check when the PVN expires.


What to do after a List B check

When you accept a List B document:

  1. Note the expiry date — record when the worker's permission to work expires
  2. Set a reminder — you must complete the follow-up check before that expiry date
  3. Conduct the follow-up check — ask the worker for a new share code or updated document before the current one expires
  4. Keep all records — retain copies of every check conducted, for the duration of employment plus two years

The fatal mistake: Many employers complete the initial right-to-work check correctly but miss the follow-up because no one tracked the expiry date. A missed follow-up removes your statutory excuse just as surely as never checking at all.


List A vs List B — at a glance

| | List A | List B | |---|---|---| | Right to work | Unlimited / permanent | Time-limited | | Follow-up check needed | No | Yes — before expiry | | Examples | UK passport, settled status, birth certificate | Visa, BRP, pre-settled status | | EU nationals | Share code confirming settled status | Share code confirming pre-settled status |


When you must use the online service instead of a paper document

Since 6 April 2022, certain workers cannot prove their right to work with a physical document at all — the online service is mandatory:

  • EU, EEA and Swiss nationals with settled or pre-settled status
  • Workers with a Biometric Residence Permit, Biometric Residence Card or Frontier Worker permit
  • Workers with permission to work granted via the UK Visa and Immigration online service

For all of these workers, ask them to generate a share code at gov.uk/view-prove-immigration-status and check it at gov.uk/view-right-to-work.


Frequently asked questions

What happens if I accept a List A document from a worker who actually had time-limited status? If you accepted a document in good faith and the worker provided false information, you may still have a statutory excuse — but only if the document appeared genuine, belonged to the holder, and you followed the correct checking procedure.

Can I accept a driving licence as a right-to-work document? No. A UK driving licence does not appear on either List A or List B. It cannot be used as evidence of right to work.

What if a worker's BRP card has expired but they have a pending visa application? If the worker has an outstanding application or appeal, they may have a right to work under Section 3C leave. You must use the Employer Checking Service to verify this — you cannot verify it yourself from a document.

How long do I keep right-to-work check records? Keep records for the full duration of employment plus two years after it ends. Store them securely in line with UK GDPR — they are personal data.


KornerIQ records every right-to-work check against the employee's profile, captures whether the document was List A (no follow-up) or List B (follow-up needed), and sends automatic alerts before any expiry date. Every check is timestamped and stored for audit trail purposes.

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