Follow-Up Right to Work Checks
When do you need to do a follow-up right to work check? Understand time-limited documents and maintaining your statutory excuse.
Last updated: 30 January 2025
Follow-up checks are essential for maintaining your statutory excuse.
When Follow-Up Required
Time-Limited Documents
| Document Type | Follow-Up |
|---|---|
| Visa with expiry | Yes |
| Pre-settled status | Yes |
| Student visa | Yes |
| Positive Verification Notice | As stated |
No Follow-Up Needed
| Document Type | Why |
|---|---|
| British passport | Permanent right |
| Irish passport | Permanent right |
| Settled status | No expiry |
| ILR | Indefinite |
What Triggers Follow-Up
Expiry Dates
| When Document Shows | Follow-Up Before |
|---|---|
| Visa expires | Expiry date |
| Status expires | Stated date |
| PVN date | Date on notice |
| Leave ends | Specified date |
Notice From Home Office
| If Notified | Action |
|---|---|
| Status changing | Check again |
| Curtailment | Verify immediately |
| Extension granted | Update records |
Timing of Follow-Up
Before Expiry
| Action | When |
|---|---|
| Start process | 1 month before |
| Complete check | Before expiry |
| Don't leave | Until last day |
| Allow time | For issues |
Why Not Wait
| If Wait | Risk |
|---|---|
| System down | Can't check |
| Employee delay | Share code issues |
| Complications | Takes time |
| Miss deadline | Excuse lost |
The Follow-Up Process
Step 1: Request Updated Status
| Action | Detail |
|---|---|
| Contact employee | In advance |
| Request share code | New one |
| Or documents | If changed |
| Allow time | To respond |
Step 2: Conduct New Check
| Method | Process |
|---|---|
| Online | New share code |
| Manual | If new documents |
| Same process | As initial check |
Step 3: Record Results
| Record | Detail |
|---|---|
| New confirmation | Screenshot/copy |
| Date checked | When done |
| New expiry | If applicable |
| Next follow-up | If needed |
Tracking Systems
Essential Elements
| Feature | Purpose |
|---|---|
| Expiry dates | When to check |
| Reminder alerts | Don't forget |
| Status tracking | Current position |
| History | Previous checks |
Methods
| System | Suitability |
|---|---|
| HR software | Best for volume |
| Spreadsheet | Simple tracking |
| Calendar | Basic reminder |
| Paper diary | Last resort |
Setting Reminders
| When | Action |
|---|---|
| 3 months before | Planning reminder |
| 1 month before | Start process |
| 2 weeks before | Chase if needed |
| 1 week before | Escalate |
If Status Has Changed
Expired Without Renewal
| If Status | Action |
|---|---|
| Expired | Cannot continue work |
| No new status | Employment must end |
| Applied but pending | Check ECS |
Extended or Changed
| If Status | Action |
|---|---|
| Extended | Record new expiry |
| Changed type | Note new status |
| Now permanent | No more follow-up |
Pending Application
| If Applied | Position |
|---|---|
| Before expiry | May continue work |
| Check via ECS | Confirm position |
| 3C leave | May apply |
| Get confirmation | Before assuming |
Section 3C Leave
What It Is
| Feature | Detail |
|---|---|
| Continuation | Of previous leave |
| While pending | Application |
| Same conditions | As before |
| Until decided | Or withdrawn |
When It Applies
| Situation | 3C Leave |
|---|---|
| Applied before | Leave expired |
| Valid application | Submitted |
| For same type | Or switching |
| Awaiting decision | From Home Office |
Checking 3C Leave
| Method | Process |
|---|---|
| Employer Checking | Service (ECS) |
| Cannot use | Share code usually |
| Get PVN | Confirms position |
Common Scenarios
Scenario 1: Visa Extended
| Situation | Action |
|---|---|
| Employee extended visa | Before expiry |
| New visa granted | Different dates |
| Recheck | Via online service |
| Record | New expiry |
| Set | New follow-up |
Scenario 2: Status Expired, Applied
| Situation | Action |
|---|---|
| Visa expired | Last week |
| Applied before | Expiry |
| 3C leave | May apply |
| Check ECS | To confirm |
| If positive | Continue work |
Scenario 3: Forgot Follow-Up
| Situation | Risk |
|---|---|
| Missed deadline | Excuse lost |
| Status expired | 2 weeks ago |
| Check immediately | Current status |
| If no right | Serious problem |
| If extended | Document now |
Employee Communication
Initial Notification
| Tell Employees | At Start |
|---|---|
| Why tracking | Legal requirement |
| Their responsibility | To notify you |
| What you need | When extending |
| When to act | Before expiry |
Pre-Expiry Communication
| Action | Timing |
|---|---|
| Remind them | 3 months before |
| Explain need | For recheck |
| Request | Updated status |
| Follow up | If no response |
If Employee Doesn't Respond
Escalation
| Step | Action |
|---|---|
| 1 | Reminder email |
| 2 | Phone call |
| 3 | Written notice |
| 4 | Escalate to manager |
| 5 | Consider implications |
If No Response Before Expiry
| Position | Action |
|---|---|
| Cannot verify | Right to work |
| Serious issue | For employment |
| Legal advice | May be needed |
| Cannot assume | Still has right |
Record Keeping
Follow-Up Records
| Keep | Detail |
|---|---|
| When checked | Date |
| Result | Status confirmed |
| New expiry | If applicable |
| Next check | Due date |
Audit Trail
| Document | Shows |
|---|---|
| Initial check | When started |
| Follow-ups | Ongoing compliance |
| Communications | Employee contact |
| Results | Each check |
Consequences of Missing Follow-Up
Loss of Statutory Excuse
| If Miss | Result |
|---|---|
| Follow-up | Excuse lapses |
| At expiry date | No longer protected |
| From that point | Full penalty risk |
Penalty Risk
| If Worker Illegal | Consequence |
|---|---|
| No excuse | Civil penalty |
| Up to £60,000 | Per worker |
| Your fault | For not checking |
Best Practices
System Requirements
| Must Have | Why |
|---|---|
| Expiry tracking | Know when due |
| Reminder system | Don't forget |
| Escalation process | If issues |
| Documentation | Prove compliance |
Regular Review
| Action | Frequency |
|---|---|
| Review all dates | Monthly |
| Check upcoming | 3 months ahead |
| Verify completed | Were done |
| Update records | When checked |
Summary
Key Points
| Element | Detail |
|---|---|
| Before expiry | Always |
| Track dates | Systematically |
| Start early | Allow time |
| Document | Everything |
If In Doubt
| Action | Why |
|---|---|
| Check | Better safe |
| Use ECS | If unsure |
| Keep records | Prove compliance |
| Seek advice | If complex |
Related answers
EU Pre-Settled Status
What is EU Pre-Settled Status? Understand work rights, expiry dates, and upgrading to settled status for EU citizens in the UK.
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Statutory Excuse for Right to Work
What is a statutory excuse? Understand how to establish and maintain your defence against civil penalties for illegal working.
Frequently Asked Questions
- When do I need to do a follow-up right to work check?
- You need to do a follow-up check before the expiry date of any time-limited permission to work. This includes visa expiry dates, pre-settled status expiry, or any date specified on a Positive Verification Notice. List A documents don't need follow-up.
- What happens if I miss a follow-up check?
- If you miss a follow-up check and the person's right to work has expired, you lose your statutory excuse and could face a civil penalty of up to £60,000 if the person is found to be working illegally.
- How do I track when follow-up checks are due?
- Set up a tracking system - use HR software, calendar reminders, or a spreadsheet. Record all expiry dates when you do initial checks and set alerts for at least one month before each expiry date to allow time for the process.