Work Permit Check for Temporary Workers Before Assignment

A work permit check on a temporary worker from abroad has three parts, and all three must be done before the first shift: confirm the person's immigration status through the Home Office (share code or Employer Checking Service), confirm the visa conditions allow this kind of work and these hours, and record the expiry date so a follow-up check happens before permission runs out. For a staffing agency, the legal duty sits with the agency as employer, not with the client site.

This article covers the UK position as of October 2026. It describes what a check compares: fields, dates and official sources. It does not claim that a check proves a document is genuine.

Who is responsible for the check when a worker is placed through an agency?

The agency is responsible. Under the Immigration, Asylum and Nationality Act 2006, sections 15 to 25, the employer that engages the worker must carry out the right to work check before employment starts, and an employment business is the employer of agency workers for this purpose. A client who relies on the agency's paperwork is not in the same position, but a client who knows a worker is not entitled to work can still be exposed.

The Home Office sets the civil penalty for employing someone without the right to work at up to £45,000 per worker for a first breach and up to £60,000 per worker for repeat breaches, since 13 February 2024 (Home Office, illegal working penalties). Knowingly employing an illegal worker is a criminal offence under section 21 of the Immigration, Asylum and Nationality Act 2006, as amended by the Immigration Act 2016.

The practical consequence for agencies: a statutory excuse only exists if the check was done correctly, before the start date, and a copy was kept. Doing it on day three does not count.

Which documents prove a foreign temp worker can work?

Since 1 January 2025, physical Biometric Residence Permits and Cards no longer count as acceptable evidence for most workers, and the online check has replaced them. The Home Office employer's guide to right to work checks lists three routes.

Two details catch agencies out. A share code generated for a different purpose, for example a landlord check, is not valid for right to work, and a share code is only good for 90 days after generation. Ask the worker to generate a fresh one for the check itself.

What do the visa conditions allow?

Having a valid visa is not the same as being allowed to take any job. The check result lists conditions, and each one has to be read against the placement.

• Skilled Worker visa: tied to the sponsoring employer and the job in the certificate of sponsorship. A sponsored worker cannot simply be placed by a second agency.
• Student visa: work is normally capped at 20 hours a week in term time for degree-level students, with a lower limit for some courses. Full-time work is allowed only in official vacations.
• Graduate and Youth Mobility visas: generally open work rights, no sponsor needed.
• Visitor visa: no work rights. A visitor cannot be placed on an assignment.
• Pre-settled status: full work rights, but with a review date.

The conditions line on the Home Office check result is the single most useful field to compare against the assignment, because it states in plain words whether work is restricted by hours, sector or employer (GOV.UK, check someone's right to work). If the line says "work restricted to 20 hours per week" and the booking is 40, the file fails before it starts.

How do you catch mismatches between documents?

Most problems are mismatches, not forgeries. A name written "Mohammed Al-Rashid" on a passport and "Mohamed Alrashid" on a bank form will fail a payroll match, a Real Time Information submission or an HMRC query. The same applies to dates of birth entered in the wrong order and National Insurance numbers copied with one digit off.

A consistent validation run compares the same fields across every document in the file: the share-code result, the passport, the bank details, the proof of address and the contract. Our platform runs that comparison field by field, so a reviewer sees which field differs rather than re-reading each page. See our guide to temp worker document verification at first assignment for the full document list.

What do temp workers and agency staff ask about this?

Questions raised in recruiter and HR communities cluster around a few points, and the answers are specific.

"The worker says their BRP is still valid. Can I accept it?" If the card expired on 31 December 2024 or the worker holds a card that does not state a later date, no. The Home Office moved status checks online, and a physical card is not evidence for most people. Ask for a share code.

"Can I start someone while the share code check is pending?" No. The statutory excuse needs a completed check before work begins. Book the start only after you hold the result.

"A worker is on a student visa and wants extra shifts. Who is responsible?" The agency, as employer, for every hour it books. Track hours across all placements, including shifts with other agencies the worker mentions.

"Do I have to check British workers too?" Yes. Checking only workers who look or sound foreign is discriminatory under the Equality Act 2010. Every new hire gets the same check.

How do you manage follow-up checks and expiry dates?

When a worker has time-limited permission, the agency must run a follow-up check before the expiry date to keep the statutory excuse. Diary the expiry date at onboarding. A practical rule is two reminders: 60 days and 14 days before the end date.

Keep a copy of the share-code result, the date you ran the check and who ran it, for the duration of the engagement plus two years after it ends, as the Home Office guidance requires. Pair this with the data protection rules in the UK GDPR, since the file contains immigration data that should be restricted to people who need it.

For a view across several countries, our staffing agency compliance requirements overview compares document duties by market, and the industry verification pillar guide places this check in the wider picture.

A pre-assignment checklist

1. Get the worker's passport and, for visa holders, a fresh share code and date of birth.
2. Run the online check and save the result with the date.
3. Read the conditions line and compare it to the role, hours and employer.
4. Compare name, date of birth and document numbers across the file.
5. Enter the permission end date and set follow-up reminders.
6. Confirm the start date is after the completed check.
7. Release the worker to the client only once the file is complete.

For agencies placing many workers at once, CheckFile's temporary staffing solution validates completeness, expiry dates and cross-document consistency in one pass, and our security page explains how immigration data is handled. See pricing for volume plans.

This article is general information, not legal advice. Rules change; confirm current requirements with the Home Office or qualified counsel. Reviewed by the CheckFile editorial team, 7 October 2026.

Frequently Asked Questions

Does a client company have to check an agency worker's right to work too?

Not by default. The agency is the employer for right to work purposes and holds the statutory excuse. A client should still require written confirmation that checks were done and act if it learns a worker lacks permission.

How long is a share code valid?

A share code is valid for 90 days from generation. Ask the worker to generate it just before the check, and state that it is for a right to work check.

What happens if a worker's permission expires mid-assignment?

The agency must run a follow-up check before the end date. If the worker cannot show renewed permission, the agency must stop the engagement from that date or face the civil penalty.

Can a worker with a visitor visa be placed on a short assignment?

No. Visitor status does not allow work, including unpaid trial shifts that amount to work. A short assignment carries the same duty as a long one.

What records should an agency keep?

Keep the check result, the check date, the checker's name and a copy of the document used. Hold them for the whole engagement and two years after it ends.