You must keep copies of Right to Work documents for a defined period, and you must never retain the originals (with one limited exception).
Follow the steps below to stay compliant and protect your organisation.
1. Never keep original documents
You must:
Not keep a person’s original documents, such as their passport or biometric residence permit.
The only exception is:
The second part of a P45, which you may retain when it is provided along with other documents, in line with the Home Office code of practice.
For all other documents, you should:
View the original.
Take a copy.
Return the original to the individual.
2. How to store copies correctly
When you copy Right to Work documents, you must:
Copy the document clearly
Ensure all key information (photo, dates, reference numbers, endorsements) is visible and readable.
Date the copy
Record the date you carried out the Right to Work Check on the copy or in your system.
Retain the copies securely
Store copies in a way that:
Protects them from loss, damage, or unauthorised access.
Keeps them in an unalterable format (for example, a locked PDF or secure system image).
You must be able to produce these copies if the Home Office or another authority asks to see evidence of your checks.
3. How long to keep the copies
You must keep secure copies of the Right to Work documents for:
The entire duration of the person’s employment, and
An additional two years after their employment with your organisation has ended.
After that retention period:
You should securely destroy the copies, in line with your data protection and record retention policies.
4. Why correct retention is important
If you are found to be employing someone who may be working illegally, and:
You cannot produce evidence that you carried out a compliant Right to Work Check,
then:
You may be liable for a civil penalty from the Home Office.
By:
Copying documents,
Dating and securely storing them, and
Keeping them for employment duration plus two years,
you help protect your organisation and demonstrate that you took reasonable steps to check the person’s right to work.