Who is responsible for the right-to-work check?
For a permanent placement where the family employs the nanny directly, the household is the employer and the employer is responsible for the right-to-work check. Our current client Terms and Conditions also place responsibility on the client for the work permits or certificates required for a candidate to take the position.
An agency introduction does not remove that employer responsibility.
When must the check be completed?
GOV.UK says an employer must check that a job applicant is allowed to work for them in the UK before they employ the person. If the person has time-limited permission, a follow-up check may be required before that permission expires.
Use the current GOV.UK right-to-work service and guidance for the check that applies to the candidate.
How can a household employer check right to work?
The appropriate route depends on the candidate. GOV.UK currently provides several methods:
- Online check using a share code where the candidate’s immigration status supports this route.
- Original-document check where the permitted document route applies.
- Identity service provider for eligible British and Irish passport holders where the employer chooses to use Identity Document Validation Technology.
- Employer Checking Service in certain cases where the person cannot demonstrate status through the normal document or online route.
British and Irish citizens cannot use a right-to-work share code for this purpose; GOV.UK explains the document or identity-provider routes that apply to them.
What should you verify during a document check?
Where an original-document check is the correct route, GOV.UK says the employer should check that documents are genuine, belong to the person presenting them, and are consistent in details such as photographs and date of birth. Where permission is time-limited, check that the person is permitted to do the work being offered and whether any restriction applies to hours or type of work.
The employer should follow the current official process rather than relying on a photocopy, an old visa document or what a candidate says their status is.
What records should the employer keep?
For a compliant right-to-work check, the employer should create and retain the evidence specified by the current Home Office process. GOV.UK states that copies from a manual document check should be kept for the duration of employment and for two years after employment ends, with the date of the check recorded.
Online checks create their own evidence. Follow the current Home Office instructions for saving the relevant profile or output.
Do not assume right to work from nationality
A Filipino passport, British accent, long UK residence, previous UK employment or an agency registration is not itself proof of a current right to work. The same principle applies to every nationality: carry out the correct check for the individual candidate.
GOV.UK also warns employers not to discriminate because of where someone is from. Recruitment criteria should be applied consistently and should relate to the job.
Does a DBS check prove right to work?
No. A criminal-record check and a right-to-work check answer different questions. A DBS certificate, where one is obtained for a role, does not replace the Home Office right-to-work process.
Likewise, a right-to-work check does not tell you whether a candidate is suitable for the role. Experience, references, interviews and any role-specific checks still need separate consideration.
What if the candidate says their application is pending?
Do not guess. The Home Office provides an Employer Checking Service for specified situations where a person cannot demonstrate their status through the ordinary online or document route. If the service is required, the employer needs the resulting confirmation before relying on it.
Our approach to right-to-work questions
Filipino Nanny Agency works with a specialist Filipino candidate pool, but we do not treat Filipino nationality as evidence of immigration status. For permanent direct employment, our client terms make the family responsible for ensuring the person is legally eligible to work and for obtaining any necessary permits or certificates.
We keep this distinction explicit because families can otherwise assume that “registered with an agency” means every employer-side immigration check has already been completed. It does not.
Right-to-work checklist for a nanny employer
- Identify the correct checking route for the individual candidate.
- Complete the check before employment begins.
- Confirm the person is allowed to do the type of work and hours being offered.
- Save the evidence required by the Home Office process and record the date of the check.
- Record any expiry date or follow-up requirement.
- Apply the checking process consistently and without nationality-based assumptions.
What should you read next?
For the wider hiring sequence, see how to hire a Filipino nanny in London. For the official legal process, use GOV.UK right-to-work guidance.
Legal note: This page provides general information for household employers and is not individual immigration or legal advice. Immigration status can be fact-specific and Home Office rules change, so check the current official guidance or obtain qualified advice where necessary.