Right to Work share codes offer a streamlined way for individuals to demonstrate their immigration status and work eligibility in the UK. To comply with immigration regulations and to prevent unlawful employment all UK employers are legally required to conduct right-to-work checks on all employees. For some employees, especially those with temporary status, additional checks may be necessary.
Share codes simplify this process by allowing employers to verify work eligibility digitally, avoiding the need for specific physical documents. However, it is essential to use share codes correctly to comply with the Home Office requirements and avoid penalties for non-compliance.
This guide will cover what a share code is, the process of obtaining one, and its role within the broader Right to Work framework. Proper understanding and use of share codes can help maintain compliance and reduce administrative burdens.
What is a Right to Work Check Share Code?
A Right to Work share code is a digital number that verify employee’s right to work in the UK to perspective employers. Issued by the Home Office, this unique nine-character alphanumeric code enables employers to check an individual’s immigration status quickly and securely online. By using the share code, employers can access real-time information about the employee’s right to work, including any restrictions on the type of work they are permitted to undertake and the duration for which they can be employed.
To ge a share code, visit the Prove your right to work to an employer page on the UK government’s website. There you will need your immigration documentation such as BRP. You’ll then need to send the share code to your employer.
While the share code is primarily used for digital checks, non-UK nationals are not obligated to provide one; employers can still conduct a manual right to work check if the necessary documents are available. This flexibility ensures that the process remains accessible to all workers, regardless of their digital access or preferences.
Employers should also be aware that using the share code correctly is critical. Misusing or misunderstanding digital checks can lead to compliance issues or penalties. Regularly reviewing the Home Office guidance on Right to Work checks ensures the use of the share code aligns with the latest regulations.
Who Needs a Right to Work Share Code?
A Right to Work share code is required by non-UK nationals who must prove their immigration status to work in the UK. This digital verification is necessary for those who do not possess a British or Irish passport and includes several categories of individuals with varying immigration statuses.
Categories Requiring a Share Code
- EU, EEA, and Swiss Nationals: Since brexit all EU, EEA, and Switzerland nationals must also use a share code to prove their right to work in the UK. This also includes those with the EU Settlement Scheme (EUSS) residence permit.
- Non-EU Nationals: Legal immigrants from countries outside the European Union, who hold a valid visa or are granted immigration status permitting work in the UK, must provide a share code. This requirement applies to individuals on work visas, students permitted to work, and family members of UK residents who are allowed to work.
- Biometric Residence Permits / Cards Holders: If you have either of these documents, you must also use the share code system to prove your right to work in the UK.
- Individuals with Indefinite Leave to Remain or Pre-Settled/Settled Status: Those who are currently holding an Indefinite Leave to Remain (ILR), pre-settled or settled status under the EUSS.
- Temporary and Seasonal Workers: Temporary or seasonal workers must also use a share code system.
- Students with Work Permissions: International students with visas permitting them to work part-time or during holiday periods. This also includes graduate visa holders as well.
It is crucial for both employers and employees to know who is required to provide a share code to comply with UK immigration laws. The digital verification system simplifies the process, providing clarity and reducing the risk of employing individuals without the right to work in the UK.
How to Get a Right to Work Share Code
A share code verifies the Right to Work for non-UK citizens and helps them easily prove their immigration status to their employers. The share code is generated using the digital services of the UK government and is essential for complying with immigration regulations. Below are the steps to obtain your share code:
- Gather Required Documents
Have one of the following documents or information ready:
- Biometric Residence Permit (BRP) or Biometric Residence Card (BRC)
- Passport or national identity card
- Details of your status under the EU Settlement Scheme, if applicable
- Visit the Government Website
Go to the official UK government website at gov.uk/prove-right-to-work.
- Start the Process
Click the “Start now” button to begin the application process for generating a share code.
- Log In or Create an Account
Log into your UK government account. If you do not have one, you will need to create one by providing your personal information, such as your full name, date of birth, and a valid email address.
- Verify Your Identity
A six-digit code is sent to your phone or email. Enter this code on the website to verify your identity and access your account.
- Enter Personal and Document Details
Fill out the form with your personal details. Make sure all information matches your official documents to avoid any issues. You will also need to provide details from your BRP, BRC, passport, or national identity card, such as document numbers and expiration dates.
- Generate the Share Code
Once your information is verified, select the purpose for which you need the code (for example, employment). The system will then generate a unique nine-character alphanumeric share code. However, it’s important to note that while the share code is valid for 90 days, it is intended for single-use verification in specific contexts, such as when renting a property. If the employer does not complete the verification within the initial validity period, a new share code will need to be generated.
- Receive Confirmation
You will receive an email or notification containing the share code and instructions on sharing it with your employer. The share code is valid for 90 days.
- Share the Code with Your Employer
Provide the share code to your employer along with your date of birth. This can be done via email, text, or any preferred method. Your employer will then use the code to verify your right to work in the UK. It is also advisable for employees to keep a personal record of the share code and the date it was generated. This will help manage the 90-day validity period and reduce any last-minute rush to provide a new code to the employer.
Remember, the share code is specific to your right to work in the UK and cannot be used for other purposes, such as renting property. If the code expires, you will need to generate a new one.
Alternatives to Share Codes
In scenarios where a share code cannot be provided, such as when an individual has an outstanding Home Office application or appeal, employers can use the Employer Checking Service (ECS) to obtain a positive verification notice. This serves as a temporary statutory excuse while waiting for the applicant’s immigration status to be confirmed.
How to Verify a Right to Work Share Code
To verify an employee’s right to work using a share code, as an employer, it is necessary to adhere to a specific procedure.This digital verification process is essential to comply with UK immigration laws and avoid penalties for illegal employment. Here are the steps involved:
- Visit the Government Verification Website
Go to the UK government’s official service for checking a job applicant’s right to work at gov.uk/view-right-to-work.
- Enter the Share Code
Input the unique Right to Work share code provided by the employee. This code is necessary to access their immigration status details.
- Enter the Employee’s Date of Birth
You’ll need the employee’s date of birth. Combined with the share code, you’ll be able to view their right-to-work status.
- Review the Verification Results
The system will show the employee’s right to work status, including any conditions or restrictions related to their employment. Employers should carefully check these details to confirm the employee is eligible to work in the UK and perform the intended role.
- Maintain Records of the Check
Once the verification is completed, employers must retain evidence of the right to work check. This involves saving or printing a copy of the online verification page, which includes the employee’s photo, immigration status, and the date of the check. Make sure to securely store the information, whether it’s in electronic or physical form, for the entire duration of the employee’s time at the company and for an extra two years after they leave. After this time, the records should be securely disposed of.
Employers should use a secure and well-structured digital storage system to store right-to-work documents, ensuring compliance and easy document retrieval during Home Office audits.
Employers should also have a routine process in place for securely handling and storing these documents, ensuring compliance with both data protection regulations and immigration laws. Conducting internal audits periodically can help identify any gaps in the right-to-work verification process.
It’s important to conduct and keep a record of a compliant right to work check as it provides a legal defense if an employee is found to be working illegally in the future. Employers should stay updated on the latest advice from the Home Office and use the correct methods and processes to accurately verify the right to work.
Carrying out and maintaining a compliant check to confirm the right to work gives legal protection if an employee is discovered to be working illegally at a later time. It’s important for employers to be up to date with the most recent guidance from the Home Office and to utilise the correct tools and processes for verifying the right to work accurately.
Right to Work Legislation in the UK
All employers are legally required to verify that their employees have the right to work in the UK. This requirement is set out in the Immigration Act 2014, which obliges employers to conduct proper checks on the immigration status of all potential and existing employees. These checks are crucial to ensure that the workforce comprises individuals who are legally authorised to work in the UK.
Employers can perform these checks through several methods:
- Manual Verification: Inspecting original documents that prove the individual’s right to work, such as passports or biometric residence permits.
- Online Verification: Using the Home Office Online Service to check the employee’s status through a Right to Work share code.
- Identity Document Validation Technology (IDVT): Using certified providers to validate the authenticity of documents electronically.
Failure to conduct these checks properly can result in severe consequences, including civil penalties of up to £20,000 per unauthorised worker. However, if an employer has carried out the checks correctly and maintains accurate records, they can establish a “statutory excuse,” which serves as a legal defence against liability if a worker is later found to be employed unlawfully.
Employers are encouraged to provide regular training for HR and recruitment teams to stay updated on the latest compliance requirements. This will not only help mitigate risks but also improve the overall efficiency of the hiring process.
What is a Biometric Residence Permit (BRP)?
A Biometric Residence Permit (BRP) is an official card issued by the UK Home Office that confirms an individual’s identity, immigration status, and any specific conditions attached to their stay in the UK. It serves as a key document for non-UK nationals, outlining whether they have permission to work, study, or access certain public services and benefits in the country.
The BRP includes several details:
- Personal Information: Name, date of birth, place of birth, and the duration of permission to stay in the UK.
- Biometric Data: Fingerprints and a facial photograph, ensuring the card is uniquely tied to the individual.
- Conditions of Stay: Information on whether the holder is allowed to work, study, or access public funds.
BRPs are issued to those who:
- Apply to stay in the UK for more than six months.
- Extend their visa for over six months.
- Apply for settlement in the UK.
- Transfer their visa to a new passport.
- Apply for certain travel documents from the Home Office.
It is not necessary to carry a BRP at all times, but it must be presented along with a passport when entering or leaving the UK. Unlike the Biometric Residence Card (BRC), which may be called a ‘Residence Card,’ ‘Permanent Residence Card,’ or ‘Derivative Residence Card,’ a BRP is specifically labelled as a ‘Residence Permit’ and is distinct in its usage and the information it contains.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) is an immigration status that allows foreign nationals to live and work in the UK without any time restrictions. Often referred to as ‘settlement’ or ‘permanent residency,’ ILR provides the holder with the right to stay in the UK indefinitely, access public services, and, in some cases, apply for certain benefits. However, ILR does not grant the right to vote in general elections, hold public office, or automatically qualify for a British passport. Those with ILR may later choose to apply for British citizenship.
In order to qualify for Indefinite Leave to Remain (ILR) in the UK, individuals generally need to have lived in the country for a specific period of time, typically around five years, depending on the type of visa they hold. For individuals with a Tier 1, Innovator, or Global Talent visa, the qualifying period might be reduced to two or three years. Additionally, EU, EEA, and Swiss citizens and their family members can obtain ILR through the EU Settlement Scheme.
Individuals granted ILR before 2013 may possess an immigration status document instead of a Biometric Residence Permit (BRP). In such cases, employers can verify the individual’s right to work using the document along with a second document displaying the person’s name and National Insurance number, provided the document includes a valid residence permit sticker.
Individuals holding Indefinite Leave to Remain (ILR) in the UK can prove their right to work by providing an online share code, a Biometric Residence Permit (BRP), or other approved forms of identification. This can include a passport stamped by the Home Office or an immigration status document for those granted humanitarian protection.
FAQs
What is a Right to Work Share Code?
A Right to Work Share Code is a unique, nine-character alphanumeric code issued by the UK Home Office. It enables non-UK nationals to digitally prove their right to work in the UK, simplifying the verification process for employers.
Who needs a Right to Work Share Code?
Non-UK nationals, including EU, EEA, and Swiss nationals, those with Biometric Residence Permits, individuals with settled or pre-settled status, and international students with work permissions, need a Right to Work Share Code to confirm their employment eligibility.
How do I obtain a Right to Work Share Code?
To get a share code, visit the UK Government’s website and log in or create an account. Provide the necessary personal details and information from your documents, such as a Biometric Residence Permit, and the system will generate a share code for you.
How do I share my Right to Work Share Code with an employer?
Provide your employer with the share code and your date of birth via email, text, or another written format. The employer will use these details to verify your right to work through the government’s online service.
How can employers verify a Right to Work Share Code?
Employers should go to the UK Government’s website for right-to-work checks, input the share code and the employee’s date of birth, and review the verification results to ensure the individual is eligible to work in the UK.
What happens if the Share Code expires?
A share code is valid for 30 days from the date of issue. If it expires, you must generate a new one and provide it to your employer for verification.
What should I do if my employer cannot verify my Share Code?
Double-check the share code and your date of birth for accuracy. If issues persist, generate a new share code. For further problems, contact the UK Home Office for support. Employers should also consider keeping a log of any verification attempts, including dates and details of any issues encountered. This can provide evidence of due diligence if questioned by immigration authorities.
What are the consequences of not having a Right to Work Share Code?
Employers must check the right to work status before employment begins and may need to conduct follow-up checks if the employee’s immigration status is time-limited. The checks should be completed before the expiry of the employee’s current permission to work.
Can I use a Share Code for multiple employers?
Yes, you can use the same share code for multiple employers within its 30-day validity period. Each employer can use it to confirm your right to work.
Is the Share Code system secure?
Yes, the share code system is designed to protect personal data and ensure the integrity of the right to work verification process, offering a secure means for employers to validate employment eligibility.
What happens if an employee’s immigration status changes during employment?
If an employee’s immigration status changes, employers should request a new share code to verify their continued right to work. This ensures compliance with the latest immigration laws and protects the employer from potential penalties.
