Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.
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What is a Right to Work Check Share Code?
A ‘right to work check share code’ can be used by an employer to check if a non-British or Irish citizen has the legal right to work in the UK. It uses a secure online system provided by the government, which confirms both:
- The types of jobs that an immigrant to the UK can do and
- How long they can work in the UK.
Who Needs a Right to Work Share Code?
Non-British and Irish nationals may require a right-to-work share code to demonstrate to a UK employer that they can legally work in the type of role on offer. By using the right-to-work share code provided, the employer can check the immigration status of the individual before they are employed.
You can request a right-to-work share code if you have a UK Visas and Immigration (UKVI) online account, which you will have if you:
- Have ever applied to the EU Settlement Scheme (EUSS) for pre-settled or settled status
- Used the ‘UK Immigration: ID Check’ app to verify your ID when you applied for a UK visa
- Created one when you applied for a visa
- Created one when accessing your eVisa
How to Get a Right to Work Share Code
Getting a right-to-work check is a quick and easy process. To get a right to work share code, you will need to:
- Gather your information – i.e. your biometric residence permit number, biometric residence card number or passport or national identity card
- Apply for your right to work share code online on the UK government website
- Login to your UKVI account
- Click to view your immigration status and generate right to work share code
- Confirm why you want your share code
- Create your right to work share code
Once you have completed the process, you will be issued a right-to-work share code. You will need to give this code and your date of birth to your prospective employer, who can then check on your immigration status and right to work in the UK.
How to Verify a Right to Work Share Code
Once an employee has generated a right-to-work share code, it can be verified by the employer. To verify a right to work share code, the employer completes the following steps:
- Request the job applicant’s date of birth and right to work share code
- Start the right to work checking service
- Enter the DOB and share code
- View the immigration status and right to work of the prospective employer
Right to Work Share Code FAQs
What are the employer penalties for Right to Work breaches?
Right-to-work checks are important because employers are required to verify the right-to-work of prospective employees before hiring them. If they fail to carry out the required checks and the employee is not entitled to work in the UK, they risk:
- A large fine of up to £60,000
- A prison sentence of up to 5 years, and
- Losing their Home Office sponsor licence meaning they can no longer sponsor overseas workers.
What are the alternatives to using a right-to-work share code?
Using a share code is not the only way to prove the right to work and immigration status of a prospective employee; you can:
- Carry out a manual check by viewing certain original documents to verify their status or
- Use the Employer Checking Service if they cannot show their documents or online immigration status.
What documents are required for a manual right-to-work check?
You can carry out a manual right to work by requesting a passport that has one of the following:
- indefinite leave to enter or remain in the UK
- no time limit to their stay in the UK
- a certificate of entitlement to the Right of Abode
- exemption from immigration control
- permission to do the type of work you are offering
Alternatively, they can show a valid immigration status document that has been endorsed to show they are permitted to stay indefinitely in the UK or a biometric residence permit (BRP).
What is the Employer Checking Service?
You can use the employer checking service online if the employee is not able to provide their documents or online immigration status. This may be because they arrived in the UK before 1989 and do not have suitable documents or if they have a digital or non-digital Certificate of Application that says employers must ask the Home Office to check their right to work or they have an Application Registration Card. If you use this service, the Home Office will check the employee’s right-to-work status and inform you of the results.
To use this service, you will need to gather the employees:
- Full name
- Date of birth
- Nationality
- Job title
- Hours worked per week
- Home address in the UK
- Home Office reference number or case ID (if they have either)
Final words
If you need any further information on the right-to-work process, please view the relevant the Home Office’s webpage for employees and for employers. If you need any information on UK work visas or getting permission to work in the UK through other immigration routes, please speak to a member of our specialist immigration law team today. We will listen to your requirements and explain how to secure the right to work in the UK.
