Right to Work Share Code Guide 2024

Right to Work share codes were introduced in the UK to enable certain individuals to prove their immigration status and eligibility to work digitally.

Under the prevention of illegal working regime in the UK, all employers must conduct prescribed right to work checks on all employees. In some cases, they may even need to carry out a follow-up check for those with a time-limited right to be in the UK. The use of share codes has made this requirement easier for both workers and employers compared with the manual Right to Work rules, as it removes the need for workers to have to present employers with specific types of acceptable documents. However, share codes have to be used in the correct way, to avoid breaching the immigration compliance regulations.

In this guide, we explain what share codes are, how they are used and how they fit in to the wider Right to Work regime, to avoid compliance issues and Home Office enforcement action.

 

Section A: What is a Right to Work Check Share Code?

 

In the United Kingdom, the Right to Work Share Code is a digital verification system that allows individuals to prove their right to work in the United Kingdom by allowing employers to check their immigration status online.

Share codes form part of the government’s efforts to streamline and secure the employment process by ensuring that only individuals with the legal right to work in the UK are employed.
It allows non-UK citizens, including EU, EEA, and Swiss nationals, to digitally share their immigration status with employers. The primary purpose of this code is to provide a straightforward, digital means for individuals to prove their right to work in the UK. This system replaces the traditional method of presenting physical documents, streamlining the verification process and reducing the risk of document fraud.

The Right to Work Check Share Code itself is an alphanumeric code generated by the Home Office at the workers’ request. The share code is created when the person gives their employer permission to view their status online using the ‘Prove your right to work to an employer’ section of the online right to work checking service at GOV.UK. To create a ‘share code’ a migrant worker will need their BRP or BRC number, or their passport or national identity card number. The employer can then quickly and accurately check their immigration status against real-time information from Home Office, ensuring compliance with UK immigration laws. The information will include the types of work that a person is allowed to do and for how long they can work, if there is a time limit. In this way, the employer can verify that the individual has the right to work in the UK and to undertake the work on offer. The same service can again be used at a later date to conduct any follow-up check, where applicable.

A migrant worker does not have to provide a share code for employers to check their right to work online and should not be penalised in any way for failing to do so, provided it is still possible to conduct a manual right to work check.

 

Section B: Who Needs a Right to Work Share Code?

 

The Right to Work Share Code is required by individuals who are not British or Irish citizens and who need to prove their immigration status digitally. The online service only supports right to work checks in respect of migrant workers with a biometric residence card or permit or a UK Visas and Immigration (UKVI) account. This would include, for example, those with status under the EU Settlement Scheme or those whose immigration status is held solely in digital format. This includes anyone with an E-visa, or those with a Biometric Residence Permit (BRP), Biometric Residence Card (BRC) or a Frontier Worker Permit (FWP). Share codes are not issued to British and Irish citizens; instead, digital right to work checks should be carried out for those with a British or Irish passport.

Under Home Office guidance issued in March 2023, eVisa holders with statutory immigration permission can now provide their employer with a share code to verify their right to work, provided they are either making an in-country eVisa application to remain in the UK using the UK Immigration: ID Check app; they do not have settled or pre settled status or have a frontier worker permit; their application was made after 26 January 2023 and before the expiry of their existing immigration permission; and they are currently awaiting a decision on their application, administrative review or appeal.

Specifically, the following groups are eligible for and required to obtain a Right to Work Share Code:

 

Category	Requirement
EU, EEA, and Swiss Nationals	Following Brexit, nationals from the EU, EEA, and Switzerland must use a share code to prove their right to work in the UK. This applies both to those residing in the UK under the EU Settlement Scheme and those coming to the UK for employment.
Non-EU Nationals	Individuals from outside the EU, EEA, and Switzerland who hold a visa or immigration status granting them the right to work in the UK must use a share code to prove their status. This includes those on work visas, student visas with work rights, and family members of UK residents with work permissions.
Holders of Biometric Residence Permits and Cards	Individuals with a Biometric Residence Permit (BRP) or Biometric Residence Card (BRC) issued by the UK Home Office need to use the share code system to verify their right to work.
Individuals with Indefinite Leave to Remain or Pre-Settled/Settled Status	Those granted Indefinite Leave to Remain (ILR) or who have pre-settled or settled status under the EU Settlement Scheme must use a share code to demonstrate their work rights.

 

 

Types of Workers Requiring a Share Code

The following types of workers specifically need to obtain and provide a Right to Work Share Code to their prospective or current employers:

 

a. New Hires from the EU, EEA, and Switzerland: Individuals newly entering the UK job market from these regions need to prove their work eligibility using the share code, ensuring they comply with post-Brexit immigration requirements.

b. Existing Employees with a Change in Immigration Status: Current employees whose immigration status changes (e.g., transitioning from a student visa to a work visa) need to provide a new share code to their employer to reflect their updated right to work.

c. Temporary or Seasonal Workers: Workers engaged in temporary or seasonal employment who are not British or Irish citizens need to use the share code to verify their right to work for the duration of their employment.

d. Freelancers and Contractors: Non-UK citizens working as freelancers or independent contractors must provide a share code to their clients or contracting firms as part of the right to work checks.

e. Students with Work Permissions: International students studying in the UK and holding visas that allow them to work part-time or during holidays need to use the share code to prove their work eligibility.

 

Section C: How to Get a Right to Work Share Code

 

Obtaining a Right to Work Share Code is a straightforward process designed to help non-UK citizens verify their eligibility to work in the United Kingdom. This digital code simplifies the verification process for both employers and employees, ensuring compliance with immigration laws. The following are the steps involved in requesting a share code:

 

Step 1: Visit the Official Government Website

Go to the UK Government’s official website for proving your right to work. The direct URL is gov.uk/prove-right-to-work.

 

Step 2: Start the Process

Click on the link that says “Start now” or similar, which will direct you to the login page of the online service.

 

Step 3: Log In or Create an Account

If you already have an account with the UK Government’s digital services, log in using your credentials. If not, you will need to create an account by providing your personal details and setting up security measures.

 

Step 4:  Documentation 

You will need to have the following documents and information at hand to request the share code:

 

Document / Information	Details
Biometric Residence Permit (BRP) or Biometric Residence Card (BRC)	Issued to non-EU nationals and EU nationals with settled or pre-settled status. You will need the document number and other identifying details.
EU Settlement Scheme Status	If you are an EU, EEA, or Swiss national with settled or pre-settled status, you will need to provide details of your status as granted under the EU Settlement Scheme.
Passport or National Identity Card	For certain processes, you might need to reference your passport or national identity card, especially if your immigration status was verified through these documents.
Personal Details	Ensure you have your full name, date of birth, and any other personal details that match your official documents. Consistency is crucial for accurate processing.
Email Address	Required for account setup, receiving confirmations, and other communications related to your right to work status.

 

Step 5: Enter Personal Information

Once logged in, you will be prompted to enter personal information, such as your name, date of birth, and immigration status. Ensure that the information matches exactly with what is on your official documents.

 

Step 6: Provide Details of Your Document

You will need to enter details from your Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or your status under the EU Settlement Scheme. This could include document numbers, expiry dates, and other identifying information.

 

Step 7: Generate the Share Code

After entering all the required information, the system will process your details and generate a unique Right to Work Share Code. This code is valid for 90 days and can be used by employers to verify your right to work.

 

Step 8: Receive Confirmation

You will receive a confirmation email or notification that includes your share code and instructions on how to share it with employers.

 

Step 9: Share the Code with Your Employer

Inform your prospective or current employer that you will be providing a Right to Work Share Code to verify your eligibility. This can be done through email, phone, or in person during the hiring process. Provide your employer with the unique Right to Work Share Code. You can send the code via email, text, or any other written form that your employer prefers. Ensure that you also provide your date of birth as it is required for the verification process.

The share code will be valid for 90 days and can be used as many times as necessary during that time. If the code has expired, or the individual has used a code generated by a different service, such as the right to rent service, the employer must ask them to resend a new right to work share code. It is also not sufficient to view the details provided by the employee on the migrant part of the service.

 

Section D: How to Verify a Right to Work Share Code

 

Having been given permission by a prospective or existing employee to access and view their Home Office record, and having been provided with a valid share code, the process to conduct complaint checks using a share code for employers is as follows:

 

Step 1: Visit the Official Government Website

Employers will need to go to the UK Government’s online service for checking a job applicant’s right to work. The direct URL is gov.uk/view-right-to-work.

 

Step 2: Enter the Share Code

On the verification page, employers will enter the Right to Work Share Code provided by the employee.

 

Step 3: Enter the Employee’s Date of Birth

Employers will also need to enter the employee’s date of birth as provided along with the share code. This ensures that the code is matched with the correct individual.

 

Step 4: View the Verification Results

The online service will display the employee’s right to work status, including any restrictions or conditions on their employment. Employers should review this information carefully to ensure compliance. Provided the individual has the right to work in the UK, and do the work on offer, the employer can go on to employ them or continue to employ them.

 

Step 5: Record Keeping

Once the online right to work check has been conducted using the share code checker, the employer must retain evidence of that check. This means printing out or saving the profile page of the employee in question, including their photo and date when the check was undertaken. The employer will be given the option of printing the profile page or saving it as a PDF or HTML file. The employer must then securely store either an electronic or hard copy of the response provided for as long as that person is in their employment, plus an extra 2 years afterwards. The file must then be securely destroyed.

 

Section E: Alternatives to Share Codes

 

The share code checker using the online right to work checking service is one of several ways in which a right to work check can be conducted, although much will depend on the nationality of the employee in question. In some cases, where the employee holds only digital status, the online share code checker may be the only option available, for example, BRP, BRC and FWP-holders will only be permitted to prove their right to work through the Home Office online service. In other cases, an online check may not be available for the employee or the employee may not have provided a share code for employers.

Other ways of conducting a right to work check include:

 

1. Manual Document Checks

 

When conducting a manual right to work check, the employer will need to request certain documents from the prospective or existing employee, either from List A or B of acceptable documents. List A documents will show a permanent right to work in the UK, whilst List B documents will show a temporary right to work in the UK. These can be found at GOV.UK.

The documents provided by the employee must be originals, and must be checked over with the individual present. Provided that the person is the rightful holder of the document(s), they are permitted to do the type of work on offer, the date for their right to work in the UK has not expired and the document(s) appear genuine, the employer can go on to employ them or continue to employ them.

The employer will need to make and retain copies in a format that cannot be manually altered. They must also record the date of the check, and securely store this evidence for at least 2 years after that person has stopped working for them.

 

2. Digital Right to Work Checks

 

A digital right to work check is where the employer uses identity document validation technology (IDVT) via the services of an identity service provider (IDSP). However, this type of check is limited to checks on British and Irish citizens with a valid passport.

Even though an employer can delegate elements of the checking process to IDSPs, the responsibility for right to work checks remains with the employer. This means that, before employment commences, the employer must obtain a copy of the IDVT identity check from the IDSP, plus the document checked, so as to satisfy themselves to a reasonable belief that their chosen provider has completed the check correctly in the prescribed manner, as well as satisfying themselves that the biographic details and photograph on the IDVT identity check are consistent with the individual presenting themselves for work.

The employer should also securely retain the data provided by the IDSP, either in electronic format or by way of hard copy, for the duration of employment, plus two years.

 

3. Employer Checking Service

 

Where an overseas national has an outstanding Home Office application made prior to their previous leave expiring, or an outstanding review or appeal of a Home Office decision, it may not be possible in some cases to conduct either an online or manual right to work check. If the employer is reasonably satisfied that this is the case, they can instead request a positive verification notice from what is known as the Employer Checking Service (ECS).

To request an ECS check, the employer will need to provide details of their business, the individual’s personal details and job title, as well as the Home Office reference number or case ID. If the person is permitted to work in the UK, the employer should receive a positive verification notice confirming this, which they will need to retain for their records.

For prospective employees, the employer must delay their start date until they are in receipt of confirmation from the Home Office of that person’s right to work. For existing employees applying to extend their permission to stay in the UK, in most cases they should be able to carry on working pending any decision on their application, provided that they submitted their application prior to expiry of their last grant of leave.

 

Section F: Employer Penalties for Right to Work Breaches

 

Every UK employer has a duty to prevent illegal working, although this can usually be discharged by conducting a simple online right to work check using a share code for employers. In this way, before taking someone on, an employer can ensure that their new recruit is not disqualified from working in the UK, or from undertaking the work on offer, by reason of their immigration status. The employer can then conduct a follow-up check, at a later date, where any right to work in the UK is time limited.

If an employer fails to carry out a prescribed right to work check, or a follow-up check where required, the consequences can be serious. This is because if an overseas national is later found to be working illegally, it is only by having conducted a right to work check that the employer will have a statutory excuse against any civil penalty of £45,000 per illegal worker for a first breach, and up to £60,000 for repeat breaches.

More seriously, if an employer knows or has reasonable cause to believe that an individual does not have permission to work in the UK, or to do the work on offer, and they employ them anyway, they may be prosecuted. Employing illegal migrants in the UK is punishable by up to 5 years in prison, an unlimited fine, or both. Employing illegal workers can also result in the loss of the employer’s sponsor licence, the loss of those migrant employees with a legitimate right to work in the UK and serious damage to the employer-brand.

 

Section G: Summary

 

The Right to Work Share Code has become a central feature of the UK’s employment verification system, ensuring that both employers and employees adhere to immigration laws. This digital code streamlines the process of proving employment eligibility, providing a secure and efficient method for verification. Understanding the steps to obtain and use the share code, as well as the importance of compliance, can help employers and workers avoid issues and enforcement action.

 

Section H: Need assistance?

 

DavidsonMorris’ business immigration specialists provide guidance to employers on all aspects of Right to Work compliance, including correct usage of share codes. For expert advice, contact us.

 

Section I: Right to Work Share Code FAQs

 

What is a Right to Work Share Code?

A Right to Work Share Code is a unique, digital code issued by the UK Home Office that allows non-UK citizens to prove their right to work in the UK. It simplifies the verification process for employers and helps ensure compliance with immigration laws.

 

Who needs a Right to Work Share Code?

Non-UK citizens, including EU, EEA, and Swiss nationals, as well as other non-EU nationals holding a visa or immigration status that grants them the right to work in the UK, need a Right to Work Share Code. This includes individuals with Biometric Residence Permits, those with settled or pre-settled status, and international students with work permissions.

 

How do I obtain a Right to Work Share Code?

You can obtain a Right to Work Share Code by visiting the UK Government’s official website logging in or creating an account, and entering the required personal and document details. The system will then generate a share code for you.

 

How do I share my Right to Work Share Code with an employer?

Provide your employer with the unique share code and your date of birth. This can be done via email, text, or any written format. Employers will use this information to verify your right to work status through the government’s online service.

 

How can employers verify a Right to Work Share Code?

Employers can verify the share code by visiting the UK Government’s online service for checking right to work, entering the share code and the employee’s date of birth, and viewing the verification results.

 

What happens if the share code expires?

The share code is valid for 90 days from the date of issue. If it expires before your employer has had a chance to verify it, you will need to generate a new share code and provide it to your employer.

 

What should I do if my employer is unable to verify my share code?

Ensure that the share code and your date of birth are correct. If the problem persists, generate a new share code and provide it to your employer. If technical issues continue, contact the UK Home Office for assistance.

 

What are the consequences of not having a Right to Work Share Code?

Employees without a valid Right to Work Share Code may face difficulties in securing employment. Employers who fail to verify the right to work status can face civil penalties, criminal charges, and damage to their business reputation.

 

How often do employers need to check the right to work status?

Employers must conduct right to work checks before employment begins and periodically if the employee’s right to work is time-limited. Follow-up checks should be done before the expiry of the employee’s current immigration status.

 

Can I use a share code for multiple employers?

Yes, you can use the same share code for multiple employers within the 90-day validity period. Each employer can verify your right to work using the same code and your date of birth.

 

Is the share code system secure?

Yes, the share code system is designed to be secure, protecting both the employee’s personal information and the integrity of the right to work verification process.

 

Section J: Glossary

 

 

Term	Definition
Right to Work Share Code	A unique digital code issued by the UK Home Office to verify an individual’s right to work in the UK.
Biometric Residence Permit (BRP)	An official document issued to non-EU nationals that includes their immigration status and biometric data.
Biometric Residence Card (BRC)	A card issued to EU nationals and their family members that contains biometric information and confirms their right to reside in the UK.
EU Settlement Scheme	A scheme allowing EU, EEA, and Swiss citizens living in the UK to apply for settled or pre-settled status.
Settled Status	Immigration status granted to EU, EEA, and Swiss citizens who have lived in the UK for a continuous 5-year period, allowing them to stay indefinitely.
Pre-Settled Status	Immigration status granted to EU, EEA, and Swiss citizens who have not yet lived in the UK for 5 years, allowing them to stay until they reach 5 years and apply for settled status.
Employer’s Guide to Right to Work Checks	A comprehensive guide provided by the UK Government to help employers conduct right to work checks.
UK Visas and Immigration (UKVI)	The division of the Home Office responsible for managing visa applications and immigration compliance.
Civil Penalties	Financial penalties imposed on employers for hiring individuals who do not have the right to work in the UK.
Indefinite Leave to Remain (ILR)	An immigration status allowing a person to live and work in the UK indefinitely without any time restrictions.
Immigration, Asylum and Nationality Act 2006	The UK law that outlines the responsibilities of employers to check the right to work status of their employees.
Home Office	The UK government department responsible for immigration, security, and law and order.
Prove Your Right to Work	The UK Government’s online service for individuals to generate a Right to Work Share Code.
View Right to Work Details	The UK Government’s online service for employers to verify an individual’s right to work using a share code.
Civil Penalty Notice	An official notification issued to employers who are found to be employing individuals without the right to work, detailing the fines and penalties.
Advisory, Conciliation and Arbitration Service (ACAS)	An independent organisation that provides free and impartial advice on workplace rights, rules, and best practices.

 

 

Section K: Additional Resources

 

UK Government – Prove Your Right to Work
https://www.gov.uk/prove-right-to-work
Provides detailed guidance on how to prove your right to work in the UK using the share code system.

 

UK Government – Check a Job Applicant’s Right to Work
https://www.gov.uk/check-job-applicant-right-to-work
Offers information for employers on how to check a job applicant’s right to work using a share code.

 

UK Government – EU Settlement Scheme
https://www.gov.uk/settled-status-eu-citizens-families
Information about the EU Settlement Scheme, including how EU, EEA, and Swiss citizens can apply and prove their status.

 

UK Government – Biometric Residence Permits
https://www.gov.uk/biometric-residence-permits
Detailed guidance on Biometric Residence Permits, including how to prove your immigration status using a share code.

 

ACAS – Checking an Employee’s Right to Work
https://www.acas.org.uk/checking-an-employees-right-to-work
ACAS provides advice for employers on how to check an employee’s right to work in the UK, including the use of share codes.