Right to Work Share Code: How to Prove and Check UK Immigration Status

📋 The Legal Framework for UK Employers

The duty to perform these checks is not optional. Under the Immigration, Asylum and Nationality Act 2006, employers are liable for civil penalties if they employ someone who does not have the right to work in the UK. Since early 2024, the fines for non-compliance have increased significantly, making it more important than ever to get your compliance processes in order.

Why "Checking" is Mandatory

Conducting a proper check provides the employer with a "statutory excuse." This is your legal defense against a civil penalty. If it later transpires that an employee was working illegally, but you carried out the check correctly and kept the required records, you will likely not be fined. Without this proof, businesses face fines of up to £45,000 for a first breach and £60,000 for repeat offenses.

Who Needs a Check?

• All Employees: You must check everyone, including British and Irish citizens. Checking only non-UK nationals can lead to claims of discrimination.
• Pre-Employment: The check must be completed before the individual begins working for you.
• Follow-up Checks: If an employee has time-limited permission to stay in the UK, you must perform a follow-up check when that permission is due to expire.

⚡ What is a Share Code and Who Needs One?

The share code system is part of the UK's move toward a digital immigration system (eVisas). It replaces the need for many individuals to show physical documents like Biometric Residence Permits (BRPs) or Biometric Residence Cards (BRCs). As of April 2022, BRP and BRC holders must use the online service; employers can no longer accept physical cards as proof of right to work.

Individuals Who Use Share Codes

Not everyone uses a share code. They are primarily used by non-UK/Irish nationals who have a digital immigration status. This includes people with settled or pre-settled status under the EU Settlement Scheme, or those who have applied for a visa using the "UK Immigration: ID Check" smartphone app.

Validity and Usage

• 90-Day Window: Share codes are temporary. Once generated by the employee, they expire after 90 days. If the code expires before you use it, the employee must generate a new one.
• Purpose Specific: There are different types of share codes (e.g., for right to rent or right to work). Ensure the employee provides a code specifically for Right to Work (these usually start with the letter 'W').
• Digital Records: The share code itself is not the proof; the proof is the report generated by the Home Office website when you input that code.

🔍 The Step-by-Step Verification Process

For many small business owners and first-time employers, the digital check process is actually faster and more secure than manual document checking. However, there is a specific workflow you must follow to ensure the check is legally valid.

Step 1: The Employee Generates the Code

The prospective employee must visit the "Prove your right to work to an employer" page on the GOV.UK website. They will need their identity document (passport or BRP) to log in. Once they follow the prompts, they will receive a 9-character code to send to you.

Step 2: The Employer Accesses the Service

You, as the employer, do not use the same link as the employee. You must use the "View a job applicant's right to work details" service on GOV.UK. You will need the applicant’s share code and their date of birth to proceed.

Step 3: Verify the Identity

• Check the Photo: The online service will display a photograph of the individual. You must satisfy yourself that the person in the photo is the same person standing in front of you (or on a live video call).
• Confirm Restrictions: The online check will clearly state if the person has a "continuous" right to work or a "time-limited" right. It will also list any restrictions, such as "No recourse to public funds" or a limit on the number of hours they can work.
• Download the Result: You must download and save the PDF "Profile" generated by the service. This is your evidence of the check.

⚠️ Records, Retentions, and the Statutory Excuse

Performing the check is only half the battle; the other half is maintaining the evidence. If the Home Office audits your business, they will ask to see your right to work records. Failing to produce these can lead to the loss of your statutory excuse.

How to Store Records

You must keep a record of every check you perform. For online checks, this means saving the PDF profile provided by the Home Office. For manual checks (e.g., for British citizens), it means keeping a clear copy of the relevant pages of their passport. These records must be kept securely, as they contain sensitive personal data.

Data Retention Limits

• Duration of Employment: You must keep these records for the entire duration of the individual's employment.
• Post-Employment: Once the employee leaves your company, you must keep the records for a further two years. After this period, they must be securely destroyed to comply with GDPR.
• Accessibility: Ensure that your HR or management team can access these records quickly if an immigration officer visits your premises.

💡 Exceptions: When a Share Code Cannot Be Used

While the UK is moving toward digital status, there are still instances where a share code is not applicable. Understanding these exceptions is crucial to avoid turning away perfectly legal candidates who simply don't have a digital profile yet.

British and Irish Citizens

British and Irish passport holders do not have a share code because they are not subject to immigration control. To check their right to work, you must carry out a manual check by physically seeing their original passport or using a certified Identity Service Provider (IDSP) for a digital identity check.

Outstanding Applications

If a candidate has an outstanding application with the Home Office or an ongoing appeal, they may not be able to generate a share code. In these cases, you must use the Employer Checking Service (ECS). You submit the candidate's details to the Home Office, and they will provide a Positive Verification Notice (PVN) if the person has the right to work. A PVN is valid for six months.

Steps for Manual Checks

• Original Documents: You must see the original document, not a copy or a scan.
• Check Validity: Look for tampering, check expiry dates, and ensure the names match across all documents (or have proof of a name change).
• Copy and Date: Take a copy of the document and write "Date on which this check was made: [Date]" on the copy, then sign it.

✅ Action Steps for Your Business

To ensure your company stays on the right side of the law, follow these final action steps to formalize your Right to Work process.

• Standardize the Process: Create a written policy that outlines how and when checks are performed for every new hire.
• Train Your Staff: Ensure that anyone involved in recruitment understands the difference between a share code check and a manual check.
• Audit Existing Records: Periodically review your current employee files to ensure you have valid checks and that you know when follow-up checks are due.
• Stay Updated: Immigration rules change frequently. Subscribe to Home Office updates or check our Company Guides for the latest regulatory news.

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