Ensuring that employees have the legal right to work in the UK is an important aspect of employment law compliance. One of the easiest methods for checking a person’s right to work in the UK is the Home Office’s online ‘‘share code for right to work’’ service. In this article we will explain what is meant by a right-to-work share code, what is meant by right-to-work, when you should use a share code and how to obtain a share code. We will also look at the legal responsibilities of both employers when it comes to meeting the rules for right-to-work checks in the UK.
- Easy Proof of Right to Work: Non-British and non-Irish citizens can quickly prove their legal right to work in the UK by obtaining a right-to-work share code online and providing it to employers, streamlining the hiring process.
- Obtaining a Share Code: Individuals with a biometric residence permit, biometric residence card, or a UK Visas and Immigration account can get a share code through the Home Office website using their personal documents.
- Employer Responsibilities: Employers must verify the right to work of all non-UK employees using the share code and are legally obligated to keep records of these checks to comply with UK immigration laws.
- Avoiding Penalties: Conducting proper right-to-work checks protects employers from hefty fines of up to £60,000 per illegal worker and possible imprisonment for employing individuals without the legal right to work.
- Validity and Reuse: Share codes are valid for 90 days and can be reused multiple times within that period, making it convenient for both employees and employers during the recruitment process.
- Maintaining Compliance: Employers should perform follow-up checks before an employee’s right to work expires to ensure ongoing compliance and avoid legal issues.
- Exemptions for British and Irish Citizens: British and Irish nationals do not need a share code; they can prove their right to work by showing a valid passport or birth certificate along with an official document showing their National Insurance number.
A right-to-work ‘share code’ is a unique, nine-character alpha-numeric code (e.g. A12 345 67G) provided by the Home Office to prove a person’s legal right to work in the UK. The online share code system is only for use by non-British and non-Irish citizens. By providing a share code to an employer or prospective employer, they can then check:
- The type of jobs that the person can do in the UK and,
- How long they can work in the UK.
The share code system replaced the need for physical documents, simplifying the right-to-work verification process in the UK.
The share code system works as follows:
- The employee gets their right to work share code from the Home Office’s online service
- The employee then gives their share code to the employer
- The employer then uses the share code on the Home Office website to check the employee’s right to work in the UK.
You can use the right-to-work share code if you are a non-British/Irish citizen with a:
- Biometric residence card or permit
- UK Visas and Immigration (UKVI) account
You will already have a UKVI account if you have previously:
- Applied to the EU Settlement Scheme
- Used the ‘UK Immigration: ID Check’ app to prove your identity when applying for your visa (e.g. a Skilled Worker visa)
- Created one when you applied for a visa (e.g. a Skilled Worker visa)
To get a share code, you will need one of the following documents:
- Biometric residence permit number
- Biometric residence card number
- Passport or national identity card
The aim of the right-to-work system is to prevent illegal work in the UK. The share code provides an easy and secure way for employers to check an employee’s immigration status and work rights, ensuring that they are hiring legally. It is also important for maintaining compliance with UK immigration laws.
As the Home Office explains, “The ability to work illegally is a driver of illegal migration. It leaves people vulnerable to exploitation and results in unscrupulous employers undercutting compliant businesses. It can also negatively impact on the wages of lawful workers and is linked to other labour market abuse such as tax evasion, breach of the national minimum wage and exploitative working conditions, including modern slavery in the most serious cases”.
A right-to-work share code is obtained by the employee and provided to the employer. To obtain a share code, individuals must go through the online service provided by the UK government.
The steps to follow are as follows:
- Ensure that you have your documents ready – you will need your biometric residence permit number, biometric residence card number, passport or national identity card.
- Go to the UK government’s Right to Work checking service online.
- Click to confirm whether you have a UK Visas and Immigration account, status under the EU Settlement Scheme, or a biometric residence card or permit.
- Select the document used during your visa application (passport, national identity card, or biometric residence permit).
- Provide the document number and your date of birth.
- Receive a security code via email or phone and enter it on the website.
- Go to ‘Prove your status’ and click ‘Get a Share Code.’ This code can then be provided to your employer.
Please note the exact steps will depend on the answers you provide. The online system will guide you through the process.
Employers use the share code along with the applicant’s date of birth to access their immigration status on the right-to-work service. To use the right to work share code service as an employer, you will need to:
- Get the share code from your employee or prospective employee – it will be a 9-digit alpha-numeric code (e.g. A12 345 67G)
- Go to the government’s Right to Work share code service website
- Enter the share code
- View the right-to-work status of the employee
This right-to-work service provides details such as:
| Category | Details Provided |
|---|---|
|
Personal Details |
Name, date of birth |
|
Immigration Status |
Current visa or immigration status |
|
Validity Period |
How long the applicant is legally able to work in the UK based on their immigration status (e.g. if they hold a Skilled Worker visa, they may be able to stay for up to 5 years) |
|
Work Rights |
The types of work that the individual can do in the UK based on their immigration status |
|
Conditions or Restrictions |
Specific conditions or limitations on work rights (if any) |
|
Issue and Validity Dates |
When the share code was issued and its expiration date |
|
Public services |
Whether the applicant can apply for UK benefits and access the NHS |
|
Bank account |
Whether they are legally able to open a bank account or apply for any credit in the UK. |
What are an employer’s right-to-work responsibilities?
Employers are required to carry out right-to-work checks on all employees before hiring them. If using the share code method, they need to:
- Use the share code and date of birth to check the applicant’s right to work.
- Keep a record of the check to demonstrate compliance with legal requirements.
- If an employee’s right to work is time-limited, employers must perform follow-up checks before the expiry date.
As such, the right-to-work check requirement is not a one-time requirement. You will need to ensure that all of your employers have the right to work with you throughout their employment. For example, if their visa expires and you continue to hire them, you may be in breach of the law.
Penalties for non-compliance with the right-to-work check requirements
If an employer fails to carry proper right-to-work checks, they risk a substantial fine or even imprisonment. Employers can face fines of up to £60,000 per illegal worker for the first breach and up to £60,000 for subsequent breaches. In addition, an employee can be sent to jail for up to 5 years and be required to pay an unlimited fine if they are found guilty of employing someone who they knew or had ‘reasonable cause to believe’ did not have the right to work in the UK.
This may be the case, for example, if:
- The employee did not have leave (permission) to enter or remain in the UK
- The employee’s leave had expired
- The employee is not allowed to do certain types of work
- The employee’s papers were incorrect or false
FAQs
Share codes are valid for 90 days.
Yes, within the 90-day validity period, the same code can be used multiple times for the same purpose.
No, obtaining a share code is free of charge.
Non-UK nationals who need to prove their right to work can obtain a share code.
British and Irish nationals do not need to use the share code system. Instead, they can prove their right to work by showing their British or Irish passport. Alternatively, they can provide a UK birth or adoption certificate, an Irish birth or adoption certificate, or a certificate of registration or naturalisation as a British citizen. They must also provide an official letter or document from a previous employer or a government agency such as HM Revenue and Customs (HMRC), the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland. The letter must show the person’s name and National Insurance number.
Final words
Migrant workers can prove their right to work in the UK to a prospective or existing employer by providing them with a ‘share code’. The right-to-work share code system in the UK significantly simplifies the process of proving an employee’s right to work in the UK. By following the correct right-to-work process using the share code service, employers can ensure that their business meets its right-to-work requirements and will avoid significant penalties.
