How do I prove my right to work in the UK to a new employer

If you are starting a new job in the UK, your employer will ask to check your right to work in the UK. This is an obligation applicable to all employers in the UK. Right to work checks are important as it carries significant consequences for both the employee and the employer if they are not undertaken correctly.

As an employee, if you work in the UK when you do not have the right, you will do so in contravention of UK immigration law. This will have serious consequences on any future application you make; you may be removed from the UK or, in a worst-case scenario, receive a fine and prison time. As an employer, employing migrants illegally can carry serious financial, criminal and reputational consequences (including fines and prison time for a director of the business). 

The rules governing right to work checks are very complex. Below is a summary of the methods. To obtain full advice on the correct procedures and record–keeping duties in relation to right to work checks, we strongly encourage employers to seek legal advice. 

Home Office online right to work check via share-code

This method is the newest and simplest way to carry out right to work checks. In essence, the employee enters their details on the Home Office’s website (https://www.gov.uk/prove-right-to-work) to generate a share-code. The employee then provides that share-code to their employer. The employer verifies that share-code again on the Home Office’s website (https://www.gov.uk/view-right-to-work) and keeps records of the same. Depending on the type of UK visa you hold, this method may or may not work for you. If the online right to work check does not work, then you will need to explore other methods. 

Manual right to work check

This method requires you to provide your employer with original documents face-to-face. There is a very specific set of documents you can provide to prove your UK immigration status. Your employer will need to check a prescribed list of items and make copies/records of what was checked in a very specific way. This is so that they can prove proper right to work checks were done in the event of a Home Office audit. In the event that you are unable to provide the original documents required, you will need to explore other methods. 

Employer Checking Service (if above doesn’t work)

If the online right to work check and manual right to work check both do not work, your employer can explore the option of the Employer Checking Service (https://www.gov.uk/employee-immigration-employment-status). In essence, by using the Employer Checking service, your employer is making a request to the Home Office for them to verify your right to work.

Identity Service Provider 

Some employers may have certified external service providers to carry out their right to work checks, in which case they will instruct you as to their procedure. 

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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