
In the UK, employers are legally obligated to verify that all employees have the right to work before employment commences. For non-British and non-Irish citizens, this verification is often facilitated through a ‘Right to work’ share code – a secure online system provided by the UK government. This system confirms both the types of jobs an individual is permitted to undertake and the duration for which they can work in the UK.
Who needs a right to work share code?
Non-British and non-Irish nationals may require a right to work share code to demonstrate their eligibility for employment in the UK. Employers use this code to verify an individual’s immigration status before employment.
You can request a share code if you have a UK Visas and Immigration (UKVI) online account, which you will have if you:
- Have applied to the EU Settlement Scheme for pre-settled or settled status.
- Used the ‘UK Immigration: ID Check’ app during a visa application.
- Created a UKVI account when applying for a visa or accessing your eVisa.
How do you obtain a right to work share code?
This process is relatively straightforward.
- You will need to ensure that you have your biometric residence permit number, biometric residence card number or passport/national identity card.
- Visit the UK government’s website to apply for your share code.
- Enter your credentials to access your account.
- Navigate to your immigration status section and select the option to generate a right to work share code.
- Confirm that the code is for proving your right to work.
- The system will generate a code, which you can then provide to your prospective employer along with your date of birth.
Employers can verify this code by entering it, along with your date of birth, into the government’s right to work checking service.
Employers’ penalties for non-compliance
It is crucial for employers to conduct these checks, as failing to verify an employee’s right to work can result in significant penalties, including:
- Fines up to £60,000 per illegal worker.
- Criminal sanctions, including unlimited fines or imprisonment for up to five years.
- Revocation of the employer’s Home Office sponsor licence, affecting their ability to sponsor overseas workers.
Alternatives to using a right to work share code
While the share code system is a common method for verifying work eligibility, alternatives include:
- Manual document checks: Employers can examine original documents, such as passports, to confirm an individual’s right to work.
- Employer checking service: If an individual cannot provide the necessary documents or online status, employers can use this service to verify their right to work.
Ensuring compliance with right to work regulations is essential for both employers and employees to maintain lawful employment practices in the UK.
Updated: 29 January 2025
How Gherson can assist
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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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