Friday, May 16

    The Right to Work Share Code in the UK

    0

    As the United Kingdom continues to refine its immigration and employment regulations, the “right to work” share code has become an increasingly vital component of the recruitment and onboarding process. In 2025, this digital tool is central to how employers verify an individual’s eligibility to work in the UK, offering a secure and efficient alternative to traditional document-based checks for many individuals. 

    Understanding the Right to Work Share Code

    The right to work share code is a unique, alphanumeric code generated by the UK Home Office. It serves as a digital proof of an individual’s immigration status and their entitlement to work in the UK. Instead of presenting physical documents, such as passports or biometric residence permits (BRPs), eligible individuals can provide this code to their prospective or current employers. The employer can then use this code, along with the individual’s date of birth, to access real-time information about their right to work directly from the Home Office online system.

    This system was introduced to streamline the verification process, enhance security by reducing the risk of document fraud, and provide employers with up-to-date information on an individual’s work eligibility. As the UK transitions towards a more digital immigration framework, the share code system is becoming increasingly the norm for verifying the right to work for non-British and non-Irish citizens.

    Who Needs a Right to Work Share Code in 2025?

    The primary users of the right to work share code are non-British and non-Irish citizens who have been granted permission to work in the UK under various immigration routes. This includes, but is not limited to:

    EU, EEA, and Swiss nationals with settled or pre-settled status under the EU Settlement Scheme.

    eVisa holders, such as those with Skilled Worker visas, Student visas with work rights, and other categories of electronic visas.

    Individuals holding Biometric Residence Permits (BRPs) or Biometric Residence Cards (BRCs). While physical BRPs and BRCs are being phased out, individuals may still use their details to generate a share code if their immigration status is recorded digitally.

    Seasonal workers and those on temporary work visas.

    Freelancers and contractors who need to demonstrate their right to work to clients.

    International students with work entitlements as part of their visa conditions.

    How Employers Verify a Right to Work Share Code

    Employers must use the official Home Office online service to check the right to work of an individual using a shared code. The process involves the following steps:

    Access the online service: Go to the “Check a job applicant’s right to work” section on the GOV.UK website.

    Enter the share code: Input the nine-digit alphanumeric share code provided by the employee.

    Enter the employee’s date of birth: Provide the date of birth of the individual. This is crucial to ensure the code matches the correct person.

    View the verification results: The online service will display the individual’s right to work status, including any restrictions or conditions on their employment, such as the type of work they are permitted to do and the duration of their permission to work.

    Verify identity: Employers should ensure that the photograph displayed in the online portal matches the individual presenting themselves for work. 

    Retain evidence: It is imperative for employers to save a copy of the online check result, either by printing it or saving it electronically, and to record the date the check was conducted. This evidence must be retained for the duration of the individual’s employment and for two years after they leave. This serves as a statutory excuse against liability for a civil penalty if the individual is later found to be working illegally.

    Updates and Changes in 2025

    Several updates and changes to the right to work check process have been implemented in 2025, reflecting the evolving digital landscape and the phasing out of physical biometric documents for many non-UK nationals. Key changes include:

    Full Transition to Digital Checks for eVisa Holders: Physical Biometric Residence Permits (BRPs) and Residence Cards have been fully replaced by eVisas for verifying work eligibility. Employers must now conduct digital checks via the Home Office online portal using the share code provided by the employee.

    Updates to Acceptable Documents for Manual Checks: The list of acceptable documents for manual checks (for British and Irish citizens) has been updated. Notably, clipped British or Irish passports are no longer considered valid proof of right to work. Additionally, birth and adoption certificates are only acceptable when accompanied by official proof of the National Insurance (NI) number.

    Clarification on Ukrainian Nationals: Specific guidance has been provided for employers on conducting right to work checks for Ukrainian nationals under the Ukraine Permission Extension (UPE) Scheme. These checks primarily involve eVisa verification via the Home Office online service and the share code system.

    Removal of Temporary COVID-19 Adjusted Checks: The temporary adjustments to right to work checks introduced during the COVID-19 pandemic have been officially removed. Employers are now required to adhere to standard procedures, including in-person document checks (for British and Irish citizens opting for manual checks) or using the Home Office online service (for non-British and non-Irish citizens and British/Irish citizens using IDSPs).

    Extension to Gig Economy and Zero-Hours Work: A significant development in 2025 is the extension of mandatory right to work checks to individuals engaged in the gig economy and on zero-hours contracts.  This aims to close loopholes and ensure compliance across all sectors.

    Employers’ Responsibilities and the Importance of Compliance

    Employers in the UK have a legal obligation to ensure that all their employees have the right to work in the country before commencing employment. Conducting thorough and compliant right to work checks is crucial for several reasons:

    Avoiding Civil Penalties: Employers who fail to conduct proper right to work checks can face severe fines, which have significantly increased in 2024 and remain substantial in 2025. Penalties can reach up to £60,000 per illegal worker, especially for repeat offenses.

    Preventing Criminal Charges: Knowingly employing an individual who does not have the right to work can lead to criminal prosecution, including potential imprisonment for up to five years and an unlimited fine.

    Maintaining a Sponsor Licence: For businesses that hold a sponsor licence to employ foreign workers, failing to comply with right to work regulations can result in the licence being downgraded or revoked, severely impacting their ability to recruit international talent.

    Protecting Business Reputation: Being found to employ illegal workers can cause significant reputational damage to a business. The Home Office publishes a quarterly report listing employers who have been fined, which can negatively affect public perception and trust.

    Ensuring Operational Continuity: Employing illegal workers can lead to disruptions if these individuals are removed from the workforce by immigration enforcement. Compliant checks help ensure a stable and legally sound workforce.

    Alternatives to the Right to Work Share Code (for specific cases)

    While the share code is the primary method for non-British and non-Irish citizens to prove their right to work, there are some alternative ways, particularly for British and Irish citizens:

    Valid (or expired) British or Irish Passport: This is a straightforward way for British and Irish citizens to prove their right to work.

    UK or Irish Birth/Adoption Certificate with National Insurance Documentation: If a British or Irish citizen does not have a passport, they can present their birth or adoption certificate along with an official document showing their National Insurance number (e.g., a payslip or a letter from a government agency).

    Valid Passport with Right of Abode Endorsement: A passport from another country that contains a stamp or sticker from the Home Office confirming the holder’s right of abode in the UK can also be used.

    Immigration Status Document (for those with indefinite leave granted before 2013): Individuals who were granted indefinite leave to remain before 2013 and do not yet have a biometric residence permit may have an immigration status document.

    Application Registration Card (ARC) for Asylum Seekers (in limited cases): Some asylum seekers have the right to work if their ARC indicates “work permitted,” often restricted to specific “shortage occupations.”

    The Future of Right to Work Checks in the UK

    The trend towards digital verification of right to work is likely to continue and expand in the future. The Home Office is expected to integrate more document types into the online checking service, further streamlining the process and enhancing security. The use of technology, such as digital identity verification through certified IDSPs, is also set to become more prevalent, offering remote and efficient solutions for employers, particularly for verifying the status of British and Irish citizens.

    Employers need to stay informed about the latest legislative and technological changes in right to work checks to ensure ongoing compliance. Embracing digital solutions and establishing robust internal processes for verification and record-keeping will be crucial for navigating the evolving landscape of UK employment law.

    Final Thoughts

    The right to work share code is a cornerstone of the UK’s employment verification system in 2025 for non-British and non-Irish citizens. Understanding its purpose, the process for obtaining and verifying it, and the broader context of employers’ responsibilities is essential for both individuals seeking employment and businesses looking to maintain a compliant workforce. As the digital transformation continues, the share code system is poised to become even more integral to the future of right to work checks in the UK.

    FAQs

    What is a right to work and share code? 

    A right to work share code is a unique, nine-digit alphanumeric code generated by the UK Home Office. It serves as digital proof of your immigration status and your entitlement to work in the UK. You provide this code and your date of birth to your employer, who then uses it to verify your right to work online.

    Who needs a right to work share code in 2025? 

    Generally, non-British and non-Irish citizens with permission to work in the UK need a shared code. This includes those with settled or pre-settled status under the EU Settlement Scheme, eVisa holders (e.g., Skilled Worker, Student with work rights), and those with Biometric Residence Permits (BRPs) or Cards (BRCs) whose status is digitally recorded.

    What if I have applied for an extension of my visa? Can I still work? 

    If you have a pending application to extend your permission to stay and work in the UK, you may have “Section 3C leave,” which extends your previous conditions. You can usually generate a share code based on your previous immigration status while your application is being processed. The online check will reflect your Section 3C leave.

    To read more, Click Here

    Share.
    Leave A Reply