The digital Right to Work share codes system, introduced by the UK government, represents a streamlined approach for verifying immigration status. The scheme, designed to assist both employers and employees in navigating the complex landscape of Right to Work compliance, provides a secure and straightforward method for proving work eligibility in the UK.
In this article, we explore the essentials of the Right to Work share code system, covering its purpose, who requires a share code, how it operates, and why correct usage is essential for legal compliance. This article will help both employers and workers understand their responsibilities, ensuring compliance and preventing enforcement actions.
What is a Right to Work Share Code?
A Right to Work share code is a digital, alphanumeric code that allows non-UK citizens to prove their immigration status to employers. The share code provides employers with direct access to a person’s immigration details via the UK government’s online right to work checking service. This system represents a significant improvement on the old method of presenting physical documents and reduces the risk of document fraud. It also ensures that only those with the legal right to work in the UK are employed.
The share code, which is created upon the worker’s request, is valid for 90 days. Employers can use it to verify a person’s work eligibility, including any conditions on their employment. This system, however, must be used accurately to prevent potential breaches of immigration compliance regulations.
Who Needs a Right to Work Share Code?
Right to Work share codes are generally required by individuals who are not British or Irish citizens and need to prove their immigration status digitally. The share code system caters to non-EU nationals and EU, EEA, and Swiss nationals under the EU Settlement Scheme. Here are the key groups required to use a share code:
- EU, EEA, and Swiss Nationals: After Brexit, nationals from these areas must prove their right to work in the UK digitally.
- Non-EU Nationals: Those who hold a visa or other immigration status that permits them to work in the UK must use the share code to validate their status.
- Biometric Residence Permit and Card Holders: Individuals with BRP or BRC documentation issued by the Home Office must use the share code system.
- Individuals with Indefinite Leave to Remain or Pre-Settled/Settled Status: Those under the EU Settlement Scheme with these statuses are also required to use the share code to confirm their right to work.
Moreover, eVisa holders with statutory immigration permission can now provide a share code if they have made an in-country application through the UK Immigration: ID Check app, provided they are awaiting a decision or appeal on their status.
Types of Workers Who Require a Share Code
The following categories of workers specifically need to obtain and share a Right to Work share code with their employer:
- New Hires from the EU, EEA, and Switzerland: Post-Brexit, this requirement applies to individuals newly entering the UK workforce from these areas.
- Existing Employees with Changed Immigration Status: If an employee’s immigration status changes (e.g., moving from a student to a work visa), they must provide an updated share code.
- Temporary or Seasonal Workers: Non-UK citizens engaged in short-term employment must use the share code to verify their work rights for the contract’s duration.
- Freelancers and Contractors: Non-UK citizens working independently must provide a share code to clients or firms as proof of their right to work.
- Students with Work Permissions: International students on visas permitting part-time work or work during breaks must share their code to prove their eligibility.
How to Obtain a Right to Work Share Code
The process for acquiring a Right to Work share code is efficient and designed to be as accessible as possible. Here is a step-by-step guide:
- Visit the Government Website: Go to gov.uk/prove-right-to-work and select “Start now.”
- Log In/Create an Account: Enter your details, ensuring they match those on your official documents.
- Provide Required Documentation: You will need details from your BRP, BRC, passport, or status under the EU Settlement Scheme.
- Generate the Share Code: Once details are entered, a unique share code will be generated, valid for 90 days.
- Share the Code with the Employer: Provide the employer with this code and your date of birth for verification.
How Employers Should Verify a Right to Work Share Code
For employers, the share code process is straightforward but requires diligence to ensure compliance. Here are the steps for verifying an employee’s right to work using the share code:
- Visit the Government Verification Website: Go to gov.uk/view-right-to-work.
- Enter the Share Code and Employee’s Date of Birth: This matches the code to the individual.
- Review the Verification Results: The system will display the employee’s right to work status and any conditions.
- Record Keeping: Employers must save or print a copy of the check, which should be stored securely for the employment period plus two additional years.
Alternatives to Share Codes
While share codes are the primary method for digital status holders, there are other right-to-work verification methods. These include:
- Manual Document Checks: Employers can verify eligibility using original documents from specific Home Office lists, provided they follow retention and inspection protocols.
- Digital Right to Work Checks for British and Irish Citizens: British and Irish citizens with valid passports can use IDSP services for digital right-to-work checks.
- Employer Checking Service: In cases where a person has an outstanding Home Office application, employers can use the ECS to obtain a positive verification notice.
Penalties for Right to Work Breaches
Failure to conduct a proper right-to-work check can have serious consequences. Employers without evidence of a check may face civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 for repeat offences. More serious cases, where employers knowingly employ illegal workers, can result in up to five years in prison, an unlimited fine, or both. Furthermore, such breaches may damage the employer’s brand and risk the loss of a sponsor licence.
Final Takes
The Right to Work share code system reflects the UK’s commitment to improving the efficiency and security of immigration compliance. While it simplifies the process for many, it also places a clear responsibility on both employers and employees to ensure compliance. By understanding and following the correct procedures, employers and migrant workers alike can navigate the Right to Work regime with confidence, avoiding compliance issues and fostering a legally secure working environment.
Employers should remain informed and vigilant, as understanding and adhering to these guidelines is key to upholding compliance, protecting their business, and supporting an inclusive workforce in the UK.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.