Check right-to-work is a home office and statutory requirement that employers, undertake to prevent illegal working in the UK. Basically, employers must first check their employees or casual workers to know if they have the right to work before they can administer employment to individuals. Thus, this article provides information on how to use the share code to check right to work in the UK.
A share code is a number that you obtain by accessing the online records of your immigration status. However, this is to prove your right to work in the UK. Nevertheless, the service works on the basis of the individual viewing their own Home Office right-to-work record first. The home office agents may share this information if they wish. They also provide a ‘share code’ for you, which you give to your employer. Your employer receives your share code along with your date of birth. This he will use to check your right to work. However, the share code will be valid for 30 days from the point you receive the code. But you can use it as many times as you want within that time.
Share codes are service-specific. An individual cannot use a code generated by another Home Office service for a right-to-work online check. If a share code expires, or the individual makes use of a code generated by another service, the individual must apply for another right to work share code.
However, the employer part of the service is called ‘View a job applicant’s right to work details. You must access the service using the employer part of the service to obtain a statutory excuse.
How To Create a Check Right To Work Share Code For Job Applicants in the UK
A share code is usually valid for 30 days and contains nine alphanumeric characters, like 9FT-8LH-2Y4. Itinerant workers can prove their Right to Work to an employer by simply sharing a share code”. To create one, an itinerant worker will need one of the following:
- Biometric Residence Permit (BRP) number, sometimes called a visa
- Biometric Residence Card (BRC) number
- Passport or National Identity card
You can create a “share code by following the simple instructions using one of the following:
- UKVI Account
- If you have status under EU Settlement Scheme (EUSS),
- Biometric Residence Permit (BRP)
However, the employer must check the details of a job applicant’s right to work in the UK, using the date of birth and right-to-work share code. Including the types of work, they’re to do and how long they can work in the UK if there’s a time limit. You can also check someone’s original documents instead if they don’t have a share code.
Home Office Check Right to Work
An employer must follow the Home Office check right-to-work policy or may likely face a civil penalty if he employs an illegal worker and did not carry out a correct right-to-work check. You must check that a job applicant meets the requirement and is allowed to work for you in the UK before you go ahead and employ them.
Furthermore, the Home Office policy implies that employees must prove that they have a permanent entitlement to work or temporary entitlement to work in the UK. Also, they need to provide one relevant document or, two relevant documents in specified combinations. However, the documents they will provide must be original documents.
Documents to Prove Permanent Entitlement to Work in the UK
- A passport showing the holder or the name in the passport as the child of the holder. However, the holder should be a British citizen or a citizen of the UK, with Colonies having the right of abode in the UK.
- A passport or national identity card showing the holder, or the name in the passport as the child of the holder is a national of the Republic of Ireland.
- A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland
- A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the holder is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK
- A current passport with an endorsement to show that the holder is exempt from immigration control and can stay indefinitely in the UK. also has the right of abode in the UK or has no time limit on their stay in the UK
- A current Immigration Status Document that the Home Office issues to the holder with an endorsement indicating that the holder is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK. Hence, this must come with an official document giving the person’s permanent National Insurance number and name, issued by a Government agency or a previous employer.
- The UK full birth or adoption certificate in the UK. This includes the name of at least one of the holder’s parents or adoptive parents. Also, this must be together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
Documents to Prove Temporary Entitlement to Work in the UK
Generally, the temporary document entitlement to work in the UK is in two groups. They include
#1. Documents Where a Time-Limited Statutory Excuse Lasts Until the Expiry Date of Leave
- A passport with an endorsement to show that the holder is allowed to stay in the UK and is currently can do the type of work in question.
- A current Biometric Immigration Document (Biometric Residence Permit) that the Home Office issues to the holder indicates the holder’s current stay in the UK and can do the work in question.
- A current Immigration Status Document containing a photograph issued by the Home Office to the holder. This should include a valid endorsement indicating that the holder may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
#2. Documents Where a Time-Limited Statutory Excuse Lasts for Six Months:
- An Application Registration Card that the Home Office issues to the holder stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
- A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer indicating that the holder may stay in the UK and is permitted to do the work in question
How to Check Right to Work in UK
Generally, the Home Office made some temporary changes to how to check right-to-work documents in the UK as a result of the coronavirus (COVID-19) pandemic that took place in 2019. There are two types of right-to-work checks. They include:
#1. Traditional Manual Right-to-Work Check
A traditional manual right-to-work check allows an employer to physically check an applicant’s documentation. Currently, an employer can use this for all employees and potential employees. The Home Office has a helpful checklist that an employer can use to support such a check.
#2. Online Right-to-Work Check
The employer uses the online right-to-work check with the employer checking service or “share code” to check the immigration status of employees and potential employees. where they cannot provide their physical documents as a result of their online immigration status or they are with the Home Office as part of a fresh application)
Currently, the Home Office made some changes in the right-to-work check guidance. A new annex E was added to the right-to-work checks guidance. Declaring that from 6 April 2023, an employer will not be able to accept biometric residence cards or permits. Whereas under the current process you can carry out a manual right to work check for all, including for those holding a biometric card, this will no longer be possible under the new guidance.
An employee or potential employee holding a Biometric Residence Card, a Biometric Residence Permit, or a Frontier Work Permit will only be able to have their right to work checked through the employer checking service or a Share code. Employers who carried out a manual right to work check or Covid 19- adjusted right to work check before 6 April 2023 will not be able to carry out a retrospective check after this date.
Check Right to Work With Code
How to check the right to work with a code are in two steps
1. Ask the job applicant to generate a share code if they don’t have any. It’s important to know that it’s not always possible to conduct online right-to-work checks on all individuals because not all have an immigration status that you can check online. There is also the possibility that an individual does not want to share his or her status using the online service, even when possible. In this case, you should also conduct the manual check (whether you do it yourself manually or use a tool to help you with the process). Complygate’s right-to-work check tool can be helpful and save lots of headaches and mistakes.
2. Access the ‘View a job applicant’s right to work details using the employer part of the service. You will have to introduce the share code and the individual’s date of birth. You will then have access to viewing their right to work profile page. Viewing a candidate’s profile in the online service is not enough and cannot provide you with a statutory excuse. It’s only the first step. By doing so, you can confirm that the person has, the right to work in the UK and proceed to perform a Right to Work check.
Step 2. Conduct a Right to Work Check
You have to conduct the right to work check in the presence of the individual (in person or through live video link), and check that the photograph on the online right to work check is the individual presenting themselves for work. You will have to do this before they resume work.
Step 3. Collect and Store Evidence of the Online Check.
You must keep evidence of the online right-to-work check. This should be the profile page of the individual, confirming their right to work in the UK. This is the page that includes their photo and the date of the check. You can either print it or save it as a PDF or HTML file. You should store the file properly to avoid losing it. Whether Softcopy or hardcopy, for the full duration of the individual’s employment, even after two years.
What Is Right to Work Check?
A right-to-work check is a Home Office process to establish that each employee or casual worker has the right to work in the UK before they start their employment.
Can I Check My Right to Work in UK?
You can check your right to work by showing your employer your ARC. Your employer will also need to contact the Home Office to check you have the right to work. If you need to prove you have the right to do the job you’re applying for, you’ll need to show your employer your ARC.
What Documents Are Needed for a Right to Work Check?
The following documents show the applicant’s right to work in the UK.
- Passport.
- Permanent resident card.
- National identity card.
- Registration certificate.
- Biometric immigration document.
- Immigration status document.
- Birth or adoption certificate.
- Certificate of registration or naturalisation.
Is Driving Licence Proof of Right to Work in UK?
No. It is a common misconception that British citizen can provide their driving license to evidence their right to work. This is not acceptable proof of the right to work check.
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