Key Takeaways

• The Right to Work share code is now the standard—and often the only—compliant method for most workers with digital immigration status to demonstrate their right to work in the UK.

• Workers generate a share code using the “Prove your right to work” service on GOV.UK via their UKVI account. The service is free, and the share code is generally valid for 90 days and can be reused during that period.

• Employers should use the Home Office employer checking service to verify the share code, ensuring a statutory excuse against civil penalties.

• If a worker cannot provide a share code, employers must use an appropriate alternative check, such as:

  • A manual document check, or

  • The Employer Checking Service with a Positive Verification Notice, depending on the individual’s circumstances.

• Incorrect use of share codes or failure to follow the prescribed checks removes the statutory excuse, exposing employers to civil penalties of up to £60,000 per worker for repeat breaches.

A Right to Work share code is a unique 9-character alphanumeric code used by most non-British, non-Irish workers with digital immigration status to prove their eligibility to work in the UK.

All UK employers are legally required to verify that every employee has the right to work. For workers whose status is held digitally—including those with an eVisa, EU Settlement Scheme status, or a UKVI account linked to a BRP—the share code is now the primary method for verification.

Digital right to work checks are intended to be faster and more straightforward than manual checks, but they are not foolproof. Errors in generating or using share codes, or misunderstanding fallback procedures, can expose organisations to:

• Civil penalties of up to £60,000 per worker,

• Increased Home Office scrutiny, and

• Recruitment delays.

Given the potential risks, employers are advised to take a proactive approach to compliance, ensuring that Right to Work share codes are correctly requested, verified, and recorded.

This guide sets out what employers need to know about Right to Work share codes and how to use them to perform fully compliant checks.

For specialist advice on using Right to Work share codes correctly, contact our compliance experts.

Section A: What is a Right to Work Share Code?

A Right to Work share code is a unique 9-character alphanumeric code generated via GOV.UK. It allows non-British, non-Irish workers with digital immigration status to prove their right to work online to UK employers.

Each share code is linked to the individual’s Home Office record, enabling employers to carry out a digital Right to Work check in real time. This check confirms whether the person has permission to work in the UK, under what conditions, and for how long—without the need for physical documents.

1. Role of the Right to Work Share Code

The purpose of the Right to Work share code system is to give employers a straightforward, secure way to carry out a Right to Work check on an individual’s immigration status directly against Home Office records. Where a worker’s status is digital, the share code removes the need for them to present specific original documents and allows employers to rely on a single, consistent process aligned with the prevention of illegal working regime and their Right to Work obligations.

Right to Work share codes are valid for 90 days from the date it is generated, used by most non-British, non-Irish citizens whose immigration status is held digitally. They are issued through the Home Office online service and are commonly used by visa holders, EU Settlement Scheme status holders and those with eVisas whose status is recorded in a UKVI account instead of a physical document. Each Right to Work share code starts with the letter “W”, which distinguishes it from other Home Office codes such as right to rent codes that begin with different letters.

2. How Right to Work Share Codes Are Used

Employers can use a Right to Work share code through the GOV.UK “Check a job applicant’s right to work” service at gov.uk/view-right-to-work. By entering the worker’s share code and date of birth, employers can access the individual’s live Home Office record. This confirms:

• Whether the person has permission to work in the UK

• Any restrictions on the type of work they can undertake

• Relevant expiry dates for time-limited permission, allowing employers to ensure the role complies with these conditions

How Workers Generate a Share Code

Workers create a share code using the “Prove your right to work to an employer” feature on GOV.UK. To generate a code, the individual must provide details from their digital immigration status or linked identity document, such as:

• Their eVisa on their UKVI account

• Biometric Residence Permit (BRP) number

• Passport or national identity card linked to their UKVI account

Once the online process is completed, the system generates a unique 9-character Right to Work share code, which the worker can provide to their employer.

Using the Share Code

With the share code, the employer can quickly verify the worker’s immigration status in real time. The returned information includes:

• Permission to work in the UK

• Types of work permitted

• Expiry date of time-limited permission

Employers can also reuse the same service for follow-up checks if the worker’s right to work is time-limited.

Exceptions and Compliance

Workers are not required to provide a share code where a manual document check or the Digital Verification Service (DVS) is available and acceptable. Employers should avoid insisting on a single route in a way that could be discriminatory. Any prescribed check type that establishes a statutory excuse is sufficient for compliance.

Worker type	Right to Work check required?	Acceptable evidence & key points	Permitted check route(s)
British citizens	Yes	Right to Work share codes do not apply. Employers either carry out a manual document check or, if they choose, use a Digital Verification Service (DVS) for valid British passports.	Manual check, or Digital Verification Service (DVS) via a certified IDSP
Irish citizens	Yes	Irish passport or passport card (current or expired), or acceptable birth/adoption certificate plus NI evidence. No visa or Right to Work share code required. Manual document check or, if the employer chooses, a Digital Verification Service (DVS) check for a valid passport or passport card.	Manual check, or Digital Verification Service (DVS) via a certified IDSP
EEA/Swiss nationals with eVisa or EU Settlement Scheme status	Yes	Provide a Home Office Right to Work share code. Physical documents are not accepted except for certain Certificates of Application in specific scenarios.	Online Right to Work share-code check
Non-EEA nationals with eVisa	Yes	Provide a Home Office Right to Work share code. BRP/BRC alone is no longer valid as evidence of Right to Work.	Online Right to Work share-code check
Student visa holders	Yes	Right to Work share code plus evidence of term and vacation dates to confirm work-hour limits.	Online Right to Work share-code check
Temporary / casual staff	Yes	Short duration does not remove the duty. Evidence depends on the individual’s status.	Status-appropriate route (manual, online, or IDVT where allowed)
Agency workers & contractors	Yes, where you are the employer	Legal employer (agency or end-user) carries the duty to complete the check and rely on the correct route, including a Right to Work share code where required.	Route depends on worker’s immigration status
Gig-economy or genuinely self-employed individuals	No, if truly self-employed	If the working arrangement amounts to employment in substance, a full check is required and may involve a Right to Work share code.	Status-appropriate route if employment exists
Volunteers / unpaid interns	Not legally mandated	No statutory check is required where there is genuinely no contract of employment, service or apprenticeship, but checks are strongly advised where duties mirror paid work or where there is any risk the role amounts to ‘work’ under the immigration rules.	Status-appropriate route if check undertaken
Existing employees under continuous employment & compliant pre-start check	No repeat check	Repeat only if they had time-limited leave or status changes that trigger a fresh check, which may involve a new Right to Work share code.	Not required unless follow-up due
Employees with time-limited visas	Yes, follow-up required	Obtain a fresh Right to Work share code, or a Positive Verification Notice, before leave expires to extend the statutory excuse, except where the employee holds status under the EU Settlement Scheme, in which case no follow-up check is required once an initial prescribed check has been done.	Online Right to Work share-code check or ECS

 

For most non-British, non-Irish workers whose status is held digitally, the Right to Work share code is now the main prescribed route to a statutory excuse, and for many eVisa holders it is the only route, because expired BRPs and BRCs are no longer acceptable evidence and the Employer Checking Service will not usually issue a PVN where an eVisa is available.

When the digital check system works well, it provides the simplest and most efficient way for employers to meet their duties under the prevention of illegal working rules. However, the simplicity of the process should not lead to complacency regarding its importance in overall Right to Work compliance and risk mitigation.

Senior HR teams may sometimes assume the digital system is self-explanatory and leave it to less experienced staff without structured training, which can lead to problems. It’s crucial that all personnel involved in Right to Work checks receive clear guidance and proper training to ensure compliance and avoid avoidable mistakes. For example, only share codes starting with “W” are valid for Right to Work checks, and the Home Office profile page from the employer checker serves as the official evidence supporting the statutory excuse. Ongoing training for everyone involved in Right to Work checks is essential for ensuring long-term compliance.

Section B: Who Needs a Right to Work Share Code?

A Right to Work share code is usually required for individuals who are not British or Irish citizens and whose immigration status is held digitally. This includes those with eVisas, EU Settlement Scheme status, biometric residence permits (BRPs), and frontier worker permits. British and Irish citizens do not need a Right to Work share code. They prove their right to work through physical documents (such as a UK or Irish passport or birth/adoption certificate plus National Insurance evidence) or, in some cases, through a Digital Verification Service (DVS) check.

For workers with digital immigration records, a Right to Work share code is now the standard method to prove their right to work to an employer. The code is generated using the online service provided by the Home Office and can be used by employers to verify the worker’s immigration status in real-time. This system is mainly for non-British and non-Irish citizens, including individuals with eVisas, EU Settlement Scheme status, and other UKVI-linked documents.

For individuals with an eVisa who have submitted a timely application to extend or vary their permission, their existing rights typically continue under section 3C leave. If the worker cannot yet prove their updated status online, and you are reasonably satisfied they have an outstanding application, appeal, or review, you can contact the Employer Checking Service (ECS) for a Positive Verification Notice (PVN), which gives a six-month statutory excuse. However, if the Home Office system shows that the eVisa is available, ECS will not issue a PVN and will direct you to use the online service for verification.

1. Who Can Use a Right to Work Share Code?

The following categories of workers can obtain and provide a Right to Work share code to their current or prospective employers:

• New Hires from the EU, EEA, and Switzerland: Individuals from the EU, EEA, and Switzerland who moved to the UK after 31 December 2020 and do not have settled or pre-settled status. These individuals will need a visa (e.g., Skilled Worker visa) and will have digital immigration status, allowing them to use a Right to Work share code to prove their Right to Work.

• Existing Employees with a Change in Immigration Status: Workers whose immigration status changes (e.g., switching from a Student visa to a Skilled Worker visa) must provide a new Right to Work share code. This enables the employer to carry out a fresh Right to Work check reflecting the updated immigration permission.

• Temporary or Seasonal Workers: Non-UK nationals working under temporary or seasonal work routes, such as the Seasonal Worker visa, will generally have a digital status. These workers are expected to provide a Right to Work share code during their assignment to prove their Right to Work.

• Zero-Hours Workers, Freelancers, Gig Workers, and Contractors: Employers are not required to carry out Right to Work checks on genuinely self-employed individuals (e.g., freelancers or independent contractors). However, if the working arrangement constitutes employment in substance (regardless of the worker’s title), the employer may still be legally required to carry out a Right to Work check. If a Right to Work share code is needed, the worker must provide it.

• Students with Work Permissions: International students holding valid Student visas and permitted to work (e.g., part-time during term time, full-time during vacations) will typically have a digital status. These students will use a Right to Work share code to prove their Right to Work. Employers must also check working hour restrictions based on the student’s visa terms.

2. Individuals Without a Share Code

British and Irish citizens are exempt from the requirement to use a share code. While they must still prove their right to work, they are not subject to immigration control and can rely on original physical documents, such as a British passport, for manual verification (as prescribed in List A).

The Home Office’s online share code system is primarily intended for non-British, non-Irish workers. However, in situations where a share code is unavailable, employers are instructed to fall back on prescribed alternatives.

For individuals with pending immigration applications, appeals, or administrative reviews, or those with protected status under section 3C leave, the first step is to check whether their status can be verified online. For many eVisa holders, the Home Office service supports right-to-work checks even during in-time applications, granting a statutory excuse for six months when a valid share code is used.

Where an online or manual check cannot be completed—due to the individual’s status being inaccessible online or the individual holding a non-digital Certificate of Application or Application Registration Card (ARC)—employers must seek verification through the Employer Checking Service (ECS). A Positive Verification Notice (PVN) from the ECS provides a six-month statutory excuse.

In some cases, an eVisa holder may experience issues generating a share code due to technical errors, such as image problems. Employers should allow the individual reasonable time to resolve the issue with the UKVI Resolution Centre. If the issue persists, the employer should again utilize the ECS for written confirmation.

Certain categories of workers, including asylum seekers holding an ARC that permits work, and those with non-digital Certificates of Application under the EU Settlement Scheme, do not have access to the share code system. In these cases, employers must contact the ECS for verification and retain the resulting PVN as evidence, unless the individual can otherwise generate a valid share code in accordance with current guidance. This process also applies to individuals in the Windrush Scheme undergoing regularisation of historical status.

Employers must treat all applicants equitably to avoid discrimination. Sufficient time should be allowed for individuals to prove their status, and follow-up checks should be scheduled where PVNs or List B documents confer limited-time protection.

Compliance with the UK Immigration System: Employer Obligations

Recent fundamental changes to the UK immigration system have resulted in a complex framework of immigration statuses, digital tools, and procedural requirements that employers must navigate. The legal expectation is full compliance with these regulations, and failure to meet the required standards exposes employers to scrutiny and penalties, regardless of whether they employ a single migrant worker or manage a diverse workforce comprising British, Irish, EU, and non-EU nationals.

For larger employers, inconsistency in the approach to right-to-work checks represents a significant risk. For example, requesting a share code from all candidates simply for convenience may lead to claims of discrimination. Similarly, continuing to accept legacy Biometric Residence Permits (BRPs) or outdated documents solely because they appear “official” can also result in non-compliance and legal consequences.

Even when staff members act with good intentions, improper or improvised procedures—especially when based on limited or inaccurate information—can expose the organisation to both enforcement action and discrimination complaints. To mitigate this risk, it is essential to implement a robust system that clearly outlines which type of right-to-work check is required for each category of worker and which verification methods are legally permissible.

The design of such a system will depend on factors including the size of your organisation, the level of internal expertise, and available resources. Seeking professional advice can be instrumental in establishing a structured and compliant framework, ultimately ensuring consistency in decision-making and reducing exposure to legal risk.

Section C: How to Get a Right to Work Share Code Step by Step

Obtaining a Right to Work share code is a straightforward process designed to help non-UK citizens verify their eligibility to work in the United Kingdom. This digital code simplifies the verification process for both employers and employees, ensuring compliance with immigration laws. The following are the steps involved in requesting a share code:

Step 1: Visit the Official Government Website

Go to the UK Government’s official website for proving your right to work. The direct URL is gov.uk/prove-right-to-work. Always use the official GOV.UK site rather than third-party links.

Step 2: Start the Process and Log In

Click on the link that says “Start now” or similar, which will direct you to the login page of the online service. If you already have a UKVI account linked to your immigration status, log in using your credentials. If not, you will need to create an account by providing your personal details and setting up security measures so that your digital status can be accessed.

Step 3: Documentation

You will need to have one of the following to request the share code:

• Access to your eVisa on your UKVI account
• Your BRP or BRC number (used to access your UKVI account and digital status – the physical card itself is no longer acceptable proof of right to work)
• Your passport or nationality identity card

Document / Information	Details
eVisa	Accessible via your UKVI account and used to log in and generate your Right to Work share code. Employers rely on the share code result from GOV.UK, not screenshots of your eVisa.
Biometric Residence Permit (BRP) or Biometric Residence Card (BRC)	BRPs were previously issued to many non-EU nationals and some EU nationals. The BRP number, together with your personal details, is now used to access your UKVI account and generate a Right to Work share code. The physical BRP card itself is no longer acceptable as standalone evidence of Right to Work; employers rely on the online result from the GOV.UK checker.
EU Settlement Scheme Status	If you are an EU, EEA or Swiss national with settled or pre-settled status, you will need to provide details of your status as granted under the EU Settlement Scheme to access your UKVI account and generate a Right to Work share code.
Passport or National Identity Card	For certain processes, you might need to reference your passport or national identity card, especially if your immigration status was verified through these documents, to access your digital record and create the share code.
Personal Details	Ensure you have your full name, date of birth and any other personal details that match your official documents. Consistency is crucial for accurate processing.
Email Address	Required for account setup, receiving confirmations and other communications related to your Right to Work status.

 

Step 4: Enter Personal Information and Document Details

Once logged in, you will be prompted to enter personal information such as your name, date of birth and immigration details. You will then need to enter the details of your chosen ID document, for example your eVisa reference, BRP or BRC number or passport details. Make sure that the information entered matches exactly what is on your official documents.

Step 5: Generate the Right to Work Share Code

After entering all the required information, the system will process your details and generate a unique Right to Work share code. This 9-character alphanumeric code is normally valid for 90 days and can be used by employers during that period to verify your Right to Work. If the code expires before your employer has used it, you will need to log back into the service and generate a new Right to Work share code.

Step 6: Receive Confirmation

You will receive a confirmation email or notification that includes your Right to Work share code and instructions on how to share it with employers. Keep this information safe so that you can provide it when requested.

Step 7: Share the Code with Your Employer

Inform your prospective or current employer that you will be providing a Right to Work share code to verify your eligibility. This can be done through email, phone or in person during the hiring process. Provide your employer with the unique Right to Work share code and your date of birth. You can send the code via email, text or any other written form that your employer prefers, as they will need both the code and your date of birth to run the check.

The share code will be valid for 90 days and can be used as many times as necessary during that time. If the code has expired, or the individual has used a code generated by a different service, such as the right to rent service, the employer has to ask them to resend a new Right to Work share code. It is also not sufficient to view the details provided by the employee on the migrant part of the service; the employer needs to use the official employer-facing GOV.UK checker to gain a statutory excuse.

From an employer’s point of view, the real issue isn’t just about the worker generating a share code in theory, but whether they can actually do it correctly and on time. A lot of workers leave it until the last minute—often right before their start date—and then run into problems trying to log into their UKVI account or find that the information on their account is wrong. Some even end up using the “Right to Rent” service by mistake, which just makes everything more complicated. This causes unnecessary stress for HR because the worker can’t start until the Right to Work check is fully completed.

To avoid these headaches, it’s safer to take a more cautious approach: don’t let a worker start until all checks are fully cleared. It’s also a good idea to build a deadline into your recruitment and onboarding process for candidates to show that they can log in to their UKVI account and generate a Right to Work share code well ahead of their start date. That way, if there are any issues, you have time to sort them out without scrambling at the last minute.

Section D: How Employers Check a Right to Work Share Code

Having been given permission by a prospective or existing employee to access and view their Home Office record, and having been provided with a valid share code, the process to conduct compliant checks using a share code for employers is as follows. Employers need to use the employer-facing GOV.UK service, not screenshots or the worker’s own “view your status” page, if they want a statutory excuse against a civil penalty.

Step 1: Visit the Official Government Website

Employers will need to go to the UK Government’s online service for checking a job applicant’s right to work. The direct URL is gov.uk/view-right-to-work. Only this checker gives the statutory excuse; viewing the individual’s status on their own device or using a different GOV.UK service does not.

Step 2: Enter the Share Code

On the verification page, employers will enter the Right to Work share code provided by the employee. Only share codes that start with the letter “W” are valid for Right to Work checks; codes beginning with other letters, for example “R” for right to rent, relate to different services. If the worker supplies a code that does not start with “W”, the employer needs to ask them to generate and provide a new Right to Work share code.

Step 3: Enter the Employee’s Date of Birth

Employers will also need to enter the employee’s date of birth as provided along with the share code. This ensures that the code is matched with the correct individual.

Step 4: View the Verification Results

The online service will display the employee’s right to work status, including any restrictions or conditions on their employment. Employers should review this information carefully to ensure compliance. Provided the individual has the right to work in the UK and to do the work on offer, the employer can go on to employ them or continue to employ them.

Step 5: Record Keeping

Once the online right to work check has been conducted using the share code checker, the employer is required to retain evidence of that check. This means printing out or saving the profile page of the employee in question, including their photo and the date when the check was undertaken. The employer will be given the option of printing the profile page or saving it as a PDF or HTML file. The employer then needs to securely store either an electronic or hard copy of the response provided for as long as that person is in their employment plus an extra 2 years afterwards, after which the file should be securely destroyed. This retained profile page is the evidence the Home Office will expect to see if an issue later arises and it underpins the statutory excuse against a civil penalty.

Workarounds are a common issue in practice. HR staff, usually with the best intentions and under pressure to get everything sorted before the employee’s start date, might try to get creative. They might accept screenshots from a worker’s phone, PDFs the worker has downloaded, or checks carried out on the wrong GOV.UK page. However, none of these are acceptable. If UKVI requests evidence, they will only accept the employer-facing profile page, which shows the worker’s photo, the conditions, and the date the check was completed.

You cannot rely on anything else. Your process needs to make it clear that the only acceptable way to carry out digital checks is by using the employer checker and saving the official profile page—no exceptions.

Section E: Alternatives to Share Codes

If a worker is unable to provide a Right to Work share code, employers have three alternative ways to complete a compliant Right to Work check. The specific route will depend on the worker’s nationality, immigration status, and how their permission to work is held. In some cases, where the worker only has digital status, the online share code checker may be the only option available—eVisa holders, for instance, usually can only prove their Right to Work through the online service.

However, there may be situations where an online check isn’t possible, or the worker hasn’t provided a share code for the employer to use.

In these cases, it’s important for employers to seek advice to ensure they’re following the correct procedures and staying compliant with the regulations, to avoid any potential enforcement action.

Alternative Ways to Conduct a Right to Work Check

1. Manual Document Checks

When carrying out a manual right to work check, employers must ask the prospective or existing employee for specific documents from either List A or List B of acceptable documents. List A includes documents that prove a permanent right to work in the UK, while List B includes documents that show a temporary right to work. You can find both lists on GOV.UK.

The documents provided must be original copies, and the check must be done in person with the employee present. As long as the documents are genuine, the person is the rightful holder, they are allowed to do the type of work being offered, and their right to work hasn’t expired, the employer can proceed with hiring or continuing to employ the individual.

The employer is also required to make and keep copies of the documents in a format that can’t be changed or edited. The date of the check must be recorded, and this evidence must be securely stored for at least two years after the person stops working for the employer.

2. Digital Right to Work Checks

A digital right to work check uses a Digital Verification Service (DVS), sometimes called an identity service provider (IDSP), to confirm a worker’s identity.

Even though parts of the process can be handled by the IDSP, the ultimate responsibility still sits with the employer. Before an employee starts, the employer needs to get a copy of the IDVT identity check from the provider, along with the document that was checked. They should then review it to make sure it’s reasonable to believe the check was done correctly and according to the rules. The employer also needs to confirm that the details and photo on the IDVT check match the person who is presenting themselves for work.

All information received from the IDSP should be stored safely, either electronically or as a hard copy, for as long as the person works for the company and for at least two years after they leave.

3. Employer Checking Service

In certain circumstances, it may not be possible to complete a standard online or manual right to work check. This typically arises where an overseas national has an outstanding Home Office application submitted prior to the expiry of their previous leave, or where an application, review, or appeal of a Home Office decision is pending. Where an employer is reasonably satisfied that a conventional check cannot be undertaken, the appropriate course of action is to request a Positive Verification Notice via the Employer Checking Service (ECS).

To initiate an ECS check, the employer must provide details of their business, the individual’s personal information and job title, and the relevant Home Office reference number or case ID. Upon verification that the individual is permitted to work in the UK, the Home Office will issue a Positive Verification Notice, which the employer is obliged to retain for their records.

For prospective employees, employment must not commence until confirmation of the individual’s right to work has been received from the Home Office. In contrast, existing employees who are applying to extend their permission to remain in the UK may generally continue working while their application is pending, provided that it was submitted prior to the expiry of their previous leave.

4. Common Issues with Right to Work Share Codes and How to Address Them

In some cases, the challenge may not lie in the validity of a share code, but rather in the worker’s inability to provide one when required.

If a prospective or current employee informs you that they have an in-time application, appeal, or administrative review pending, or that they are protected under Section 3C leave, the first step is to verify whether their immigration status can be checked online. For many eVisa holders, the online service enables right to work checks during pending applications and will provide a six-month statutory excuse when using a share code.

If the individual cannot be verified online or manually in accordance with current guidance (for example, if they hold an Application Registration Card (ARC) or a non-digital Certificate of Application), you should request verification through the Employer Checking Service. A Positive Verification Notice (PVN) will be issued, which protects the employer from liability for a period of six months.

In some instances, a worker holding an eVisa may be unable to generate a valid Right to Work share code due to technical issues, such as an image error or fault within their UKVI account. In such cases, it is advisable to provide the individual with a reasonable opportunity to resolve the issue through the UKVI Resolution Centre, in order to generate a valid share code. If the problem persists and the share code cannot be generated, the employer should again rely on the Employer Checking Service to obtain written verification.

There are specific categories of individuals for whom Right to Work share code functionality is unavailable. This includes asylum seekers holding an Application Registration Card (ARC) that permits them to work, as well as individuals with non-digital Certificates of Application under the EU Settlement Scheme. Such individuals must be verified through the Employer Checking Service, with a PVN retained for record-keeping. This approach also applies to cases involving the Windrush generation, where historical immigration status is being regularised.

In all such instances, it is critical for employers to treat applicants fairly and consistently, in accordance with anti-discrimination principles. Employers should allow reasonable time for the individual to demonstrate their immigration status and should ensure that any follow-up checks are scheduled, particularly where the PVN or List B document provides only time-limited protection.

Risk exposure escalates when a Right to Work share code is unavailable or malfunctioning, which can put the integrity of your Right to Work verification process at risk.

Human Resources (HR) teams and managers may face pressure to avoid delays in a candidate’s start date or to prevent informing the candidate that they need to resolve the issue directly with UKVI. However, it is crucial that these decisions are not made on an ad-hoc basis. The integrity of the process must be maintained, and proper procedures should always be followed.

Employers should have clearly defined protocols in place for scenarios where a Right to Work share code is not provided or fails to function correctly. These protocols should include:

• Who has the authority to make the decision about whether to proceed with the recruitment process in the absence of a valid share code.

• How long the worker should be given to resolve the issue directly with UKVI or through the UKVI Resolution Centre.

• When to escalate the situation by requesting a verification through the Employer Checking Service (ECS), ensuring that this step is taken promptly to maintain compliance.

By establishing clear rules and responsibilities for these situations, employers can mitigate risks and ensure that their recruitment process remains compliant with immigration law.

Section F: Employer Penalties for Right to Work Breaches

The improper use of a Right to Work share code—such as accepting an expired code or failing to save the Home Office profile page from the GOV.UK checker—removes the statutory excuse and exposes the employer to civil penalties outlined in this section.

All UK employers have a legal duty to prevent illegal working. This duty is typically fulfilled by conducting a simple online right to work check using a share code for employers. By doing so, employers can verify that a prospective employee is eligible to work in the UK and is not disqualified from performing the specific role on offer due to their immigration status. In cases where the right to work is time-limited, a follow-up check should be conducted before the expiry of the individual’s right to remain employed.

Failure to conduct a prescribed right to work check—or a follow-up check where applicable—can have severe consequences. If it is later discovered that an overseas national is working illegally, the employer’s ability to rely on the statutory excuse to avoid penalties is crucial. Without the correct documentation, the employer may face civil penalties of up to £45,000 per illegal worker for a first offence, and up to £60,000 for subsequent breaches.

More seriously, if an employer knowingly, or with reasonable cause to believe, hires an individual who does not have the legal right to work in the UK, or who is not permitted to undertake the offered role, they may face criminal prosecution. Employing illegal workers is a criminal offence and can result in a prison sentence of up to five years, an unlimited fine, or both. In addition, employers found guilty of employing illegal migrants risk losing their sponsor licence, which may result in the loss of their legal migrant workforce, along with significant reputational damage to the employer.

The civil penalty fine is usually just the beginning. The amounts can be staggering and often cause serious operational disruption for an employer. You then have to divert significant time and resources to handle the notice and any potential challenge, knowing that ignoring or failing to cooperate will only make things worse. On top of that, there’s the impact on your workforce, internal morale, and external reputation.

Once a civil penalty is on record, it remains in the Home Office systems and is considered in every future interaction. Sponsor licence decisions, visit reports, and routine requests are all viewed through the lens of past non-compliance. Even if you pay the fine quickly and move on, your organisation will still be seen as higher risk. Insurers, regulators, and major clients often run checks and can see your name on published penalty lists.

A smarter approach is to treat share code and Right to Work compliance as part of your broader enterprise risk management strategy. Allocating realistic budgets for training, audits, and system upgrades is typically a much more cost-effective solution than dealing with penalties and enforcement actions down the line.

Section G: Summary

Right to Work share codes are alphanumeric codes generated by the Home Office online service that allow non-British, non-Irish workers with a digital immigration status to prove their permission to work. Employers enter the code and the individual’s date of birth into the government portal and receive a record that can be downloaded and kept as evidence.

Reliance on digital status is helping to streamline recruitment, but it also brings compliance duties. Incorrect or expired codes, information errors or failure to complete the check before employment begins remove the statutory excuse and expose the business to civil penalties of up to £45,000 for a first breach.

Section H: Need Assistance?

Business immigration specialists offer expert guidance to employers on all aspects of Right to Work compliance, including the proper use of share codes. Our services include comprehensive right to work audits, process and document reviews, system assessments, training, and e-learning modules. We also provide ongoing support with conducting right to work checks.

For tailored advice and support that addresses the unique needs of your organisation, don’t hesitate to get in touch with us.

Section I: Right to Work Share Code FAQs

What is a Right to Work Share Code?

A Right to Work Share Code is a unique, digital code issued by the UK Home Office that allows non-UK citizens to prove their right to work in the UK. It simplifies the verification process for employers and helps ensure compliance with immigration laws.

Who needs a Right to Work Share Code?

Most non-British, non-Irish citizens with a digital immigration status now use a Right to Work share code to prove their right to work, including many BRP holders, EU Settlement Scheme status holders and international students. Where a share code is not available, other prescribed documents or an Employer Checking Service result may still be acceptable.

How do I obtain a Right to Work Share Code?

You can obtain a Right to Work Share Code by visiting the UK Government’s official website logging in or creating an account, and entering the required personal and document details. The system will then generate a share code for you.

How do I share my Right to Work Share Code with an employer?

Provide your employer with the unique share code and your date of birth. This can be done via email, text, or any written format. Employers will use this information to verify your right to work status through the government’s online service.

How can employers verify a Right to Work Share Code?

Employers can verify the share code by visiting the UK Government’s online service for checking right to work, entering the share code and the employee’s date of birth, and viewing the verification results.

What happens if the share code expires?

The share code is valid for 90 days from the date of issue. If it expires before your employer has had a chance to verify it, you will need to generate a new share code and provide it to your employer.

What should I do if my employer is unable to verify my share code?

Ensure that the share code and your date of birth are correct. If the problem persists, generate a new share code and provide it to your employer. If technical problems continue, you should contact the UKVI Resolution Centre for help with your UKVI account or digital status.

What are the consequences of not having a Right to Work Share Code?

Where an individual’s status is held digitally and they cannot provide a valid Right to Work share code or acceptable alternative evidence, an employer may be unable to complete a compliant check and may lawfully decide not to proceed with employment. Employers who fail to carry out a prescribed check face civil penalty and, in serious cases, criminal and reputational consequences. Employers who fail to verify the right to work status can face civil penalties, criminal charges, and damage to their business reputation.

How often do employers need to check the right to work status?

Employers must conduct right to work checks before employment begins and carry out follow-up checks for workers with time-limited permission, before their current permission expires. If the initial check confirms that the employee has indefinite leave to remain or status under the EU Settlement Scheme, no follow-up check is required.

Can I use a share code for multiple employers?

Yes, you can use the same share code for multiple employers within the 90-day validity period. Each employer can verify your right to work using the same code and your date of birth.

Is the share code system secure?

Yes, the share code system is designed to be secure, protecting both the employee’s personal information and the integrity of the right to work verification process.

Section J: Glossary

Term	Definition
Right to Work share code	A 9-character alphanumeric code, starting with the letter “W”, generated by the UK Home Office that allows most non-British, non-Irish workers with digital immigration status to prove their right to work via the GOV.UK online service.
eVisa	Online proof of UK immigration status, accessible via the individual’s UKVI account instead of a physical document.
Biometric Residence Permit (BRP)	An official document previously issued to many non-EU nationals and some EU nationals that contains biometric data and immigration details. The BRP number is now used to access the UKVI account and generate a Right to Work share code; the physical card is no longer acceptable as standalone evidence of right to work.
Biometric Residence Card (BRC)	A card formerly issued to some EU, EEA and Swiss citizens and their family members confirming their residence rights in the UK. Physical BRCs are no longer acceptable as evidence of right to work.
Digital Verification Service (DVS)	A certified service that allows employers to complete digital right to work checks for holders of valid British and Irish passports (including Irish passport cards), in line with the Home Office right to work guidance and supplementary code on digital checks.
EU Settlement Scheme	A scheme allowing eligible EU, EEA and Swiss citizens and their family members living in the UK to apply for settled or pre-settled status.
Settled status	Immigration status under the EU Settlement Scheme for those who have lived in the UK for a continuous 5-year period, allowing them to stay indefinitely and work without restriction.
Pre-settled status	Immigration status under the EU Settlement Scheme for those who have not yet completed 5 years’ residence in the UK, allowing them to stay until they reach 5 years and then apply for settled status.
Employer’s Guide to Right to Work Checks	The Home Office guidance for employers explaining how to carry out compliant right to work checks and how to obtain a statutory excuse against a civil penalty.
UK Visas and Immigration (UKVI)	The division of the Home Office responsible for managing the UK’s visa system, immigration control and many aspects of employer compliance.
Civil penalties	Financial penalties imposed on employers who are found to be employing individuals who do not have the right to work in the UK and where the employer has not carried out a prescribed check.
Indefinite Leave to Remain (ILR)	An immigration status that allows a person to live and work in the UK without time limit and, in most cases, without work restrictions.
Immigration, Asylum and Nationality Act 2006	Key UK legislation setting out, among other things, employers’ duties to check employees’ right to work and the framework for civil penalties for illegal working.
Home Office	The UK government department responsible for immigration, security, law and order, including the administration and enforcement of right to work rules.
Prove your right to work	The GOV.UK online service that individuals use to generate a Right to Work share code for employers.
View a job applicant’s right to work details	The GOV.UK online service that employers use to check an individual’s right to work using a share code and date of birth and to download the profile page as evidence.
Civil Penalty Notice	An official Home Office notice issued to an employer setting out a civil penalty for illegal working, including the amount payable and the employer’s rights of objection and appeal.
Advisory, Conciliation and Arbitration Service (ACAS)	An independent public body that provides free and impartial advice to employers and workers on workplace rights, rules and best practice, including issues that may arise where employment is terminated because of right to work concerns.

 

Section K: Additional Resources

Resource	Description	Link
Prove Your Right to Work	Official GOV.UK service for individuals to generate a Right to Work share code.	https://www.gov.uk/prove-right-to-work
Check a Job Applicant’s Right to Work	Employer-facing GOV.UK service to verify a worker’s Right to Work using a share code.	https://www.gov.uk/check-job-applicant-right-to-work
EU Settlement Scheme Guidance	Information for EU, EEA and Swiss citizens on settled and pre-settled status.	https://www.gov.uk/settled-status-eu-citizens-families