How to Get a Share Code Online and Prove Your Right to Work in the UK

This comprehensive guide will cover everything you need to know about share codes, including how to obtain and use them, employer responsibilities, alternative verification methods, and much more. By the end of this guide, both employees and employers will have a clear understanding of the steps involved in proving the right to work and the importance of maintaining compliance with UK employment laws.

What is a Right to Work Share Code?

A right to work share code is a unique nine-character alphanumeric code provided by the UK Home Office. It enables non-UK nationals to demonstrate their right to work legally in the UK. Employers can use the share code to check an individual’s immigration status through the Home Office online right-to-work service.

Why is a Share Code Important?

• Legally Required: Employers must verify the immigration status of every employee.
• Convenient and Secure: Share codes simplify the process by allowing online verification.
• Specific Use: Different share codes exist for other purposes (e.g., renting property), but only the right-to-work code can be used for employment verification.

Who Needs a Share Code?

The share code system is designed for non-UK nationals, including those from the European Economic Area (EEA), Switzerland, and other countries. Below are the specific categories of individuals who may need a share code:

1. EU, EEA, and Swiss Nationals

After Brexit, EU, EEA, and Swiss citizens no longer have automatic rights to work in the UK. Those who have applied under the EU Settlement Scheme (EUSS) must use a share code to prove their settled or pre-settled status.

2. Visa Holders

Individuals holding work visas, such as Skilled Worker Visas, Global Talent Visas, or Temporary Worker Visas, can use a share code to verify their eligibility for employment.

3. Biometric Residence Card (BRC) or Biometric Residence Permit (BRP) Holders

These cards contain key information about the holder’s immigration status, and the associated share code can be used for online verification.

4. Asylum Seekers and Refugees

Depending on their status, asylum seekers and refugees may be required to use a share code or alternative documents to prove their right to work.

5. Individuals with Indefinite Leave to Remain (ILR)

While ILR grants permanent residency, holders may still choose to generate a share code for convenience.

How to Generate a Share Code

Generating a share code is a simple and user-friendly process. Here’s a step-by-step guide:

Step 1: Prepare Your Documentation

You’ll need the following:

• Biometric Residence Permit (BRP) or Biometric Residence Card (BRC)
• Passport or National Identity Card
• Email Address and Phone Number

Step 2: Access the GOV.UK Portal

Visit the GOV.UK Share Code Service.

Step 3: Log In or Create a UKVI Account

If you’ve applied for a UK visa or registered under the EU Settlement Scheme, you should already have a UKVI account. Use your login credentials to access the portal. If you don’t have an account, you’ll need to create one.

Step 4: Verify Your Identity

The system will send a 6-digit verification code to your registered email or phone. Enter this code to proceed.

Step 5: Generate Your Share Code

Once logged in, you can view your immigration status and generate a share code. Share this code, along with your date of birth, with your prospective employer.

Employer Responsibilities: Verifying Right to Work

Employers in the UK have a legal obligation to ensure that all employees have the right to work. Failure to do so can result in severe penalties, including fines and imprisonment.

How Employers Use the Share Code:

1. Access the Right to Work Checking Service
2. Employers must visit the Right to Work Checking Service.
3. Enter the Share Code and Date of Birth
4. Input the employee’s share code and date of birth to access their right-to-work details.
5. Verify Details
6. Employers should check the individual’s name, photograph, immigration status, and work restrictions (if any).
7. Keep Records
8. Employers must retain a copy of the online check results for the entire duration of the individual’s employment and for at least two years afterward.

Penalties for Non-Compliance

Employers who fail to conduct proper right-to-work checks face significant penalties:

• Civil Penalties: Up to £20,000 per unauthorized worker.
• Criminal Prosecution: Employers can face imprisonment of up to 5 years.

Statutory Excuse

By conducting compliant right-to-work checks, employers gain a statutory excuse, which protects them from penalties if a worker is later found to be unauthorized.

Alternative Methods for Proving Right to Work

In addition to using a share code, there are other ways to verify an individual’s right to work:

1. Employer Checking Service (ECS)

Employers can use the ECS when an employee is unable to provide a share code, such as when their visa application is pending.

2. Manual Document Check

Employers may manually verify physical documents, including:

• Passports
• Biometric Residence Permits
• Immigration status documents

3. Identity Service Providers (IDSPs)

Third-party IDSPs use digital technology to conduct right-to-work checks efficiently.

Special Cases

British and Irish Citizens

British and Irish citizens do not need a share code. They can prove their right to work with a passport, birth certificate, or other government-issued documents.

Commonwealth Citizens with Right of Abode

These individuals can provide a certificate of entitlement or other documentation to prove their right to work.

Asylum Seekers

An Application Registration Card (ARC) or a letter from the Home Office may be used as proof of right to work.

Navigating Complex Scenarios

If you encounter issues with your immigration status or right-to-work checks:

1. Contact the Home Office: Use the status correction service.
2. Provide Supporting Documents: Submit any necessary documentation to resolve discrepancies.

Biometric Residence Permit (BRP) and Biometric Residence Card (BRC)

A BRP or BRC is a secure document issued by the Home Office. These documents provide:

• Personal details (name, date of birth)
• Immigration status and conditions
• Biometric data (fingerprints and photograph)

These cards are critical for proving your right to work, accessing services, and traveling.

Understanding Indefinite Leave to Remain (ILR)

Indefinite Leave to Remain (ILR) grants permanent residency in the UK. ILR holders can work without time restrictions and prove their status through:

• A share code
• Immigration documents, such as a passport with ILR endorsement

The Post-Brexit Employment Landscape

The end of free movement between the UK and EU has introduced new complexities in employment verification. As a result:

• Digital Verification: Tools like the share code have become essential.
• Expanded Compliance Requirements: Employers must now verify immigration status for EU nationals, similar to other non-UK nationals.

Right to Work Legislation

The Immigration Act 2014 outlines employers’ responsibilities for verifying employees’ right to work. Key methods include:

• Manual checks of identity documents
• Online checks through the Home Office service
• IDSPs for digital verification

Failure to comply with these requirements can result in penalties and reputational damage.

Practical Tips for Employers

To streamline right-to-work checks:

1. Stay Updated: Changes in immigration law can affect compliance requirements.
2. Leverage Digital Tools: Use the Home Office’s online services and IDSPs.
3. Train HR Teams: Ensure your HR staff understands the right-to-work process.

Conclusion

The right-to-work share code is a vital tool in today’s UK employment landscape. Whether you’re an individual proving your eligibility or an employer verifying it, understanding and using the share code system ensures compliance with legal requirements and facilitates smoother hiring processes.

By staying informed and adhering to best practices, you can confidently navigate the complexities of UK employment regulations.