Comprehensive Guide to Right to Work Share Codes in the UK

Comprehensive Guide to Right to Work Share Codes in the UK

Introduction

In the wake of Brexit, the UK has become an attractive destination for global talent, thanks to its technological advancements and favorable tax incentives. Understanding the right to work share code is crucial for employers and non-UK nationals navigating the employment landscape. This guide provides detailed insights into obtaining and using share codes to verify the right to work in the UK.

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 government. This code, such as A12 345 67G, helps non-UK nationals prove their eligibility to work in the UK. Employers use this code to verify an individual’s right to work and the types of work they are permitted to perform.

Who Can Obtain a Share Code?

If you possess a biometric residence card, permit, or have a UK Visa and Immigration (UKVI) account, you can generate a share code. You might have a UKVI account if you:

• Applied to the EU Settlement Scheme (EUSS).
• Used the UK Immigration: ID Check app during a visa application process.
• Created an account while applying for a visa, confirmed by an email from UKVI.
• Obtained access to an eVisa, receiving an email about it.

How to Generate a Share Code

Individuals can generate a share code online, valid for 90 days, which can then be provided to their employer. Here’s how to do it:

1. Log into your gov.uk account using the ID from your visa application.
2. Receive a 6-digit code on your phone or email for verification.
3. View your immigration status and create a ‘share code’ once logged in.

Provide your employer with this share code and your date of birth as proof of your right to work.

Important Note

Share codes are specific to their purpose. Do not use a share code obtained for another purpose, such as proving your right to rent, to demonstrate your right to work.

What is a Biometric Residence Permit (BRP)?

A Biometric Residence Permit (BRP) is a physical card issued by the UK Home Office, confirming the holder’s identity, immigration status, and conditions of stay. It includes:

• Personal details like name, date, and place of birth.
• Biometric data such as fingerprints and a facial photograph.

BRPs indicate whether the holder can work, study, or access public funds in the UK. Although not required to be carried at all times, holders must present their BRP and passport when entering or leaving the UK.

What is Indefinite Leave to Remain (ILR)?

Indefinite Leave to Remain (ILR) or Permanent Residency allows foreign nationals to live and work in the UK without restrictions. To obtain ILR, it’s advisable to consult an immigration lawyer. ILR holders can prove their right to work using online share codes or specific documents such as a passport with a Home Office endorsement or an immigration status document.

Right to Work Legislation in the UK

The Immigration Act of 2014 mandates employers to verify the right to work of their employees. This can be done through:

• Manual inspection of identity documents.
• Online verification using the Home Office Online Service.
• Identity Document Validation Technology (IDVT) by certified providers.

Employers failing to conduct these checks face civil penalties up to £60,000 per unauthorised worker. However, conducting the right checks provides a « statutory excuse » against liability, as per the Immigration (Restrictions on Employment) Order of 2007.

Conclusion

Understanding and properly utilizing right to work share codes is essential for both employers and employees in the UK. This guide aims to simplify the process, ensuring compliance with legal requirements and fostering a smooth hiring process for offshore talent.

Note: This article offers general guidance and should not replace professional legal advice.

Image by Adam Derewecki from Pixabay