Comprehensive Employee Guide to the Right to Work Share Code

Comprehensive Employee Guide to the Right to Work Share Code

Introduction

Welcome to the Employee Guide to the Right to Work Share Code. This guide provides comprehensive information and instructions on obtaining and using the right-to-work share code. Whether you’re a new employee navigating the process for the first time or seeking clarification on specific details, this guide is designed to provide you with everything you need to know about the share code system.

What Information Do You Need to Provide to Prove Your Right to Work?

When your immigration status, residency, or citizenship is questioned during employment applications, government benefit claims, or specific service requests, proving your ‘right to work’ becomes imperative. You will be required to prove your right to work with one of the following details:

• Biometric Residence Permit Number: A unique identifier assigned to individuals granted permission to reside in the country. It serves as evidence of your immigration status and right to work.
• Biometric Residence Card Number: Similar to the permit number, the biometric residence card contains crucial information about your immigration status and corroborates your right to work legally within the country.
• Passport or National Identity Card: These official documents validate your identity and citizenship status. They serve as primary forms of identification and are often required to confirm your eligibility to work.

By providing these documents, you establish your identity and immigration status, affirming your lawful right to engage in employment within the jurisdiction.

Get a Share Code to Prove Your Right to Work Online

If you are not a British or Irish citizen, you can get a right to work share code. An employer or employee can use the code to help determine:

• Types of jobs an individual is allowed to do in the UK.
• Length of time you can work in the UK.

What You Need to Prove Your Right to Work Depending on Your Immigration Status

British or Irish Citizen

Prove your right to work in the UK with a current or expired British or Irish passport or passport card. If you do not have any of these passports, you can use a UK birth or adoption certificate, an Irish birth or adoption certificate, or a certificate of registration or naturalisation as a British citizen. Additionally, provide an official letter or document from a previous employer or government agency containing your full name or national insurance number, such as a letter from HM Revenue and Customs (HMRC) or the Department for Work and Pensions (DWP).

Insight: If you have a passport or passport card, you can use an online identity service provider (IDSP) to verify your right to work. It’s worth asking your employer if they can facilitate access to such a service.

Non-British or Irish Citizen

If you are not a British or Irish citizen, you can verify your right to work using a share code or your immigration documents, such as:

• Passport with Home Office Endorsement: Present your current passport with a Home Office endorsement, such as a stamp or vignette (sticker).
• Immigration Status Document: If you lack a UKVI account and can’t obtain an endorsement in your passport, provide your immigration document. These documents are typically granted to refugees or individuals with humanitarian protection or discretionary leave.
• Application Registration Card: If awaiting an asylum application decision, use an application registration card that states “work permitted,” meaning the holder is allowed to work.

By providing any of these documents, you can establish your eligibility to work in the UK, offering flexibility to choose the option that aligns with your circumstances.

Note: You can select the option that suits you best, and your employer cannot reject your application solely because you presented an eligible immigration document instead of a share code.

EU Settlement Scheme Applicant

If you’re in the process of an EUSS application, you have two options to demonstrate your right to work:

• Apply for a Share Code: Obtain a share code through the appropriate channels to validate your employment eligibility.
• Utilise a Certificate of Application: If available, present a physical certificate of application issued by the Home Office to confirm your right to work.
• Verification Process: Provide your certificate to your employer, who will verify your immigration status with the Home Office accordingly.

Indefinite Leave to Enter or Remain

If you have indefinite leave to remain (ILR), the requirements for non-British or Irish citizens will apply. You can demonstrate your right to work in the UK with an online share code or specific immigration documents, such as a passport with a Home Office endorsement, an immigration status document, or an application registration card if awaiting an asylum application decision.

Commonwealth Citizen with Right of Abode

If you’re a Commonwealth citizen with the right of abode, you can prove your eligibility to work in the UK by presenting either a share code or specific immigration documents. Eligible immigration documents for this category include a passport with a Home Office endorsement, an immigration status document, or an application registration card if awaiting an asylum application decision.

Asylum Seeker

Generally, asylum seekers do not have the right to work in the UK. Check the remarks section of your application registration card (ARC) from the Home Office to determine if you have the right to work. If it says ‘Work permitted,’ you can work anywhere in the UK. If you’ve been waiting for more than 12 months for a decision on your asylum claim, you may be granted permission to work on jobs categorised as ‘Shortage Occupation List.’ If so, your ARC remarks section will have the acronym ‘SOL.’

Note: To verify your right to work as an asylum seeker, show your ARC or an appropriate letter from the Home Office.

Limited Leave to Remain

With limited leave to remain, you can confirm your right to work by presenting your share code or a current passport with the Home Office endorsement, which often comes as a stamp or vignette (sticker).

Uncertain Immigration Status

If you are uncertain about the type of leave you have, it is best to find an immigration adviser.

No National Insurance Number

If your employer requires a national insurance number (NINo) to demonstrate your right to work, apply online. You’ll need a passport, BRP, or a national identity card from an EU country, Norway, Liechtenstein, or Switzerland. Upload photos of yourself holding your passport and other identity documents to prove your identity. If you can’t upload photos, your application may take longer, and you might need to attend an appointment or post photocopies of your documents. After applying online, you’ll receive an email with your application reference number and instructions on further steps.

For assistance, contact the National Insurance number application helpline based on your location: England, Scotland, and Wales (0800 141 2079), Northern Ireland (0800 587 0024).

What to Do If the Home Office Has Made a Mistake

If you feel that the Home Office has made a mistake about your immigration status and is preventing you from accessing work, benefits, or services, you can ask them to check it. Fill out the request form and send it alongside supporting documents to initiate the process.