Anyone who works in the UK must be able to prove they have the legal right to do so. This requirement applies to British citizens, those with settled status and people on work or family visas. Employers are legally obliged to check every employee’s right to work before they start a job, and failure to do so can result in fines or even prosecution.
Understanding how to prove your right to work is therefore essential if you are starting a new job or switching employers.
Who needs to prove their right to work?
Everyone employed in the UK must provide evidence of their right to work, regardless of nationality. British and Irish citizens can usually rely on their passport, while non-UK nationals must show immigration documents, status updates or share codes. Employers must check this evidence in line with Home Office guidance to avoid penalties.
What documents can be used?
Traditionally, right to work checks involved physical documents such as passports, biometric residence permits or immigration status papers. Today, many of these checks are completed online using the Home Office’s digital system. For example, individuals with visas under the Skilled Worker route or settled/pre-settled status under the EU Settlement Scheme can provide a share code, which the employer uses to verify their status online.
British and Irish citizens who only have paper documents can still present their original passport or birth certificate alongside proof of National Insurance. Employers must take and retain a copy of whatever evidence is provided.
Online right to work checks
The Home Office now provides an online service that many employers use to confirm a person’s immigration status. This is particularly common for people with digital-only status, such as those granted leave under the EU Settlement Scheme or Skilled Worker visas.
To use this system, the employee generates a share code on the government website and gives it to the employer. The employer then enters the code along with the person’s date of birth to view their right to work status. This process is secure and prevents the need to handle sensitive physical documents.
Temporary and restricted rights
Some people have a temporary right to work that expires at a certain date, such as those on time-limited visas. Employers must diarise these expiry dates and carry out follow-up checks to ensure continued compliance. Others may have restrictions, such as limits on the type of work they can do or the number of hours they can work each week.
What this means for employees
If you are starting work in the UK, proving your right to work is a vital first step. Having the correct documents ready will make the process smoother and prevent delays with your employment. For non-UK nationals, understanding the share code system is especially important.
At Osbourne Pinner’s immigration solicitors can advise on your immigration status and help you secure or extend your right to work in the UK. We also support employers in carrying out compliant checks to avoid penalties. Whether you’re an employee or employer, you can benefit from a free 30-minute consultation with our team.
Call 0203 983 5080, email [email protected] or use the form below to book yours. You can come to our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester – or talk to us remotely on a video call.
