Right to Work in the UK: Checks, Share Codes and Documents

Who Has the Right to Work?

The right to work in the UK depends on your immigration status:

• British citizens: Unrestricted right to work.
• Irish citizens: Unrestricted right to work under the Common Travel Area.
• Settled status or indefinite leave to remain: Unrestricted right to work, proved with a share code from the UKVI account holding the eVisa.
• Work visa holders: Skilled Worker, Graduate route, Global Talent, and other work visas permit employment with conditions.
• Spouse/partner visa holders: Spouse visas generally allow work without restriction.
• Student visa holders: Student visas permit a limited number of hours, which depends on the course level and on whether it is term time. The online check result states the limit that applies, and the employer’s guide also requires evidence of the person’s term and vacation dates.

The Three Checking Methods

1. Online Check

The Home Office online checking service is used for anyone whose status is held digitally, which since the end of 2024 is almost everyone who is not a British or Irish citizen. The person generates a share code from their UKVI account and gives it to the employer with their date of birth. The code is valid for 90 calendar days and can be used as many times as needed in that period.

Employers use View a job applicant’s right to work details; the person themselves uses Prove your right to work to an employer to get the code.

2. Manual Document Check

GOV.UK states: “You can no longer accept biometric residence cards or permits. Ask the applicant for a share code instead.” A manual check now rests on the documents that remain on the Home Office lists — chiefly a British or Irish passport, current or expired. Where a manual check is the right one, the employer must:

1. Obtain original documents from the employee.
2. Check documents in the employee's presence.
3. Verify they are genuine, belong to the person, and allow the work offered.
4. Make and retain clear copies.
5. Record the date of the check.

3. Identity Service Provider Check

For British and Irish citizens with a valid passport, a certified identity service provider can do the check digitally, using Identity Document Validation Technology. The employer still has to keep the provider’s output, and remains responsible for the check.

Timing

The check must be completed before the employee starts work. A retrospective check (conducted after work has begun) does not establish a statutory excuse and leaves the employer exposed to civil penalties.

Where permission is time-limited, a follow-up check is due before that permission expires. The date the check falls due is on the result of the first one.

For Employees: Proving Your Right to Work

One of the following:

• A British or Irish passport, current or expired. An expired British passport is accepted for this purpose
• A share code from your UKVI account, generated at Prove your right to work to an employer, together with your date of birth
• Another combination from the Home Office lists — for example a birth certificate with an official document showing your National Insurance number

A biometric residence permit or card is not one of them, whether or not it has expired. The employer’s guide is explicit: “A manual check of an original, expired BRP is not acceptable proof of right to work in the UK.”

If you have a pending visa application and are covered by Section 3C leave, your employer can use the Employer Checking Service to verify your right to work.

Follow-Up Checks

If an employee has time-limited right to work, the employer must check again before the permission expires. If the employee has applied to extend their visa:

• Check whether they are covered by Section 3C leave.
• Use the Employer Checking Service to obtain a Positive Verification Notice.
• A Positive Verification Notice gives a statutory excuse for 6 months from the date on it, so the check is repeated every 6 months while the application is outstanding.

Discrimination

Employers must check all employees equally, regardless of nationality, appearance, or accent. Checking only certain groups is discriminatory and illegal under the Equality Act 2010. The same process must be applied to every new hire.

Record Keeping

The employer’s guide says to “keep the copies securely for the duration of the person’s employment and for a further two years after they stop working for you”. Records should include:

• Clear copies of all documents checked (or screenshots of online check results)
• The date each check was conducted
• For online checks, the profile page showing the employee's photo and right-to-work details

Next Steps

The full rules are in the employer’s guide to right to work checks, which is the document the Home Office applies when deciding whether a statutory excuse exists. A check made without one exposes the employer to a civil penalty of up to £60,000 per worker.

Related guides:

• Right-to-Work Check Penalties
• Preventing Illegal Working
• Right-to-Work Check Guide
• eVisa UK Guide
• Employment Rights for Visa Holders

Questions and answers