How to Prove Your Right to Work in the UK

In the United Kingdom, employers are legally required to verify that every employee has the right to work before employment begins. This requirement forms part of immigration compliance law and applies to both UK nationals and non-UK nationals. Failure to carry out correct checks can result in civil penalties for employers and serious compliance consequences.

Proving the right to work means demonstrating that an individual is legally permitted to carry out employment in the UK under immigration law. This is usually done through digital immigration records (eVisa), share codes, or specific official documents depending on nationality and immigration status.

This article explains how right to work checks operate, what documents or systems are used, and how individuals can provide lawful proof of their employment eligibility.

What the Right to Work Means

The right to work refers to a person's legal entitlement to undertake employment in the UK. This right is determined by:

• British citizenship
• Irish citizenship (under separate arrangements)
• Settled or pre-settled status under the EU Settlement Scheme
• Valid visa or immigration permission granted by the Home Office
• Other forms of lawful residence or exemption

The legal framework for right to work checks is enforced under the Immigration, Asylum and Nationality Act 2006 and associated Home Office guidance.

Employers must carry out checks before employment begins and retain evidence to establish a statutory excuse against liability for civil penalties.

Who Must Prove Their Right to Work

All job applicants must prove their right to work, including:

• British and Irish citizens
• EU, EEA, and Swiss nationals
• Non-UK nationals with visas or immigration status
• Students or workers with time-limited permission
• Individuals with digital immigration status (eVisa holders)

No individual can be employed without verification of lawful working status.

How Right to Work Is Proven

There are three main methods used in the UK system:

1. Digital right to work checks (eVisa holders)

Most non-UK nationals now prove their right to work using a digital immigration status (eVisa).

This involves:

• Accessing a UK Visas and Immigration (UKVI) account
• Generating a share code using the “View and Prove” service
• Providing the code and date of birth to the employer
• Employer checking status online via the Home Office system

The share code is typically valid for 90 days and is specific to the purpose of work verification.

2. Manual document checks (limited cases)

Some individuals still prove their right to work using physical documents, including:

• British or Irish passports
• Biometric Residence Permits (in limited transitional cases)
• Frontier Worker Permits
• Other Home Office-issued immigration documents

Employers must physically inspect original documents and make copies in accordance with Home Office guidance.

3. Employer Checking Service (ECS)

If an individual cannot provide documents or a share code, the employer may contact the Home Office Employer Checking Service.

This is used when:

• Immigration status is under review
• An application is pending
• There are delays or technical issues with digital status access

The Home Office issues a Positive Verification Notice where appropriate, confirming the right to work for a limited period.

Step-by-Step: How to Prove Your Right to Work Using a Share Code

Step 1: Access your UKVI account

Individuals with digital immigration status must log in to their UKVI account. This requires:

• Registered email address or phone number
• Identity verification details
• Passport or identity document information

Step 2: Go to “View and Prove your immigration status”

Within the account, select the service used to generate proof of status.

This section allows users to:

• Confirm right to work
• Generate a share code
• View immigration status details

Step 3: Generate a share code

A share code is created for the specific purpose of employment checks.

The process involves:

• Selecting “prove your right to work”
• Confirming personal details
• Generating a unique alphanumeric code

The code is time-limited and must be used within its validity period.

Step 4: Provide code to employer

The individual must give:

• The share code
• Date of birth

The employer then uses the official Home Office online checking service to verify status.

Step 5: Employer completes check

The employer receives confirmation of:

• Right to work status
• Any employment restrictions (for example, hours limits)
• Expiry of permission (if applicable)

The employer must retain evidence of the check for compliance purposes.

What Employers Are Legally Required to Do

Employers must:

• Conduct right to work checks before employment begins
• Verify documents or digital status through official systems
• Ensure checks are non-discriminatory
• Repeat checks where immigration status is time-limited
• Retain records to establish a statutory excuse

Failure to comply can result in civil penalties of up to £60,000 per illegal worker in serious cases.

Common Issues When Proving Right to Work

1. Incorrect UKVI account details

Mismatched identity details can prevent share codes from being generated.

2. Expired immigration permission

If permission has expired, the system may not confirm right to work.

3. System delays or technical issues

Digital records may not update immediately after visa decisions or status changes.

4. Name or passport changes not updated

Discrepancies between documents and UKVI records can cause verification failure.

Rights Linked to Right to Work Checks

A valid right to work allows individuals to:

• Enter lawful employment in the UK
• Access contractual employment protections
• Be considered for workplace rights under employment law
• Avoid unlawful working penalties

It does not, by itself, determine immigration status; it is a consequence of it.

Illegal Working and Legal Risks

Working without a valid right to work can lead to:

• Employer civil penalties
• Employment termination
• Immigration enforcement action
• Restrictions on future visa applications in serious cases

Employers may also face criminal liability if they knowingly employ individuals without permission.

Practical Guidance for Individuals

To avoid issues when proving right to work:

• Keep UKVI account details up to date
• Ensure passport details match immigration records
• Generate share codes only when required
• Check immigration status before job applications
• Resolve discrepancies with UKVI promptly

Key Takeaways

Proving the right to work in the UK involves demonstrating lawful permission to undertake employment, usually through a digital share code linked to a UKVI account. Employers are required to verify this status using official Home Office systems. In some cases, physical documents or the Employer Checking Service may still be used. Accurate immigration records and up-to-date UKVI accounts are essential to ensure smooth employment verification and compliance with UK immigration law.