Unlock job opportunities – know your rights and prove your eligibility to work with confidence.

When looking for a job, employers may ask to see proof that you are allowed to work in the country. Having the right to work is a legal requirement for employment, and being able to prove this to an employer is essential. Also, by understanding the different documents that can be used and how to obtain them, you can feel confident in your ability to provide your employer with the necessary proof of your eligibility to work. However, demonstrating that you are authorized to work in a particular country is crucial for both employers and employees.

What Is a Share Code?

A share code is a personal identifier that proves a worker’s immigration status. 

In practice, an eligible worker will give all their documents and identifying information to the UK government, and their potential workplace can verify the eligibility of employment by checking this share code.

Share codes  also show employers what type of work an employee is eligible for and for how long. This is a great benefit to both employees and employers since a share code is an easy way to instantly verify someone’s immigration status without having to go through a lengthy bureaucratic process.

Get a share code

You can get a share code here: Prove your right to work to an employer: get a share code – GOV.UK (www.gov.uk)

In proving your right to work you will need to share details of your right to work in the UK, including:

• the types of job you’re allowed to do
• how long you can work in the UK for

You’ll need one of the following:

• your biometric residence permit number
• your biometric residence card number
• your passport or national identity card

Once a potential employee has generated their share code, all they will need is their date of birth and the share code number to prove their right to work in the UK. This allows HR to avoid unnecessary paperwork to verify employment eligibility, as this part has already been completed by the government. 

It is important to check share codes quickly, as they expire after 30 days. This is due to the fact that the government needs to reverify the applicant’s work eligibility after a short period of time. 

Complete right to work documentation

When proving your right to work, you need to provide a valid document that can be verified by your employer. Depending on your situation, the document may vary. Here are some of the documents you may be asked to provide when proving your right to work:

1. Passport: If you are an EEA or Swiss national, you can prove your right to work with a valid passport.
2. Permanent Residence Card: If you are a citizen of an EEA country, you can use this card to prove your right to work in the UK.
3. Birth Certificate: If you were born in the UK or have lived here for more than five years, you may use your birth certificate as proof of your right to work.
4. Home Office Document: This document is issued by the Home Office and can be used to prove your right to work in the UK.
5. Biometric Residence Permit (BRP): A BRP card is issued by the Home Office to citizens from non-EEA countries and can be used as proof of your right to work in the UK.
6. Certificate of Sponsorship: This document is issued by your employer and is evidence that they have sponsored you to work in the UK.
7. National Insurance Number: This number is issued by the Department of Work and Pensions and is used to prove your eligibility to work in the UK.

It is important to remember that you must provide proof of your right to work in the UK before you start a job. Your employer will not be able to legally hire you without having seen the relevant documents first.

 

Proof of eligibility to work in the U.K.

Employers are obligated to undertake regular checks to verify a person’s right to work in the UK.

When a potential employee applies for a job, they must prove their right to work by providing certain documents which demonstrate their eligibility. The most common document is the passport. A valid passport with an endorsement to show that you are allowed to stay and work in the UK is usually sufficient proof of your right to work.

For those who are from EU/EEA countries, they will need to provide a National Insurance Number or registration certificate issued by the Home Office as evidence of their right to work in the UK. Non-EU/EEA nationals need to provide a valid visa or work permit.

The employer may also ask for additional documents such as bank statements, payslips, and birth certificates. In addition, employers may request that the applicant provide a copy of their residency permit (if applicable). This is done in order to confirm that the applicant is eligible to remain in the UK for the duration of their employment.

It is important to note that documents used as proof of right to work must be up-to-date and must be valid during the period of employment. If an employer discovers that any documents presented are out-of-date, they may contact the Home Office and request an updated version.

Documents which show ongoing right to work in the UK

There are a few documents which can be used to prove an ongoing right to work in the UK. The most common documents are:

1. A valid UK passport – This is proof that you have the right to work and live in the UK, as long as the passport is valid.
2. A valid residence card or permit issued by the Home Office – This is a document which confirms that you have permission to stay in the UK for a specific length of time.
3. A valid Biometric Residence Permit (BRP) – This is a plastic card issued by the Home Office which holds your personal details, including your right to work in the UK.
4. An EU identity card or travel document – If you are an EU citizen, you will need to show your valid identity card or travel document to prove that you have the right to work in the UK.
5. A letter from a sponsoring employer – If you have been sponsored by an employer for a specific job in the UK, they will need to provide you with a letter confirming your right to work in the UK.
   It is important to make sure that all of these documents are up to date and valid before applying for a job or submitting any paperwork.

CGM is a corporate immigration application for expats, sponsoring companies and business immigration advisors. Feel free to contact us on 0300 000 000 or send us an email if you have any questions. 

Illegal working

Not having the right to work in the UK can have serious consequences for both employers and employees. Employers who are found to be hiring illegal workers face hefty fines and could even face jail time. This applies to employees as well, as those who are found to be working without the proper documentation can be subject to deportation and other legal repercussions.

All employers must check that they are employing people who have the right to work before they start a job. Employers can be held accountable if they do not complete proper checks and can face significant fines or even imprisonment if they are found to be employing someone illegally.

It is important for employers to be aware of the signs of illegal working and be able to recognize when someone is working without the correct documentation.

Signs that an employee may be working without the correct documentation include: not having the correct paperwork (such as a passport, visa, or national insurance number); not providing the required details on a job application form; changing their name or date of birth during the recruitment process; giving false details or refusing to answer questions about their eligibility to work; working long hours; and using false documents.

If an employer suspects that one of their employees is working illegally, they should contact the Home Office Employer Checking Service who will help to verify their documents. Employers should also ensure that they keep records of all right to work checks that they have conducted, as this will help protect them from any allegations of illegal working.

Maintaining the Right to Work

Having the right to work in a country is not something that lasts forever. It is important for both the employer and the employee to stay up-to-date on any changes in their right to work status. This means employers must remain vigilant about regularly checking the documents employees present, as well as any changes in laws or regulations regarding who has the right to work in the country.

Employees should also be aware of any changes in their right to work status and should be proactive in providing updated documents if their eligibility to work in a country changes. When employees enter the UK with a visa or other documentation, they are responsible for ensuring that they have all the correct documents and that their visa is valid.

The employer is responsible for ensuring that all employees have the right to work, as well as keeping copies of documents proving this right. All employers should carry out regular checks on their workforce to ensure that everyone has valid right to work documents. Failure to do this can result in hefty fines or even imprisonment for the employer.

Employers must also keep an eye out for any changes in legislation or regulations that could affect the right to work status of their employees. If the laws change, employers should act quickly to update their records and make sure all employees have the necessary documents in order to continue working legally.

Keeping the documentation up to date

It is important for both employers and employees to understand the importance of keeping right to work documentation up to date. All right to work documents should be kept on file by the employer and should be reviewed regularly. Any changes in the employee’s right to work status should be reported to the employer as soon as possible.

The employer is required to keep records of all right to work checks they have conducted. These records must include the date the check was made, the type of check carried out, the name of the person checked and the documents used to prove right to work status. The employer should also retain copies of all relevant documents.

Employees should also be aware of their responsibilities when it comes to updating their documentation. They must provide any new or updated information regarding their right to work status to the employer in a timely manner. This includes informing the employer if their visa has expired or if they have acquired a new work permit. Failure to do so can result in civil or criminal penalties for the employee.

By staying up to date on all relevant documentation, both employers and employees can ensure that their right to work remains valid. This will not only protect the employee from legal issues but also ensure that employers are abiding by the law.

Understanding the responsibilities of the employee and the employer

As an employee, it is your responsibility to prove that you are eligible to work in the UK. This means that you need to provide the necessary documentation proving your right to work, such as a passport or national identity card. It is also your responsibility to ensure that any documents you provide are valid and up-to-date.

As an employer, it is your responsibility to ensure that all staff have the right to work in the UK. You must undertake right to work checks on each employee before they start work and update these checks every 12 months. This involves checking the original documents provided by the employee and recording the details on their file. You may also need to check any changes in the employee’s circumstances, such as if they have been granted leave to remain in the UK.

It is important to understand the requirements of the right to work document and how to carry out a right to work check. If you do not comply with the rules then you may be subject to civil penalties or criminal sanctions. Therefore, it is essential that you understand the responsibilities of both the employee and the employer when it comes to proving the right to work.

CGM is a corporate immigration application for expats, sponsoring companies and business immigration advisors. Feel free to contact us on 0300 000 000 or send us an email if you have any questions. 

What to do if the right to work is questioned

If an employer is uncertain about whether you have the right to work, they can question it. The best way to avoid this happening is to provide the correct documentation upfront to prove your right to work. However, if it does arise, you should take certain steps in order to prove your eligibility.

First and foremost, you should remain calm and cooperative. Your employer will be asking for proof that you have the right to work, and this should not be taken as a sign of accusation. Instead, it should be taken as an opportunity to provide evidence that you are legally allowed to work in the UK.

You should make sure that you provide documents that show that you have the right to work, such as a passport, identity card or residence permit. You should also make sure that the documents are up-to-date and valid. If you have an employer-sponsored visa, then you should provide your employer with the appropriate documentation to prove that it is still valid.

It is important that you respond quickly and accurately to any questions regarding your right to work. If you do not have the necessary documents to prove your right to work, or if you do not understand what is being asked of you, you should get advice from an immigration lawyer.

Finally, if there is any doubt about your right to work, it is best to take steps to resolve this quickly. This may involve providing additional information or reapplying for the correct visa. The sooner you resolve any issues regarding your right to work, the better.

Conclusion

When it comes to proving your right to work, it is essential that you have all the necessary documents in order and up to date. It is your responsibility as an employee to provide evidence of your eligibility to work in the U.K., and it is the employer’s responsibility to carry out checks and make sure the employee is legally allowed to work. Failure to do so can lead to serious consequences for both parties. Understanding the process and being prepared with the correct documentation will help ensure that both the employer and employee meet their legal obligations. By following these guidelines, you can be assured that you are providing evidence of your right to work in the U.K.

How we can help?

CGM App is an end-to-end immigration app, designed to make the immigration and global mobility process more seamless and compliant; specifically for expats, sponsoring companies, and immigration consultants globally.

Visit cgmpartners.org.uk/register for more information.

 

Frequently asked questions

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