In the realm of UK’s regulations aimed at preventing illegal working, employers must follow the prescribed procedure of conducting right-to-work assessments for all personnel. This includes utilizing share codes, which facilitate access to the online right-to-work verification service, streamlining the process for individuals with time-limited UK residency rights.
Understanding Right-to-Work Check Share Codes:
A right to work check share code is an alphanumeric code provided by certain employees for subsequent reviews. This code allows employers to access the individual’s online record within the right-to-work verification service operated by the Home Office. This platform empowers international citizens to digitally access their immigration status and provide employers with a share code as evidence of their eligibility to work in the UK.
Employers can quickly verify a candidate’s UK work rights by tapping into real-time data from the Home Office systems, including the scope and duration of permissible employment activities. This ensures that individuals have the necessary authorization to work in the UK.
Who Can Obtain a Share Code?
The most straightforward way to conduct a right-to-work check is by requesting a share code from potential or current employees. However, this method is applicable to migrant workers with specific statuses, such as those benefiting from the EU Settlement Scheme or individuals with digital immigration status (e.g., E-visa holders, Biometric Residence Permit holders, etc.).
How to Conduct Right-to-Work Checks Using Share Codes:
Upon receiving authorization from an employee and a valid share code, employers can follow these steps:
1. Navigate to the Home Office’s right-to-work checking service on GOV.UK.
2. Access the ‘View a job applicant’s right to work details’ section.
3. Enter the 9-character alphanumeric code along with the individual’s birthdate.
4. Validate that the online photograph matches the individual.
If the individual possesses the requisite right to work, the employer can proceed with employment.
Record-Keeping Requirements:
After completing the online right-to-work check, employers must maintain evidence of the assessment, either in digital or hard copy. This includes the profile page of the employee, containing their photograph and the date of the check. The employer is obligated to retain this evidence for the duration of the individual’s employment and an additional two years.
Alternative Methods of Conducting Right-to-Work Checks:
While the share code checker is one method, other options include:
1. Manual Document-Based Check: Physically reviewing and verifying the authenticity of the employee’s documents.
2. Employer Checking Service (ECS): Submitting the employee’s details for electronic validation by the Home Office.
3. Digital Right-to-Work Check: Utilizing identity document validation technology for British and Irish citizens with a valid passport.
Penalties for Non-Compliance:
Failing to conduct the prescribed right-to-work checks can lead to significant repercussions, including civil penalties of £20,000 per worker. Knowingly employing individuals without proper UK work permissions may result in prosecution, imprisonment of up to 5 years, an unlimited fine, or both. Consequences also include the potential loss of a sponsor license, the dismissal of authorized migrant employees, and harm to the employer’s reputation.
In conclusion, a thorough understanding and adherence to the UK’s share code right-to-work regulations, utilizing share codes and other validation methods, are essential for employers to prevent illegal working and ensure compliance.