Right to work in UK simply means having legal permission to work under UK immigration law. Your right to work in the UK depends on your immigration status, visa conditions, or citizenship, and employers must complete a right to work check before employment begins.
You can now prove your right to work using a digital immigration status (eVisa) and a share code right to work through the Home Office online service. Understanding these requirements helps you secure employment, remain compliant with the latest right-to-work law, and avoid unnecessary delays or legal issues.
Different immigration routes provide different permissions, with some allowing unrestricted employment while others include specific conditions. Employers are legally required to verify every worker’s eligibility before employment starts, making it important to understand the documents and digital services used to confirm your status.
If you are asking yourself, do i have the right to work in the uk, seeking professional legal guidance can help you understand your options and remain compliant with current UK immigration rules.
What is Right to Work in the UK?
The right to work in the UK is determined by an individual’s immigration status and is a crucial factor for those seeking employment. Employers must verify a candidate’s eligibility before offering them a job to ensure full compliance with UK employment laws. This process helps prevent illegal working and protects both businesses and workers from potential legal consequences.
One of the key steps in verification involves checking acceptable documents or using the UK Government’s online service. Most migrants now prove right to work through their digital immigration status (eVisa) by generating a share code from their UKVI account.
Many visa holders, including Skilled Worker, Student and family visa holders with digital status, are required to provide a share code right to work when starting employment.
Employer Guidance for Right to Work Checks UK
This temporary code allows employers with sponsor licence to securely verify an individual’s immigration status online and complete a compliant right to work check.
Employers must treat all prospective employees equally during right to work checks to avoid discrimination. They must retain Right to Work check records for two years.
If any employer fails to verify a worker’s status, they can face significant penalties including fines and legal action. Understanding the right to work in the UK is essential for both employees and employers to avoid complications. Employers can use the Employer Checking Service for pending applications.
Work permissions vary depending on immigration status, with some visa routes requiring employer sponsorship while others provide an unrestricted right to work in the UK. If a person’s work rights change, they must inform their employer so that employment records remain accurate and compliant with current immigration requirements.
Who Needs Proof of the Right to Work in the UK?
Anyone who is not a British or Irish citizen must provide proof of their right to work in the UK before starting employment. This requirement applies to a wide range of individuals, including:
- EU, EEA, and Swiss nationals who are subject to post-Brexit immigration rules.
- Skilled workers and temporary employees arriving from non-EU countries.
- International students who have work permissions under their visa conditions.
- Individuals holding spousal, partner, or family visas with work authorisation.
- Asylum seekers and refugees granted permission to work by the Home Office.
Proof of right to work in the UK is a legal requirement for employers to prevent illegal working and comply with UK immigration laws. Failure to carry out a compliant right to work check can result in significant civil penalties, criminal sanctions in serious cases, and loss of a statutory excuse against liability for illegal working.
How to Prove Your Right to Work in the UK
Migrants must present valid documentation to confirm their work permit in the UK before securing employment. The required documents include:
- A digital immigration status (eVisa) accessed through your UKVI account.
- A valid share code right to work generated through the Home Office online service.
- A valid British or Irish passport or other acceptable identity document where applicable.
- Other documents accepted under current Home Office guidance for specific immigration categories.
Employers can verify an individual’s UK right to work using the Home Office online checking service after receiving a valid share code. Where an online check cannot be completed, employers may use the Employer Checking Service in eligible circumstances. Following the correct verification process helps both employers and employees comply with current right-to-work law.
Understanding the Share Code Right to Work
The share code allows eligible migrants to securely prove their right to work using their digital immigration status (eVisa). Rather than presenting physical immigration documents, individuals can generate a temporary share code through their UKVI account, enabling employers to securely check someone’s right to work using the official Home Office online service.
Steps to Obtain a UK Right to Work Share Code
If you need to prove your right to work in the UK, you can generate a share code through the official government website. The process is straightforward and involves the following steps:
- Visit the gov.uk right to work portal.
- Log in using details from your Biometric Residence Permit (BRP), visa, or settlement status.
- Follow the prompts to generate a unique UK right to work share code.
- Provide the generated share code to your employer, who will use it to verify your eligibility.
This system eliminates the need for physical documents, making the verification process faster and more convenient for both employers and employees.
Work Restrictions for Migrants in the UK
Although many migrants have the right to work in the UK, some visa categories impose specific restrictions. It is essential to understand these limitations to avoid breaching visa conditions. Common restrictions include:
- Student visas – Work is limited to 20 hours per week during term time, with full-time work permitted during holidays.
- Skilled Worker visas – Holders are permitted to work in the job and for the employer named on their Certificate of Sponsorship. They may also undertake supplementary employment where permitted under the Immigration Rules, provided all relevant conditions are met.
- Family visas – Generally allow employment, but some restrictions may apply depending on the visa type.
- Asylum seekers – Usually not permitted to work unless given special permission under specific circumstances.
To ensure compliance, migrants should regularly check the conditions attached to their immigration permission through their UKVI account or GOV.UK guidance. If you are unsure about your permission to work or need to prove your right to work, seeking professional legal advice can help you remain compliant with current UK immigration rules.
Employer Responsibilities and Compliance with Right to Work Laws
UK employers have a legal duty to ensure that all workers they hire have the right to work in the UK to maintain immigration law compliance. This immigration and employment law prevents illegal working and protects both employees and businesses.
Employers must follow strict government guidelines to verify a worker’s legal status, ensuring they meet all compliance requirements.
Failure to do so can result in severe financial penalties, reputational damage, and even prosecution. To remain compliant, employers should familiarise themselves with the latest government regulations and take a proactive approach to right-to-work verification.
Key Employer Obligations Under Right to Work Laws
To ensure compliance, businesses must adhere to the gov.uk right to work guidelines, which outline specific procedures for verifying an employee’s immigration status. These responsibilities include:
- Conducting right to work checks – Employers must complete a right to work check before employment begins. Depending on the worker’s immigration status, this may involve checking acceptable identity documents or using the Home Office online service to verify digital immigration status (eVisa).
- Using the share code right to work service – Individuals with digital immigration status can generate a share code through their UKVI account, allowing employers to securely check someone’s right to work using the official Home Office online service.
- Keeping records of all checks – Employers must retain evidence of right-to-work checks, such as copies of documents or confirmation of online verification. These records must be stored securely and maintained for the duration of employment and beyond.
- Dealing with suspected fraudulent documents – If an employer cannot establish a valid right to work or reasonably believes documents are fraudulent, employment should not begin. Employers may also report suspected document fraud to the appropriate authorities where necessary.
By following these steps, businesses can ensure they only hire individuals with the right to work in the UK, thereby avoiding non-compliance risks.
Consequences of Failing to Meet Employer Obligations
Failing to comply with right to work in the UK regulations can result in severe consequences for businesses. Employers who fail to carry out the necessary checks or knowingly hire illegal workers may face:
- Substantial financial penalties – Businesses that fail to carry out compliant right to work checks may face civil penalties of up to £60,000 per illegal worker in serious or repeat cases, depending on the circumstances and Home Office enforcement action.
- Legal action and reputational damage – Repeated breaches of right-to-work laws can lead to legal proceedings, potential business restrictions, and loss of public trust.
- Possible imprisonment for serious offences – Employers who knowingly employ illegal workers may face prosecution, with potential prison sentences of up to five years.
To safeguard against these risks, employers should implement robust right-to-work law compliance procedures and ensure every right to work check is completed correctly. Where an online check cannot be completed, eligible employers can use the Employer Checking Service.
Following the correct process helps establish a statutory excuse against liability for illegal working.
Secure Your Future: Contact AXIS Solicitors Today!
Having the correct right to work documents is essential for securing employment and avoiding legal complications. UK Immigration and employment law requires all workers to provide valid proof of their work eligibility, and employers must conduct thorough checks to comply with government regulations.
Failure to present the necessary documents may result in job application rejections or even legal consequences for both employees and employers.
Understanding Your Work Eligibility
A person’s eligibility to work depends on their immigration status. British citizens, Irish citizens and many people with Indefinite Leave generally have unrestricted permission to work, while individuals with Settled Status, limited leave, Skilled Worker, Student or family visas must comply with the conditions attached to their immigration permission.
Most migrants now prove your right to work using a digital immigration status and a share code right to work, although some individuals may still rely on another eligible immigration document or an official letter where permitted under current Home Office guidance.
Legal Support for Work Visa and Immigration Issues
If you are unsure about your work rights, visa conditions, or facing difficulties with verification, seeking expert legal advice can be invaluable. AXIS Solicitors specialise in immigration and employment law, offering professional guidance tailored to your situation. Whether you need help obtaining a visa extension, appealing a rejected application, or ensuring compliance with UK employment laws, our team is ready to assist.
Secure Your Future in the UK with us
Contact AXIS Solicitors today to safeguard your employment rights and ensure a smooth transition into the UK workforce. Our dedicated legal experts will help you navigate complex immigration laws, giving you the confidence to build a stable future in the UK.
FAQs for Right of Work in the UK
1. What happens if I do not have proof of my right to work?
If you cannot prove your right to work, an employer cannot legally allow you to start working until your eligibility has been verified. Depending on your immigration status, you may need to provide a share code, an eligible immigration document, or another form of acceptable evidence recognised by the Home Office.
2. Can I change jobs if I am on a work visa?
Yes, but this depends on your visa conditions. Many sponsored workers must obtain permission before changing employment, and your new employer may need to sponsor your visa. Your new employer must complete a fresh right to work check before you start working.
3. How can I extend my right to work in the UK?
If your permission to work is time limited, you should apply to extend or change your immigration permission before your visa expires. Those who qualify for Indefinite Leave to Remain will normally have ongoing permission to work without visa renewal, subject to current immigration rules.
4. Do I need a right-to-work check if I am a British citizen?
Yes. Every employer must complete pre employment checks for all workers before employment begins. A British citizen, Commonwealth citizen with the appropriate status, or an Irish citizen can usually prove their eligibility using an acceptable passport, passport card, or another approved document. Employers must also meet their record keeping duties and comply with data protection requirements when retaining evidence of the check.
5. Where can I get legal advice on my right-to-work status?
If you are unsure whether you have the right to work in the UK, need help obtaining a share code, have Settled Status, Indefinite Leave, or another form of digital immigration status, an experienced immigration solicitor can advise you on your options and ensure you remain compliant with current Home Office requirements.
