Right to work checks in the UK look simple on paper. In practice, they're a multi-pathway verification system with different mechanics depending on the worker's immigration status, and the stakes for getting them wrong are now up to £60,000 per illegal worker.
This post covers the digital checking route — share codes, the UKVI online service, and how to build a compliant expiry-tracking system into your HR workflow.
Two Tracks, One Legal Obligation
Every UK employer must verify the right to work before employment starts. How you do that depends on the worker's status:
| Worker Type | Check Method |
|---|---|
| British or Irish citizen | Physical document check (passport, birth cert + NI, etc.) |
| EU/EEA national with settled/pre-settled status | Share code via UKVI online checker |
| Non-EEA national with BRP/BRC | Share code via UKVI online checker |
| Pending application (in-time extension) | Employer Checking Service → PVN |
| British/Irish via IDVT provider | Certified Identity Document Validation Technology service |
Using the wrong track voids your statutory excuse. If you use a share code check for a British passport holder, for example, that doesn't satisfy the legal requirement — you need the physical document.
The Share Code Flow
For anyone with digital immigration status (EU Settlement Scheme, Skilled Worker visa, BRP holder, etc.), the process is:
Worker → UKVI Portal → Generates share code (9-char, 90-day validity)
↓
Employer → gov.uk/view-right-to-work → Enter share code + DOB
↓
Result: Status, conditions, expiry date (if any)
↓
Employer → Save/screenshot result → Store on file
The returned status page shows:
RIGHT TO WORK: Yes / No- Permission type (e.g. "Leave to remain as a skilled worker")
- Conditions (e.g. "Employer: ABC Ltd" or "Restricted hours")
- Expiry date, or "No time limit" for settled status
Critical detail: the share code expires after 90 days. If the employee generates a code but doesn't share it with you immediately, it may expire before you conduct the check. You'll need a new one.
Expiry Date Logic — Where HR Systems Usually Break
When the check returns an expiry date, you have a statutory excuse only until that date. This is the most common compliance failure:
Day 0: New hire, share code check done → expiry = Day +270 → ✅ statutory excuse established
Day 271: Visa expired, employee renewed (unknown to HR) → ❌ no follow-up check, no statutory excuse
To build compliant expiry tracking:
Step 1 — Record the expiry date at point of check
Every onboarding form or HR system should capture the right-to-work expiry date as a structured field (not buried in a PDF attachment).
# Example data model
{
"employee_id": "emp_123",
"rtw_check_date": "2026-06-17",
"rtw_method": "share_code_online",
"share_code_used": "W7X-BM2-N4K", # retain reference, not the code itself
"status_result": "right_to_work_confirmed",
"expiry_date": "2027-03-15", # null if no time limit
"follow_up_required": True,
"follow_up_due": "2027-02-15" # 28 days before expiry
}
Step 2 — Trigger alerts before expiry
Set follow-up alerts at 28 days before expiry, not on expiry. This gives time to conduct the follow-up check and, if the employee has already renewed, obtain their new share code and update records.
Step 3 — Re-check and re-record
The follow-up check is a full check — new share code, new result, new saved record. The original check record doesn't get overwritten; you keep both, forming a chain of evidence.
The Employer Checking Service Path
When an employee has an in-time pending immigration application (they applied to extend before their visa expired), the online share code checker may not show confirmed status. In this case:
- Go to:
gov.uk/employee-immigration-employment-status - Request a Positive Verification Notice (PVN) directly from the Home Office
- A PVN establishes statutory excuse for 6 months
- After 6 months, you must conduct another check
The PVN route is time-limited and manual. If your HR system doesn't track PVN issue dates and expiry separately from share code check expiry, you'll miss the 6-month window.
What the Civil Penalty Regime Looks Like in 2026
The Home Office publishes civil penalty recipients quarterly. Current penalty levels:
| Scenario | Max Penalty |
|---|---|
| First offence, no statutory excuse | £45,000 per worker |
| First offence, poor process (partial evidence) | £15,000–£30,000 |
| Repeat/systematic non-compliance | £60,000 per worker |
| Criminal prosecution (knowingly employed) | Unlimited fine + 5yr custodial |
Statutory excuse reduces the civil penalty liability to zero in most cases. The check doesn't have to be perfect — it has to have been conducted in good faith with the correct method, with the result retained.
Common Integration Points for HR/Engineering Teams
If you're building right-to-work compliance into an HRIS or onboarding system:
- Onboarding workflow gate: don't allow employment start date to be set without RTW check completion
- Expiry tracking table: separate from visa expiry tracking — an employee's visa and their RTW check expiry should both be tracked
- Reminder system: 28-day pre-expiry alert to HR manager + employee (so employee can generate new share code in advance)
- Audit log: immutable records of each check (date, method, result, document reference), not editable post-creation
- Document storage: encrypt at rest, access-logged, retained for employment + 2 years
The UKVI online service doesn't offer an API for automated checks — each check requires a human to log in and enter credentials. You can automate the reminder and workflow side, but the actual check remains a manual step.
For checking whether a UK employer holds a sponsor licence, looking up visa requirements, or understanding the current right to work rules, ImmigrationGPT is an AI assistant built on official GOV.UK sources.
This is technical reference content for HR and engineering teams. It does not constitute legal advice. UK immigration rules are subject to change — verify against current Home Office guidance before implementing compliance workflows.
Top comments (0)