Share Code for Settled Status: Practical Guide

A share code for settled status is an online tool provided by the UK government that allows individuals with settled or pre-settled status under the EU Settlement Scheme to prove their right to work in the UK. Instead of presenting physical documents, individuals can generate a unique code through the Home Office online system, which employers can use to verify their immigration status quickly and securely.

It is important to stay informed about updates to the system and any changes to immigration rules that may affect verification procedures. Employers and individuals should follow the latest Home Office guidance to ensure compliance and avoid unnecessary issues when proving or verifying the right to work in the UK.

The following guide looks at the role of share codes when checking and proving EU settled status.

 

What is EU settled status?

 

Following the end of free movement between the UK and EU in 2020, with the exception of Irish citizens, all EEA and Swiss nationals must hold some form of valid immigration status to be able to work legally in the UK. EEA or Swiss nationals coming to the UK after 1 January 2021 in most cases now need a work visa under the UK’s new points-based immigration system.

However, where an EEA or Swiss national was resident in the UK prior to 31 December 2020, and they successfully applied under the EU Settlement Scheme (EUSS) prior to the 30 June 2021 deadline, they should hold either full settled or pre-settled status. This status provides the individual with the right to continue to live, work and study in the UK on an indefinite basis post-Brexit.

Settled status applies to EUSS applicants where that individual, at the time of application, had lived in the UK for a continuous period of 5 years. This will give that person permission to remain indefinitely in the UK free from immigration control.

 

What is an EU settled status check?

 

Under the right to work regime, all UK employers are required by law to check someone’s immigration status before they hire them. Checks can be conducted manually or by using a Home Office online service, depending largely on the individual’s nationality.

Those with EU settled status will not have a physical document confirming their permission to live and work in the UK indefinitely, as this is held in digital format only. This means that the employer has to conduct right to work checks on EU settled status holders online using the Home Office ‘Right to Work Checking Service’ at GOV.UK. Under this service, the individual generates a unique, nine-character alphanumeric share codevia the government website, which they then provide to the employer.

To conduct a settled status check, employers should follow this step-by-step process:

 

• open a web browser and type in ‘check right to work’
• click on the GOV.UK page ‘checking a job applicant’s right to work’
• choose the option ‘check the applicant’s right to work online’
• enter the applicant’s share code, followed by their date of birth
• check the confirmation of their name and right to work status
• check that the digital photograph is a match to your potential new recruit
• file a copy of the online confirmation and store it safely.

 

The information from an online check is provided in real-time, allowing you to instantly check your the individual’s EU settled status.

Provided the records show that the individual in question has been granted settled status, and you’re confident that the person in the photograph is the same person you plan to hire, you can proceed to onboard your new recruit.

In accordance with your record-keeping obligations, you should securely store an electronic or hard copy of the online service response for the duration of that person’s employment and for a period of at least 2 years afterwards.

 

How do employees obtain a share code to prove settled status?

 

The online ‘Right to Work Checking Service’ operates on the basis that the worker first accesses the record of their immigration status using their passport or national identity card. If an individual has applied under the scheme as an eligible family member of an EEA or Swiss national, they can use their biometric residence card or permit to access their records.

To prove EU settled status, the prospective employee should follow this step-by-step process:

 

• open a web browser and type in ‘prove settled status’
• click on the GOV.UK page ‘view and prove your immigration status’
• add the identity document used to apply for settled status
• type in the serial number for that ID document, followed by their date of birth
• indicate if they wish to receive a security code by either text or email
• type in the 6-digit security code received
• scroll down to the option ‘prove your status’
• select ‘to prove my right to work’ as the reason for showing their status to someone else
• preview what you, as their potential new employer, will be able to see
• press ‘continue’ to generate a share code
• print the page showing the share code or send you an automated email.

 

It’s not sufficient for your prospective employee to print or screenshot the preview page of their right to work details to simply show you. They must provide you with a share code, giving you permission to view their immigration status online, so that you can access their right to work records independently.

 

How long do share codes last?

 

Share codes are valid for a period of 90 days.

 

How do employees obtain a share code to prove pre-settled status?

 

To prove EU pre-settled status, the prospective employee should follow the same step-by-step process as an individual with settled status.

 

What are the legal risks for failing to conduct a settled status check?

 

As an employer, you have a responsibility to prevent illegal working by conducting prescribed pre-employment right to work checks and, where applicable, follow-up checks, including for EEA or Swiss nationals. In this way you can ensure that any prospective or existing employees aren’t prohibited from working in the UK by reason of their immigration status.

By correctly conducting a right to work check before taking someone on, this will provide you with a statutory excuse against civil liability in the event that the individual in question is subsequently found to be working for you illegally. If you fail to conduct a right to work check before hiring someone, you may be liable to a civil penalty if that person doesn’t have permission to work in the UK. It’s also a criminal offence for you to employ someone if they’re prohibited from working by reason of their immigration status, and you either know or have reasonable cause to believe that this is the case. Employing illegal migrants is punishable by imprisonment and/or an unlimited fine.

It’s important to conduct right to work checks on all new hires to show consistent, transparent and non-discriminatory recruitment practices. If you only conduct checks on people who you believe are not British citizens, for example, on the basis of colour, ethnicity or national origin, you could find yourself defending allegations of racial discrimination. The UK population is ethnically diverse, where many people from ethnic minorities in this country are British citizens, and many non-British citizens from black and minority ethnic communities are legally entitled to work here. You mustn’t therefore make assumptions that someone from an ethnic minority is an immigrant, or that someone born abroad, or who speaks with a particular accent, isn’t allowed to work in the UK.

 

Are retrospective settled status checks needed for existing employees?

 

As an employer, and in accordance with the latest Home Office guidance, you’re not responsible for making sure any existing EEA or Swiss nationals on your payroll prior to 30 June 2021 applied for status under the EU Settlement Scheme. This means that you don’t need to undertake retrospective right to work checks for those employed on or before this date. You’ll have a continuous statutory excuse against civil liability if you correctly conducted a right to work check using their passport or national identity card at the time of hire.

 

How can potential share code settled status issues arise?

 

The importance of conducting right to work checks, and to do so without discriminating against prospective or existing employees, cannot be underestimated. Unfortunately, there are a number of areas of risk involved, including potential share code settled status issues, for example, where an EEA or Swiss national, or eligible family member, has applied out-of-time for settled status but are still awaiting a Home Office decision. In these cases, they will not be able to prove their right to work by providing you with a share code.

The most recent guidance on late applications under the EU Settlement Scheme means that there may be a number of individuals who are potentially eligible to live and work in the UK but were, for some compelling or compassionate reason, prevented from applying in time.

The fact that someone has not yet received an immigration status decision doesn’t mean they don’t have a right to work. In these cases, you can still conduct a right to work check but will instead need to use the ‘Employer Checking Service’ to obtain written positive verification from the Home Office. To conduct a check using this service, you’ll need the individual’s date of birth, nationality and Home Office reference number from their certificate of application.

 

How can any risks around right to work checks be avoided?

 

There are various legal risks around right to work checks, where the following best practice tips can not only help you to show respect for your staff, but for you to remain legally compliant in the context of the law on immigration, employment and equality, including:

 

• Do not impose excessive requirements or single out EEA or Swiss nationals who want to work for you, as this could be construed as discriminatory
• The EUSS applies to a whole range of people, including eligible family members of EEA and Swiss nationals from all over the world, so you shouldn’t assume that just because someone isn’t from the EU that they don’t have settled or pre-settled status
• If you choose to conduct follow-up checks to ensure the stability of your workforce, ensure that you do so in a non-discriminatory manner
• Do not refuse to employ an EEA or Swiss national based on them being unable to provide physical proof of their immigration status, as EU settled status is held in digital format only
• Use the Employer Checking Service where settled status cannot be verified online
• Provide prospective employees with every opportunity to prove their right to work and don’t discriminate against those with an outstanding valid application for EUSS status.

 

 

Need assistance?

 

DavidsonMorris provide expert guidance to UK employers on Right to Work compliance and meeting employer obligations under the prevention of illegal working regime. For specialist advice on how to avoid Home Office enforcement action, contact us.

 

Settled status share code FAQs

 

What is a share code for settled status?

A share code is a unique alphanumeric code generated through the UK government’s online service, allowing individuals with settled or pre-settled status to prove their right to work, rent, or access public services without physical documents.

 

How can I get a share code?

A share code can be obtained by visiting the UK government’s online portal, entering personal details, and selecting the purpose for which the code is needed, such as work or renting a property.

 

How long is a share code valid for?

Each share code is valid for 90 days. A new code must be generated if verification is required after the expiry period.

 

What happens if my share code has expired?

If the code has expired, a new one must be generated. Employers and landlords should always check the validity of the code before proceeding.

 

Can I still use physical documents to prove my status?

Individuals with digital status under the EU Settlement Scheme must use the online share code system, as physical documents are not provided.

 

What if my employer cannot verify my share code?

Employers should ensure they are using the correct government website and entering the details accurately. If issues persist, the Home Office Employer Checking Service can provide further assistance.

 

Is there a fee for generating a share code?

No, generating a share code through the government’s online service is free of charge.

 

Can I share my code with multiple employers?

Yes, a share code can be provided to different parties, but each recipient must verify the code within its 90-day validity period.

 

What should I do if my details are incorrect on the system?

If any details related to your status are incorrect, it is advisable to contact the Home Office as soon as possible to update your records.

 

Glossary

 

 

Term	Definition
Share Code	A unique alphanumeric code generated online to prove an individual’s settled or pre-settled status in the UK.
Settled Status	Immigration status granted under the EU Settlement Scheme, allowing individuals to live and work in the UK indefinitely.
Pre-Settled Status	Temporary status granted under the EU Settlement Scheme, allowing individuals to stay in the UK for up to five years and apply for settled status later.
EU Settlement Scheme (EUSS)	A UK government scheme that allows EU, EEA, and Swiss citizens to continue living in the UK after Brexit.
Home Office	The UK government department responsible for immigration, security, and law enforcement, including right to work checks.
Right to Work Check	A legal requirement for employers to verify a person’s eligibility to work in the UK.
Right to Rent Check	A legal requirement for landlords to verify a tenant’s eligibility to rent property in the UK.
Verification Notice	A confirmation issued by the Home Office Employer Checking Service if an individual’s status cannot be verified through standard checks.
Digital Status	An online record of an individual’s immigration status, replacing physical documents.
Employer Checking Service (ECS)	A service provided by the Home Office to help employers verify the right to work when online checks are inconclusive.
Alphanumeric Code	A combination of letters and numbers used to uniquely identify an individual’s immigration status in the share code system.
Expiry Period	The time limit for which a share code remains valid before a new one must be generated.
Online Checking Service	The government website used by employers and landlords to verify an individual’s immigration status using a share code.