FAQ

I have (pre-)settled status and can prove it by creating a share code. However, my passport is expired. I have been rejected by an employer who says they can’t prove my right to work with an expired identity document. Is this correct?

No, this is not correct. The guidance for employers is clear that if they do online right to work checks, there is no need to check physical documents. They only need to check that you resemble the photograph displayed in the online check.

The Code of Practice for Employers states:

"Where a right to work check has been conducted using the online service, the information is provided in real-time directly from Home Office systems and there is no requirement to carry out a manual document-based check. Employees should be invited to provide their share code in their application which, along with the applicant’s date of birth, will allow the employer to check their immigration status via the online service available on gov.uk at: https://www.gov.uk/view-right-to-work"

The Employer’s Guidance on right to work checks states in its section “Conducting a Home Office online right to work check”:

“You do not need to see physical documents as the right to work information is provided in real time directly from Home Office systems.” 

“You must check that the photograph on the online right to work check is of the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). This can be done in person or by video call.

If the image of the individual on their digital profile is showing incorrectly or is of poor quality, you should advise the individual to update the image on their account. They can do this by visiting: Update your Visas and Immigration account details. Further information and support is also available via the UKVI Resolution Centre.

You must only employ the person (or continue to employ an existing employee, if you are conducting a follow-up check) if the online check confirms they have the right to work and are not subject to a condition preventing them from doing the work in question.

If you employ someone on the basis of the online check, but it is reasonably apparent from the photograph that the individual working is not the individual to whom the information provided in the check relates, you may face a civil penalty in the event of illegal working or risk being found guilty of a criminal offence.”