The UK immigration system is now operating on a fully digital footing, and this is changing how employers are expected to manage right to work compliance in practice. While there has been no recent change to the underlying law, enforcement focus has shifted as digital systems have become the default.
Audits are now increasingly unearthing failures in digital right work checks, potentially exposing the employer to enforcement action, including substantial civil penalty fines.
For employers, this highlights the importance of understanding how existing right to work checks are now being assessed when reviewed by the Home Office.
How right to work checks now work in practice
Most right to work checks are now completed online using a share code provided by the worker. The employer enters that code into the Home Office system to confirm whether the individual has permission to work and under what conditions.
Where the online result is clear and complete, the position is straightforward. Issues arise where the result is incomplete, unclear or inconsistent with the role or hours being offered. In those cases, employers are expected to pause and take further steps rather than proceed on the assumption that the system will update later.
This approach now underpins how digital right to work checks are assessed in compliance activity.
Why digital right to work checks are under closer scrutiny
Over the past year, physical immigration documents have largely fallen away, with digital records now acting as the primary evidence of immigration status. During the transition, there was some practical tolerance while employers adjusted their processes.
That period has ended. Digital right to work checks are no longer one option among many. They are the system employers are expected to understand and apply correctly.
As a result, unresolved ambiguity in online checks is increasingly being treated as a compliance issue rather than a technical problem.
Share codes do not remove employer responsibility
A common misconception is that obtaining and checking a share code automatically protects the employer. In reality, a share code only provides protection where it clearly confirms permission to work.
If the result is unclear or incomplete, responsibility remains with the employer to resolve the issue. Proceeding without clarity increases the risk of enforcement action and, in some cases, a civil penalty for illegal working.
This is why employers are being encouraged to review how share code results are interpreted and escalated internally.
Follow-up checks remain a core obligation
Right to work compliance does not end at onboarding. Where a worker has time-limited permission, employers are expected to carry out follow-up right to work checks before that permission expires.
Missed follow-ups, weak tracking or poor record keeping can result in the loss of the statutory excuse, even where the initial digital check was carried out correctly. This remains a common issue in compliance reviews.
What this means for employers
The shift to digital systems has reduced paperwork, but it has not reduced legal responsibility. Employers are increasingly being judged on whether their right to work checks produce a clear and defensible outcome.
As enforcement practice continues to align with the digital system, employers should ensure that their processes for handling share codes, resolving unclear results and managing follow-up checks are robust.
This update should be read alongside more detailed guidance on right to work checks, digital status verification and civil penalty risk.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
