We have observed a sharp rise in the number of candidates presenting ‘share codes’ as evidence of Right to Work. Not too surprising considering over 4 million EU nationals have applied for either settled or pre settled status under the EU Settlement Scheme, but are your recruitment teams familiar with how to process a Right to Work check when presented with a share code?
Share codes are new and a Right to Work check needs to be conducted differently. Employers may rightly regard the process as more involved than checking Biometric Cards or Passports documentation and to help we have outlined below the care points.
Firstly, employers must tread carefully not to fall foul of employment and anti-discrimination laws. Before the 1st July 2021 you must not ‘INSIST’ that candidates present a share code; candidates can use all existing acceptable documents (e.g. passports or national ID cards etc) and you must not discriminate against them.
However, from the 1st July 2021 EU and Swiss Nationals (except Republic of Ireland) who have settled or pre settled status will no longer be allowed to use passports and national ID cards as proof of Right to Work. EU nationals who have not been granted settled or pre settled status will require a Visa under the new points based immigration system.
Secondly, let's consider the process:
With use of the government’s online share code system for accessing Right to Work Share Code becoming more prevalent, Rightcheck have introduced a new feature to streamline and automate the lengthy process for employers. Click here to find out more.
Should you have any concerns about processing share codes, or your organisation's approach to Right to Work checks, do not hesitate to contact us for further guidance at firstname.lastname@example.org.