In today’s compliance-driven environment, verifying immigration status is more than a legal requirement. it’s a critical step for employers, landlords, and institutions across the UK. Whether it’s hiring a new employee, renting out a property, or delivering public services, ensuring that an individual has the legal right to live, work, or reside in the country is essential for staying compliant with Home Office regulations.
With the shift toward digital documentation and post-Brexit changes in immigration policy, the UK government has introduced online tools to streamline the verification process. This guide outlines who can legally check someone’s immigration status, how the process works, and what steps to follow using official GOV.UK services ensuring that every check is accurate, secure, and fully aligned with current legislation.
What is Immigration Status and Why Does It Matter?
Immigration status in the UK defines a person’s legal right to enter, live in, work, or access services within the country. For non-UK nationals, this status determines whether they are allowed to perform specific activities such as employment, studying, or renting accommodation. It is issued and managed by the UK Home Office and is a vital legal attribute for those who do not hold British or Irish citizenship.
Immigration Categories in the UK
| Category | Description |
| Visitors | Temporary stay for tourism, business, or visiting family |
| Students | Studying under a Tier 4 (Student) Visa at UK institutions |
| Skilled Workers | Migrants working in the UK with employer sponsorship |
| Family Visas | Dependents and family members joining British citizens or residents |
| EU Settlement Scheme | EU, EEA, or Swiss nationals who lived in the UK before Brexit |
| Humanitarian Protection | Individuals seeking asylum, refugees, or granted temporary protection |
| Indefinite Leave to Remain (ILR) | Permanent residency granted after extended lawful stay |
| British Citizens | Individuals with full UK citizenship and unrestricted rights |
Each immigration status type comes with specific rights, conditions, and expiry timelines, making it essential to verify an individual’s legal position accurately.
Who Can Legally Check Someone’s Immigration Status?
Not everyone is legally entitled to view another person’s immigration status. The UK law allows only certain individuals and organisations to do so under specific legal conditions.
Employers and Right to Work Checks
UK law mandates that employers check immigration status before hiring any employee. This is part of the Right to Work framework to prevent illegal working. Employers must retain records of these checks for the duration of the person’s employment and for two years after it ends.
Landlords and Right to Rent Responsibilities
In England, landlords are legally required to confirm the immigration status of potential tenants under the Right to Rent scheme. They must ensure that all adults who will live in the rental property have the right to reside in the UK. Failure to comply can lead to civil penalties of up to £3,000 per illegal tenant.
Legal Representatives and Case Workers
Solicitors, registered immigration advisers, and support organisations may check someone’s status with their permission. This is often necessary during visa applications, appeals, or asylum claims.
How Can Employers Check a Job Applicant’s Immigration Status?
Employers can check a candidate’s immigration status using either digital or manual methods. The UK Home Office encourages digital checks wherever possible through the use of share codes.
Use of Share Codes from the Home Office
Applicants with digital immigration status can provide a share code through the official GOV.UK website. The employer uses this code, along with the applicant’s date of birth, to access their immigration information online.
Steps for Digital Right to Work Checks
- Visit GOV.UK Right to Work Checker
- Enter the share code and date of birth
- Review details such as:
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- Work permissions
- Visa expiry
- Restrictions (e.g. no public funds)
- Photograph for identity confirmation
Digital checks are valid and can provide a statutory excuse if carried out correctly.
Acceptable Documents for Non-Digital Checks
Where digital status is unavailable (e.g. older visa holders or British citizens), employers may rely on original documents such as:
- UK passports or birth certificates (with proof of National Insurance)
- Biometric Residence Permits
- Valid visas in passports
- Certificate of naturalisation
Employers must see the original documents, make copies, and date them.
Comparison of Digital and Manual Checks
| Type of Check | Required Info | Validity | Risk Level |
| Digital | Share code + DOB | Real-time Home Office data | Secure and accurate |
| Manual | Original documents | Based on document authenticity | Higher risk of forgery |
What is a Share Code and How is It Used?
A share code is a digital key provided by the Home Office that allows a person to share their immigration status securely online. It’s part of the government’s effort to move towards a fully digital immigration system.
Generating a Share Code on GOV.UK
To generate a share code:
- Go to https://www.gov.uk/view-prove-immigration-status
- Log in using your UKVI number, biometric card details, or passport
- Choose the purpose (e.g. work, rent)
- Generate the code and send it to the employer or landlord
Information the Share Code
- Full name and photo of the individual
- Immigration status and visa type
- Right to work or rent
- Visa expiry dates
- Any restrictions (e.g. no recourse to public funds)
Validity and Limitations of a Share Code
Share codes are valid for 90 days and should not be reused after expiration. A new code should be generated each time verification is needed.
How Can Landlords Verify a Tenant’s Immigration Status?
Right to Rent Check Requirements
Landlords must:
- Verify that each adult tenant has legal residence rights
- Conduct follow-up checks for time-limited statuses
- Keep evidence for the duration of the tenancy and at least one year after it ends
Using Share Codes for Property Rental
Much like employers, landlords can use digital share codes provided by prospective tenants to confirm their right to rent. This is done through the online Home Office checker.
Document Checks for Non-Digital Verification
Landlords may also accept:
- UK/Irish passports
- Certificate of registration or naturalisation
- Biometric Residence Cards
- Visa endorsements in passports
Can Individuals Check Someone Else’s Immigration Status?
In general, no one can check someone else’s immigration status without explicit permission. Exceptions exist where legal frameworks apply.
When It Is Legal and Appropriate?
- Employers, landlords, universities, and healthcare providers may conduct checks with the person’s consent
- Legal advisors can do so on behalf of clients
- Public authorities (e.g. police, Home Office) can access status under law
What Information Can Be Viewed?
Only relevant information is shared, including:
- Type of immigration permission
- Expiry dates
- Right to work, study, or rent
Requesting Permission and Data Privacy Concerns
Under the UK GDPR, organisations must obtain clear consent before viewing a person’s status. Misuse of this data may lead to investigations by the Information Commissioner’s Office (ICO).
How Do You Know if Someone Has Settled or Pre-Settled Status?
This is especially important post-Brexit as EU nationals transitioned to the EU Settlement Scheme.
Differences Between Settled and Pre-Settled Status
| Status Type | Rights Granted | Duration | Path to ILR |
| Settled | Permanent residence rights | Indefinite | Equivalent to ILR |
| Pre-settled | Temporary (can live/work) | 5 years | Must apply for settled before expiry |
Verify Through GOV.UK
The status is available using the GOV.UK service with a share code. The checker confirms if the person has settled or pre-settled rights.
Implications for Employment and Renting
Both statuses allow full access to work and rent housing. However, only settled status is permanent.
What Are the Consequences of Not Verifying Immigration Status?
The consequences can be both financial and criminal.
Legal Penalties for Employers and Landlords
- Employers: Fines up to £20,000 per illegal worker
- Landlords: Fines up to £3,000 and potential property seizures
Risk of Civil Penalties or Criminal Charges
In severe cases, repeat offenders may face prison time and business bans.
Importance of Documentation and Record-Keeping
Records of checks must include:
- Dates of verification
- Copies of documents
- Details of who conducted the check
How Can You Use the GOV.UK Online Service to Check Status?
Step-by-Step Walkthrough of the Home Office Tool
- Go to: https://www.gov.uk/view-right-to-work
- Input the share code
- Input the person’s date of birth
- Review all displayed details and match against ID
Required Documents or Details
- Share code
- Date of birth
- Legal name for cross-verification
What the Status Report Shows
- Legal work or rent permission
- Visa details
- Expiry dates
- Photo ID match
What Should You Do if Immigration Status Cannot Be Verified?
Contacting the Home Office for Further Guidance
Use the Employer Checking Service (ECS) if digital or document checks fail. It provides an official response usually within five working days.
Seeking Legal Advice or Assistance
Contact an OISC-accredited immigration adviser for complex cases or appeal processes.
Avoiding Discrimination While Verifying Status
Always check all applicants equally to comply with the Equality Act 2010. Do not make assumptions based on accent, appearance, or nationality.
Conclusion
Immigration status checks are a legal necessity for employment, housing, and public service provision. The UK government offers a transparent and secure process through digital tools such as share codes and official verification portals. Employers, landlords, and service providers must ensure compliance to avoid severe penalties, maintain ethical standards, and protect vulnerable individuals from exploitation.
FAQs About Check Someone’s Immigration Status in the UK
Is it illegal to employ someone without checking their immigration status?
Yes. Employers must verify a person’s legal right to work before offering employment. Failure can result in hefty fines or legal action.
How long is a share code valid for?
Share codes are valid for 90 days and must be regenerated once expired.
Can I check immigration status without the person knowing?
No. You must have the individual’s consent and a valid share code to perform checks.
What is the Employer Checking Service (ECS)?
The ECS is a free Home Office service that helps employers confirm status when documents are unavailable or digital checks fail.
Can landlords check status for all adult tenants?
Yes. Landlords in England are required to check every adult tenant, not just the primary renter.
Is settled status proof of indefinite leave to remain?
Settled status offers equivalent rights to ILR but is part of the EU Settlement Scheme. They are recognised differently under immigration law.
What happens if immigration status changes during employment?
Employers must conduct follow-up checks if the visa has a time limit. Failure to do so can result in penalties.
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