Introduction
Suppose you need to check someone immigration status. In that case, whether because you’re an employer carrying out a right-to-work check, a landlord carrying out a right-to-rent check, a family member trying to help, or a solicitor preparing a case, it is essential to follow the law. Getting it wrong can expose you — and the person you’re checking — to privacy breaches or discrimination claims.
This guide explains all lawful routes to check immigration status in the UK, what documents and digital tools you can ask for, when you must get explicit consent, how to spot forged documents, and what to do if you suspect a problem. Primus Solicitors Manchester regularly helps clients with these issues and can provide practical legal assistance tailored to your situation.
When would you legitimately need to check someone immigration status?
Common lawful reasons include:
- Employers are carrying out right-to-work check someone immigration status before employment starts.
- Landlords carrying out right-to-rent check someone immigration status before granting a tenancy.
- Solicitors and legal professionals collecting evidence for visa applications, appeals or detention/bail matters.
- Family members, carers or sponsors making sure a person has a lawful status.
- Organisations qualifying for benefit or service eligibility (where the law requires proof of status).
- Private individuals concerned about someone’s welfare who need to confirm legal standing to assist with housing, healthcare, or support.
Whatever the reason, you must follow the appropriate legal route — and you often need the person’s consent to obtain or rely on their immigration data.
Lawful ways to check someone immigration status (step-by-step)
1) Ask the person to produce primary documents (best first step)
The quickest, simplest and most privacy-respecting approach is to ask the person to show proof. Acceptable documents commonly include:
- Passport showing valid UK entry stamps/visa pages.
- Biometric Residence Permit (BRP) or Biometric Residence Card (BRC).
- Home Office letter confirming leave to remain, appeal rights, or granted status.
- Certificate of naturalisation or registration as a British citizen (if applicable).
- EU Settlement Scheme status confirmation (digital evidence/share code).
- Always make copies or record details according to the rules for your situation (employers and landlords have specific retention rules).
2) Use the Home Office digital service — the person provides a sharecode
The Home Office provides an online service (View and prove your immigration status) where an individual can generate a sharecode that lets third parties see their current immigration status and entitlements (e.g. permission to work or rent). This is the recommended route when someone is willing to cooperate:
- Ask the person to generate a share code at the official Home Office service and send it to you (via secure channel).
- Enter the sharecode and their date of birth at the service to view the status.
- This method is quick, secure, and preserves the individual’s privacy because they control what is shared.
3) Check physical BRP / BRC (Biometric Residence Permit / Card)
A BRP is proof of immigration status and biometric entitlements. When you view a BRP:
- Check the name, date of birth, and photograph match the person.
- Note the expiry date and any conditions (e.g., “no recourse to public funds”).
- Employers and landlords must follow guidance about acceptable copies and retention.
4) Employers: use the official Right to Work process
If you are an employer, follow GOV.UK right-to-work guidance:
- Check the original documents or use the Home Office online right to work check (which requires the individual to provide a sharecode).
- Make and retain copies as required by law.
- Use the Employer Checking Service (ECS) if the person has no documents but has made a reasonable application to the Home Office (ECS gives a positive verification where appropriate).
5) Landlords: follow the Right to Rent rules
Landlords must check someone immigration status, tenants’ immigration status before occupation:
- Check original documents (passport, BRP, or digital status via sharecode).
- Make copies and retain them for the legally required period.
- Avoid discrimination — apply the same checks to all prospective tenants irrespective of race or nationality.
6) Employers & landlords: use the Employer Checking Service (ECS) / Landlord equivalents
If the person cannot produce documents but claims they have valid leave (for example, they applied but have not yet received a BRP), use the ECS or Home Office services. These require the person’s permission and certain details to process a check someone immigration status.
7) Solicitors and accredited advisers: request documents or request Home Office records with consent
Suppose you are a legal representative with a signed client consent. In that case, you can obtain copies of Home Office correspondence, BRP records or make enquiries on a client’s behalf to support an application, appeal or bail application.
8) Data subject access & disclosure — do NOT make speculative SARs
Under data protection law, you may request your own immigration records from the Home Office (subject access). Requesting someone else’s immigration records without their consent is not lawful. Always get explicit written consent from the person whose records you need, or act with proper legal authority (e.g., Lasting Power of Attorney).
What you should ask for — a checklist of acceptable evidence
When you check someone immigration status, ask for:
- Passport (all relevant pages) or national identity card (if applicable).
- BRP / BRC (original).
- Sharecode (Home Office View & Prove service) + date of birth.
- Home Office decision letters, refusal letters, or appeal documentation.
- Certificate of naturalisation/registration (for British citizens).
- Proof of Ancestry, Indefinite Leave to Remain (ILR) documentation.
Record the date you check someone immigration status, who checked it, and keep copies for the legally required retention period (employers and landlords have specific retention rules).
Consent, privacy and legal limits — what you must not do
- Please do not attempt to access someone immigration record without their consent. This can breach the Data Protection Act and may be unlawful.
- Do not discriminate based on nationality or ethnicity when applying check someone immigration status — follow a neutral, consistent process.
- Do not rely on informal or unverified claims (oral statements, social media posts). Always verify with official documents or the Home Office digital service.
- Do not coerce a person into giving you documents they do not wish to share; explain why you need to check and what will be done with copies.
If you lack consent and believe there is a compelling public interest (e.g., safeguarding a vulnerable adult), get legal advice first — Primus Solicitors can advise on lawful steps and necessary authorisations.
Red flags and how to spot forged or suspicious documents
Common signs that documents may be forged include:
- Blurred, inconsistent, or low-quality printing on BRPs or passports.
- Mismatched fonts, dates, or passport stamps that do not align with travel history.
- A photo that does not match the person.
- Altered expiry dates or pasted pages.
- If you suspect a document is forged:
- Do not confront the person aggressively.
- Note the concerns and contact the Home Office Employer check someone immigration status Service (if an employer) or contact the police for serious fraud suspicions.
- Seek legal advice on next steps.
What to do if someone immigration status is uncertain or problematic
- If you’re an employer: Use the Employer Checking Service (ECS) and keep records of your reasonable efforts. Do not employ without completing checks.
- If you’re a landlord: Do not evict or refuse accommodation solely on immigration status without legal cause — seek legal guidance and follow right-to-rent rules.
- If you’re a solicitor or family member: Ask the person to provide a sharecode or documents, and, with consent, we can help make enquiries or prepare appeals.
- If you suspect trafficking or exploitation: Contact appropriate safeguarding agencies and seek legal advice immediately.
How Primus Solicitors Manchester can help
Primus Solicitors provides expert, pragmatic support when you need to check someone immigration status lawfully:
- Advise employers and landlords on right-to-work and right-to-rent compliance and defensible audit trails.
- Help individuals obtain and share digital status via sharecodes and prepare substantive evidence for visas or appeals.
- Represent clients in appeals, right-to-work disputes, detention bail applications, and judicial review where unlawful treatment is suspected.
- Provide forensic check someone immigration status where documents are suspicious and liaise with Home Office services on your behalf (with client consent).
- If you are unsure which lawful route applies to your situation, contact us for a confidential initial discussion.
Frequently Asked Questions (FAQs)
1. Can I check someone immigration status without their permission?
No, you should not request or access check someone immigration status without their consent, except in narrowly defined public interest or legal processes. Always use the sharecode system or ask for documents.
2. What is a sharecode and how does it work?
A sharecode is a code generated by an individual using the Home Office’s “View and prove your immigration status“ service. You enter the sharecode and date of birth to view their status. The person controls what is shared.
3. If a person cannot show a BRP or a passport, what can I do?
If you are an employer or landlord, use the Home Office Employer check someone immigration status Service or the appropriate landlord checking process. If you’re a family member, ask the person to get a sharecode or speak to a solicitor.
4. Can I rely on a photocopy or screenshot of a BRP?
Guidance varies by context. Employers and landlords must follow official rules about acceptable copies and retention. Always ensure copies are clear, and record the check date and checker’s name.
5. What if the person is an EU/EEA national with pre-settled/settled status?
They can prove status using the Home Office digital service and share a sharecode. Copies of cards or certificates may also be acceptable in certain circumstances.
6. What should I do if I suspect fraud?
Do not confront. Document your concerns, stop processing any transaction (employment/tenancy) until verified, and contact the Home Office Employer check someone immigration status or the police where appropriate. Seek legal advice.
7. Can Primus Solicitors obtain check someone immigration status records from the Home Office?
Only with the person’s explicit consent or where you have legal authority. We can assist clients in requesting records or making enquiries on their behalf.
8. How long should I keep copies of check someone immigration status?
Retention periods depend on the context (e.g., employers must retain right-to-work checks for the length of employment plus two years). Follow the relevant official guidance and data protection rules.
Practical templates you can use (brief)
Below are short examples you can adapt when requesting evidence (always keep it polite and lawful):
Employer / Landlord request (example)
“Please could you provide proof of your right to work/rent in the UK? You may either show your passport or BRP in person or provide a sharecode (generated at gov.uk) and your date of birth so we can verify online. We will treat your information confidentially and only use it to comply with legal checks.”
Consent for solicitors (example)
“I, [Name], consent to Primus Solicitors Manchester obtaining immigration records and Home Office correspondence on my behalf and acting as my authorised representative in immigration enquiries and appeals.”
Conclusion
When you need to check someone immigration status, always choose the legal route: ask the person to provide official documents, request a Home Office sharecode, or — for employers and landlords — use the statutory checking services to check someone immigration status. Never try to access Home Office records without consent or take actions that may breach privacy or discrimination laws.
If you are unsure which route to use or if you face a complex situation (suspected fraud, detention, or employer compliance), Primus Solicitors Manchester can help. We advise employers, landlords, and individuals on lawful checks, gather evidence, and represent clients before the Home Office and tribunals.
Contact Primus Solicitors, Manchester
Need help checking someone immigration status lawfully, or want legal support for right-to-work/right-to-rent checks, appeals, or detention bail? Contact us for confidential advice.
📍 First Floor, 402 Palatine Road, Northenden, Manchester M22 4FZ
📞 0161 222 5860
📧 info@ansarhabib.com
🕘 Monday–Friday: 09:30–17:30
