Checking Someone’s Immigration Status — Lawful Steps, Practical Guidance & Templates

checking someone's immigration status

Introduction

If you are checking someone’s immigration status in the UK — whether as an employer, landlord, solicitor, charity worker, social worker or family member — it is essential to follow lawful, privacy-preserving procedures. Checking someone’s immigration status wrong can lead to discrimination claims, data-protection breaches, civil penalties (for illegal working or unlawful letting), or harm to the person you are trying to help. This guide explains the lawful routes for verifying status, what evidence to accept, when to obtain consent, how to use the Home Office digital sharecode system, how to spot suspicious documents, and when to get specialist legal help.

Who legitimately needs to be checking someone’s immigration status?

Typical, lawful reasons for checking someone’s immigration status include:

  • Employers performing right-to-work checks before employment begins.

  • Landlords carrying out right-to-rent checks before granting a tenancy.

  • Universities and colleges confirming students’ eligibility to study.

  • Solicitors or legal representatives preparing immigration applications, appeals or bail.

  • Charities, social services or NHS staff arranging housing, benefits or medical help.

  • Banks or other organisations verifying entitlement to services where legal status matters.
    If you do not have a lawful reason, or the person’s consent, do not attempt to access their Home Office records.

Start with the person — ask to see original documents first

The simplest and most respectful first step when checking someone’s immigration status is to ask them to produce original documents. Common acceptable documents include:

  • Passport (relevant pages).

  • Biometric Residence Permit (BRP) or Biometric Residence Card (BRC).

  • Home Office decision letter confirming leave to remain, appeal rights or refusal.

  • Certificate of naturalisation or a British passport (if British).

  • Printed confirmation of digital status where permitted.
    When viewing originals, check the name, date of birth, photograph and expiry date. For employers and landlords make clear, dated copies and record who checked them and when.

Use the Home Office digital service — the sharecode method (recommended)

If the individual has digital immigration status, they can generate a sharecode via the official Home Office portal and give it to you. Using the sharecode and the person’s date of birth allows a third party to view limited, up-to-date details of their status such as right to work, right to rent, visa category and expiry date. The sharecode is temporary (typically valid for 30 days) and controlled by the person, so it protects privacy and reduces handling of sensitive documents.

How a sharecode check typically works

  1. The person generates a sharecode in their online UKVI account.

  2. They send the sharecode and their date of birth to the organisation requesting verification.

  3. You enter the sharecode and date of birth on the official government check page to view status.

  4. Record the date, name of the checker and result as part of your audit trail when you checking someone’s immigration status.

Employer and landlord special procedures

Employers — right to work checks

Employers must check original documents or perform a digital check using a sharecode before the first day of employment. Keep a clear record: the date of checking someone’s immigration status, the documents or sharecode used, the checker’s name and a copy where lawfully required. If a prospective employee cannot produce documents but says they have made a valid application to the Home Office, use the Employer Checking Service (ECS) to obtain formal verification and protect yourself from liability.

Landlords — right to rent checks

Landlords must verify tenants’ right to rent before occupation and retain evidence for the legally required period. Use the same processes: view original documents or a sharecode. Apply checking someone’s immigration status consistently to every prospective tenant to avoid discrimination claims. If the person claims a pending application, seek the relevant Home Office verification route.

When consent and data protection matter

  • Always obtain explicit consent before requesting a sharecode or making enquiries on someone’s behalf; written consent is best.

  • Treat immigration evidence as special category personal data. Store it securely and retain it only for the time required by law. Delete securely after the retention period.

  • Do not share someone’s immigration evidence without their express permission, unless a statutory duty requires disclosure.

  • Apply checking someone’s immigration status uniformly to avoid unlawful discrimination.

What if documents are missing, damaged or the person has applied to the Home Office?

If the person has no documents because they have applied and are awaiting a decision, employers should use the Employer checkin someone’s immigration status. Landlords should seek relevant Home Office guidance for right-to-rent. Solicitors or authorised representatives with client consent can request Home Office correspondence or make formal enquiries to UKVI to obtain temporary evidence. Avoid making decisions (like immediate dismissal or eviction) without legal advice.

Spotting forged or suspicious documents — red flags to watch for

Common signs that documents may be forged include:

  • Blurred, low-quality or inconsistent printing.

  • Photos that do not match the person.

  • MRZ (machine readable zone) issues or mismatched passport numbers.

  • Inconsistent stamps or travel history that doesn’t add up.

  • Altered expiry dates or pasted pages.
    If you suspect forgery:

  • Do not confront the person aggressively.

  • Note the concerns, take copies and escalate via Employer checking someone’s immigration status Service or relevant authorities.

  • Seek legal advice before taking enforcement action.
    Serious fraud may require reporting to police and specialist legal handling.

Practical templates you can use (polite, compliant)

Employer request for sharecode (email)
Please provide proof of your right to work in the UK. You may either bring original documents (passport, BRP) to our office for a secure checking someone’s immigration status, or generate a Home Office sharecode and email it to us with your date of birth. We will treat your information confidentially and only use it to verify your legal entitlement to work.

Landlord request for sharecode (message)
Before we can proceed, we need to confirm your right to rent in the UK. Please bring your original documents to our office or provide a Home Office sharecode and your date of birth so we can verify your status online. We will retain a copy of the record securely in line with legal requirements.

Client consent for solicitor to obtain records (short form)
I, [Full name], authorise Primus Solicitors Manchester to act as my authorised representative and to obtain my immigration records, Home Office correspondence and status information from UKVI. This consent is given freely and may be withdrawn in writing at any time.

Retention, recordkeeping and audits — simple rules

  • Record date of check someone’s immigration status, documents seen/sharecode, name of checker and result.

  • Employers: retain right-to-work evidence for the duration of employment plus two years.

  • Landlords: retain check someone’s immigration status for the required period after tenancy ends.

  • Keep records secure, encrypted if digital, access limited to authorised staff only.

  • Prepare a compliant audit trail in case of Home Office inspection.

Special situations and safeguarding

Asylum seekers and vulnerable people

Handle asylum seekers sensitively. Many will be eligible for legal aid; signpost or refer them to specialist advisers. Avoid sharing sensitive details without consent; safeguarding concerns may justify expedited action through police or social services.

Suspected trafficking or exploitation

If you suspect modern slavery, trafficking or exploitation, follow safeguarding protocols, inform the National Referral Mechanism (NRM) or appropriate authorities and seek immediate legal advice. Confidentiality rules may be overridden where someone is at risk while you checking someone’s immigration status.

Detention and urgent cases

If someone is detained by immigration authorities, legal representatives need prompt client authority to request records, visit, and prepare bail applications. Time is critical; contact a specialist immigration solicitor immediately.

When to get specialist legal help

Seek legal help if:

  • You suspect fraud, identity theft or forged documents.

  • A person claims status but cannot produce documents and urgent decisions (employment/tenancy) are required.

  • Someone faces detention, removal or an imminent appeal deadline.

  • You need to obtain Home Office files or make data subject access requests for a third party.
    Primus Solicitors Manchester can act with written client consent to liaise with UKVI, obtain records, advise on compliance and represent clients in urgent tribunal or bail proceedings.

Conclusion — practical next steps

When  checking someone’s immigration status, start with the individual: ask to see original documents or request a sharecode. Use official Home Office checking channels for employers and landlords and obtain written consent when needed. Keep secure records, treat information as sensitive personal data, and escalate to the Employer check someone’s immigration status, Home Office or specialist solicitors where the status is unclear, forged documents are suspected, or urgent legal issues arise.

If you need help checking someone’s immigration status, resolving discrepancies, dealing with suspected fraud, or acting for an individual who cannot produce documents, Primus Solicitors Manchester can assist promptly and confidentially.

FAQs — Checking someone’s immigration status

1. Can I checking someone’s immigration status without their permission?
Generally no. You should have lawful grounds and normally the person’s consent. Use sharecodes or validated documents rather than trying to access Home Office systems directly without authority.

2. What is a sharecode and how long does it last?
A sharecode is a temporary code generated by an individual via the Home Office service allowing third parties to view limited immigration details. Sharecodes typically expire after 30 days.

3. Which documents are acceptable for right-to-work checks?
Accept original passports, BRPs or digital status via sharecode. If documents are missing, use Employer Checking  someone’s immigration status Service where appropriate.

4. How long should I keep copies of immigration checks?
Follow the retention rules applicable to your context (employer: length of employment plus two years; landlord: legal retention period after tenancy ends). Keep data secure.

5. What should I do if I suspect a document is forged?
Do not confront the person. Record your concerns, secure copies if lawful, and contact the appropriate verification service (ECS for employers) or police for serious fraud. Seek legal advice before taking action.

6. Can a landlord evict a tenant only because of immigration status?
Eviction based solely on immigration status can involve human rights and discrimination issues. Always get legal advice before taking eviction steps.

7. Can a solicitor obtain checking someone’s immigration status and Home Office records?
Yes, but only with the client’s explicit, written authority or proper legal power. Solicitors can then request and receive Home Office correspondence and records on the client’s behalf.

Contact Primus Solicitors Manchester

📍 First Floor, 402 Palatine Road, Northenden, Manchester M22 4FZ
📞 0161 222 5860
📧 info@ansarhabib.com
🕘 Monday–Friday: 09:30 – 17:30