Workers with Indefinite Leave to Remain (ILR) have a permanent, unrestricted right to work in the UK. There is no expiry date on the right to work itself — so no follow-up check is required after the initial check. However, you must still verify ILR using the online share code service rather than relying on a physical BRP card, and you should confirm the share code result clearly shows ILR rather than a time-limited status.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) is a form of settled immigration status that allows non-UK, non-Irish nationals to live and work in the UK permanently, with no time limit.
ILR is typically granted after 5 years of continuous residence in the UK on a qualifying visa — most commonly a Skilled Worker visa, a Family visa, or a Long Residence route. Once granted, the holder can live and work in the UK indefinitely.
ILR is the equivalent of "settled status" for EU nationals — both confer a permanent right to work with no follow-up obligations for employers.
How to verify ILR right to work
Since 6 April 2022, ILR holders must prove their right to work using the online share code service — not by showing a physical BRP card.
Process:
- Worker generates a share code at gov.uk/view-prove-immigration-status
- You check the share code at gov.uk/view-right-to-work using the code and the worker's date of birth
- The result should confirm the worker has an unlimited right to work in the UK
- Screenshot the result and keep it on file
When the share code result shows "no time limit" or "indefinite leave to remain" with no expiry date, the right-to-work check is complete — no follow-up is required.
Do I need a follow-up check for ILR holders?
No — once you have confirmed ILR via the share code service and the result shows an unlimited right to work, no follow-up check is required. The ILR status itself does not expire.
This is different from pre-settled status and time-limited visas, where a follow-up check must be conducted before the permission expires.
| Status | Follow-up check required? | |---|---| | ILR (Indefinite Leave to Remain) | No | | EU settled status | No | | EU pre-settled status | Yes — before expiry | | Skilled Worker visa | Yes — before visa expires | | Student visa | Yes — before visa expires | | BRP card (if showing ILR) | No — but check via share code |
ILR and the BRP card — an important distinction
Workers with ILR are issued a Biometric Residence Permit (BRP) card. BRP cards are physical identity cards that show the holder's immigration status — including ILR.
However, there is an important nuance: BRP cards expire every 10 years (for administrative renewal purposes), even though the ILR status itself does not expire.
A worker with ILR whose BRP card has physically expired still has an indefinite right to work. The card expiry does not affect the underlying status.
For right-to-work purposes:
- Do not use the BRP card as your evidence — always use the share code service
- If the share code result shows ILR with no time limit, the check is valid even if the physical card is expired
- You do not need to conduct a follow-up check simply because the BRP card is being renewed
ILR vs EU settled status — what is the difference for employers?
From an employer's right-to-work perspective, ILR and EU settled status are treated identically: both confer a permanent, unlimited right to work in the UK, and both are verified via the online share code service with no follow-up obligation.
The difference is the route:
- ILR is held by non-EU nationals (and pre-2021 non-EU arrivals) who have qualified through a visa route
- EU settled status is held by EU, EEA and Swiss nationals who applied under the EU Settlement Scheme
Both show on the share code result as unlimited right to work. Both require no follow-up check.
What if a worker says they have ILR but cannot generate a share code?
If a worker claims to have ILR but is unable to generate a share code, do not allow them to begin work until the status is confirmed. Ask them to contact the UKVI helpline on 0300 790 6268 to resolve the access issue.
As a backup, you can use the Employer Checking Service (ECS) at gov.uk/employee-immigration-employment-status. The ECS can confirm a worker's right to work even when a share code is unavailable.
Keep a record of the ECS request and any Positive Verification Notice (PVN) issued. A PVN from the ECS gives you a statutory excuse for 6 months from the date of issue.
Frequently asked questions
Does ILR ever expire? The ILR status itself does not expire. However, ILR can be lost if the holder is outside the UK for more than 2 consecutive years. If an employee has been abroad for an extended period, ask them to generate a share code to confirm their current status before they return to work.
Can I use a passport as evidence of ILR? No. A passport (including a UK passport issued after the holder naturalised as a British citizen) is not evidence of ILR. ILR is evidenced by the online share code result or, for older grants, a vignette sticker in a passport — but the share code service is the correct and legally valid method.
My employee has a BRP card marked "No Time Limit" — do I still need to use the share code service? Yes. Even if the BRP card shows "No Time Limit", you must use the share code service for the right-to-work check. Physical BRP cards are not accepted as right-to-work evidence since April 2022.
If my employee becomes a British citizen, do I need a new check? You do not need to conduct a new right-to-work check simply because an employee has naturalised as a British citizen. Your existing check (which showed ILR) remains valid. However, if they wish to update their records, a check via share code or passport would confirm their new status.