Changes to the Sponsor Guidance on Right to Work Checks 2026

UK Right to Work check requirements have recently been expanded within the updated sponsor guidance, issued by the Home Office. These changes are important for all UK employers, given that they are likely to be implemented across all UK employers and organisations later this year. Currently, these changes are vitally important for those holding a UKVI sponsor licence.

While some of these changes reflect existing practice, they signal a broader shift towards stricter compliance and increased accountability. 

Why are these changes happening?

The recent changes to the guidance on Right to Work checks have largely been reversed. As a result, employers are not currently subject to the additional checking requirements that had previously been proposed.

However, employers should continue to monitor developments as wider changes to the Right to Work regime are expected in the future. Sponsors continue to be obliged to conduct Right to Work checks on all employees and sponsored workers. 

A new Code of Practice is expected to come into force in October 2026, which is likely to formalise and expand these requirements.  

What changes have been implemented to the sponsor guidance?

The updated guidance introduces several important clarifications:

• RTW checks apply to all employees
  • Home Office guidance now clarifies that correct right to work checks must be carried out for all employees and not just sponsored workers in order to be compliant with record keeping duties. While this reflects existing practice, it is now explicitly stated in the guidance.
• Checks must be completed before work begins
  • The guidance also now makes clear that right to work checks must be carried out on any worker you wish to sponsor, employ or directly engage prior to any work beginning.  

Consequences for non-compliance (all employers):

Failure to comply with RTW obligations can result in serious penalties: 

• Up to £60,000 civil penalties per illegal worker imposed in the event of illegal working, where no right to work check has been conducted or where checks have been conducted incorrectly   

• Potential prosecutions 

• Exclusion from becoming a company director  
• Negative impact on future immigration applications where applicable

Additional consequences for Sponsor Licence holders:

For sponsor licence holders, the risks are significantly higher:

• Likely revocation of the sponsor licence  
• Cooling off period before reapplying for a licence (likely to be 12 months but can be as much as 5 years if there are multiple civil penalties) 

When to carry out Right to Work checks:

• Before employment or work begins – mandatory in all cases.
• If the employee is a British citizen or has settled/ILR status you are only required to carry out this check once.
• For anyone with a temporary leave to remain, you will be required to carry out further checks.  

• Ideally you should also carry out checks prior to considering sponsorship of any individual. This check will indicate whether they are eligible for sponsorship. 

Employers must ensure full compliance with UK Right to Work check obligations to avoid penalties.

Useful links:

• Code of Practice
• How to conduct a Right to Work check