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?

These updates are likely a result of widespread discussions regarding changes to the Right to Work regime and upcoming changes to the Code of Practice. It is expected that the obligations on employers relating to Right to Work checks will be expanding.

In addition to employees, employers will, in future, be required to carry out checks on non-direct employees, such as subcontractors and self-employed individuals. 

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. 
• “Directly engage”
  • The phrase “directly engage” widens the net of individuals you are required to carry out checks on beyond traditional employees.  
• No statutory excuse required (yet) for non-employees
  • Employers are not currently required to establish a statutory excuse for non-employees at this point. However, from a sponsor licence compliance perspective, you must still carry out checks on these individuals.  

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

At present, these penalties would not apply where checks are not carried out on non-employees. 

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) 

These consequences would apply where RTW checks have not been correctly carried out for anyone directly engaged by the sponsor.  

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