Immigration update for university HR teams - preparing for extended right to work checks

On 20 May 2026, UK Visas and Immigration (UKVI) updated the Sponsor Guidance to reverse the extension of right to work duties to non-sponsored workers who are "directly engaged" that was added in March/April 2026.

The guidance now states that sponsors must retain evidence of right to work checks on any worker they employ (whether or not sponsored) and on any worker they sponsor (whether or not they are the person’s employer).

Background – a broader definition of “employer” and the first indication of timing

The Border Security, Asylum and Immigration Act 2025 introduces a new, broader definition of “employer” for the purposes of right to work checks. This is designed to capture a wider range of working arrangements, including zero hours and “worker” contracts, individual subcontractors and those engaged via online platforms.

Those provisions are not yet in force, but the Home Office’s draft Code of Practice on avoiding unlawful discrimination while preventing illegal working, published in April 2026, suggests a commencement date of 1 October 2026 for new engagements and repeat checks. This is the first clear indication of when the Act’s right to work provisions may come into force.

The draft Code also underlines the need to conduct checks consistently and lawfully, avoiding assumptions based on appearance, accent or name and being alert to the risk of indirect discrimination in recruitment processes.

What this means for universities

Universities often rely on flexible and short term engagements alongside standard employment, such as hourly paid and visiting or associate lecturers, casual exam invigilators, demonstrators, student ambassadors and one off engagements of external specialists. Under the Act’s expanded definition of employer, and the direction set by the draft Code, right to work compliance will need to be embedded across these arrangements where the university is the engaging entity and the individual is personally providing work or services under the university’s direction or control.

For now, the Sponsor Guidance focuses on two categories for sponsors: employees (regardless of whether they are sponsored) and sponsored workers (even if they are not employees of the university). Where staff are supplied by an agency and the agency is the employer, the agency will generally be responsible for the prescribed check. However, you should ensure your contracts clearly allocate responsibility, include audit rights and require agencies to evidence compliant checks. For platform sourced engagements and individual subcontractors, the key question for the future regime will be whether, in substance, the individual is providing labour or services to you in a way that brings the university within scope once the Act's provisions are commenced.

Sponsor licence holders – what you must do now

If you hold a sponsor licence (for Skilled Worker or Temporary Worker routes), the Sponsor Guidance now requires you to retain evidence that you have carried out right to work checks on:

Any worker you employ, whether or not you are sponsoring them; and
Any worker you sponsor, whether or not you are their employer.

In practice, you should ensure that:

All employees complete a prescribed right to work check before starting work, with repeat checks diarised where permission is time‑limited and evidence retained centrally.
Where you sponsor someone who is not your employee (e.g. they are engaged as a self-employed contractor or through a services company), you also carry out and keep evidence of a check confirming that individual’s current right to work and that it covers the role they will perform for you. Even if you are not their legal employer, this is a sponsorship compliance obligation.

Preparing for 1 October 2026 (and beyond)

If you haven't already, it makes sense to prepare now for the expected commencement of the Act’s right to work provisions and the updated Code from 1 October 2026. Review where people provide labour or services directly to the university and update onboarding so a right to work check is triggered for in scope engagements. Refresh your arrangements with agencies and suppliers to ensure responsibilities are clearly allocated and supported by warranties, indemnities and audit rights. Train managers and administrators involved in casual and non standard engagements on how to perform checks and how to avoid discriminatory practices. Ensure your record keeping is robust and aligns with data protection requirements and keep an eye on the government's guidance pages for finalised guidance.

Equality and discrimination

Nothing in the changes alters your equality law obligations. Apply the same right to work process to everyone, regardless of nationality or race and don’t make assumptions based on protected characteristics. Be careful that your processes do not indirectly disadvantage people with lawful, time limited permission to work.

Key takeaways

Sponsors must be able to evidence checks on employees and on all sponsored workers, even where you are not the employer. The previous reference to checking all "directly engaged" non-employees has been removed from the Sponsor Guidance.
The 2025 Act will broaden who is treated as an “employer” for right to work purposes and the draft Code gives the first indication of a 1 October 2026 start date. Begin preparing to extend checks across non‑traditional engagements.
Standardise your processes, train your teams and ensure your contracts with agencies and intermediaries clearly allocate responsibility and allow you to verify compliance.