Right to Work checks: A much-welcomed update for sponsors

On 20 May 2026, the Home Office published further updates to the sponsor guidance concerning Right to Work checks. These changes help to restore clarity and simplify sponsor compliance by reversing the expanded duties introduced in March/April 2026. For many sponsors, this comes as a much-needed relief from the more onerous obligations that resulted from the update.

In this article, we explore the recent updates and look ahead to what might be on the horizon for sponsors in respect of right to work checks.

What’s changed?

The updated guidance reverses the practical effects of the changes introduced in March/April 2026, which had extended the duty for licenced sponsors for right to work checks to include workers who were “directly engaged”. The term had caused confusion and compliance challenges.

However, with the update on 20 May 2026, sponsors now benefit from clearer guidance, which confirms that checks must be carried out for:

• Any worker being sponsored, whether or not they are a direct employee.
• Any worker employed by the sponsor, whether sponsored or not.

Why was the change necessary?

The April 2026 update widened sponsor duties prematurely, seemingly pre-empting forthcoming legislation under the Border Security, Asylum and Immigration Act 2025. Without a sufficient lead-in time to allow employers to adjust their systems and processes, the changes caused significant disruption and concern of non-compliance with sponsor duties.

Following feedback from sponsors, the Home Office has reverted to the prior position by removing the phrase “or any worker you otherwise wish to employ or directly engage.” This restores a more manageable scope for Right to Work checks for sponsors.

What changes are on the horizon?

The Border Security, Asylum and Immigration Act 2025 contains a broader definition of “employer” for the purposes of Right to Work checks. It aims to capture a wider range of working arrangements, including zero-hours contracts, “worker” contracts, individual subcontractors, and those engaged via online platforms.

Although these provisions are not yet in force, 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.

Our article, Home Office consults on updated right to work code to prevent discrimination has more information about the draft Code of Practice.

Practical implications

For many sponsors the removing of the wording "directly engage" is a welcome relief, simplifying compliance and reducing the risk of penalties. However, sponsors must remain vigilant. Failure to carry out right to work checks in the manner required to establish a statutory excuse may still result in licence revocation and civil penalties.

Employers should review their processes to ensure continued compliance with any updated guidance and begin preparing for the broader application of Right to Work checks expected in the future. Staying informed and proactive is crucial to establishing a statutory excuse against civil penalties and remaining compliant with changes to sponsor duties.

---

If you need advice about your sponsor licence, support navigating changes to the Sponsor Guidance, or assistance with visa applications, please don’t hesitate to reach out to Stacey Lambert in our Immigration team.