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Employer guide

Right to work checks for sponsors

How right to work checks fit a sponsor's duties: the three check types, timing, follow-up checks, record keeping and the sanctions.

Written by SkilledJobs from the Home Office sponsor guidance. General information, not legal advice. Checked against GOV.UK

Every UK employer must check that the people it employs have the right to work. A licensed sponsor carries an extra layer: right to work checks are also a sponsor duty. This guide explains how the two fit together, using the Home Office's "Employer's guide to right to work checks" (dated 1 October 2026), Appendix D and Part 3 of the sponsor guidance.

It describes the rules. It does not assess any worker or employer. Speak to a regulated adviser about your circumstances.

Two reasons to check

Under section 15 of the Immigration, Asylum and Nationality Act 2006, all employers must check that employees have the right to work in the UK and to do the work in question (Part 3, C7.27). A check done as prescribed gives the employer a "statutory excuse" against a civil penalty if a worker later turns out not to have that right.

Sponsors must also check any worker they sponsor, whatever the employment relationship (C7.28). Appendix D says you must keep evidence of checks on:

  • any worker you employ, whether or not you sponsor them
  • any worker you sponsor, whether or not you employ them

Where you sponsor someone you do not directly employ, such as a self-employed worker, you may not need a statutory excuse. You must still carry out the check to meet your sponsor duties (Appendix D, section 1.1).

When to check

The check must happen before the employment starts (C7.29; Appendix D, section 1.1). If the person has no time limit on their permission, such as indefinite leave to remain, one check is enough. If their permission is time-limited, a follow-up check is needed.

The three types of check

The employer's guide says that, to establish a statutory excuse, an employer must do one of these before the worker starts:

  1. a manual document-based check
  2. a Home Office online check, using the worker's share code
  3. a check through a Right to Work digital verification service provider (RtW DVSP)

Which one applies depends on the person's nationality, the type of permission they hold and, where appropriate, their preference. Employers cannot dictate the method, and should give a reasonable opportunity to prove the right to work, to avoid discrimination.

Appendix D says that in most cases sponsors must use the online service "Check a job applicant's right to work: use their share code". It warns against using the "Check someone's immigration status" or "Check a tenant's right to rent" services instead. Where an online check is not possible, a manual check is normally needed.

The employer's guide notes that people issued with an eVisa can only prove their right to work through the Home Office online service.

Keeping the evidence

For an online check, the guide says to keep a copy of the profile page showing the photo and the date of the check. For a manual check, it says to make a clear copy of each document and record the date the check was done. In both cases the copy is kept for the length of the employment and for two years afterwards, then securely destroyed.

Appendix D adds a date-of-entry check for workers who entered on a visa you sponsored. You check that they arrived within the visa's validity period and keep a copy of the entry stamp. Where there is no stamp, you record the date of entry from travel evidence.

Follow-up checks

Workers with time-limited permission must be checked again on or before the date their permission ends, if you intend to keep employing them. The follow-up check need not be the same type as the first.

If a worker has an outstanding application, the guide explains when to use the Home Office Employer Checking Service instead.

Changes from 1 October 2026

Part 3 records that, from 1 October 2026, the duty to carry out right to work checks also applies to organisations that engage people under a worker's contract or as individual sub-contractors. It also covers online matching services that put individual service providers in touch with clients (C7.27). The employer's guide sets out how this "extended liability" works.

What the sanctions are

Part 3 lists what can follow if a sponsor employs someone without permission to work and did not do the right check (C7.30). The list includes:

  • a civil penalty for each illegal worker, at an amount GOV.UK publishes
  • a likely move to revocation of the licence, with no new licence for at least 12 months after the penalty is paid in full
  • prosecution for knowingly employing an illegal worker
  • disqualification as a company director

Annex C2(d) also lists failing to do the right checks on a worker without permission as a ground on which the Home Office will normally revoke a licence.

Common questions

Do we need to check a worker we sponsor but who is employed by a related company?

Appendix D says the employing organisation does the check for the statutory excuse. As sponsor you must either get and keep a copy of that check or carry out your own.

Does a right to work check done for a regulator count?

The employer's guide says checks done for other purposes, such as an operating licence application, do not establish a statutory excuse.

Can we ask a worker for a particular document?

The guide says employers cannot mandate the method a person uses to prove their right to work. They should give a reasonable opportunity to prove it.

Where can we see all sponsor duties in one place?

The sponsor compliance checklist lists them with paragraph references.

Sources

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