The Home Office has published updated sponsor guidance which expands the scope of right to work checks expected of work route sponsors from 8 April 2026. The new requirement is imprecisely drafted and may have significant operational implications. This means that some businesses may not be readily able to comply. 

A surprise change to right to work check requirements

Updated sponsor guidance published on 8 April 2026 states:

S1.40. You must check that any worker you wish to sponsor (including a worker who is not your direct employee), or any worker you otherwise wish to employ or directly engage, has permission to enter or stay in the UK and can do the work in question before they start working for you. This applies even if the worker is, or appears to be, a British citizen or other settled worker. If you fail to carry out a right to work check, or any necessary follow-up checks, you will be in breach of your sponsor duties and may be liable for a civil penalty under illegal working legislation. If you are issued with a civil penalty, or otherwise fail to carry out the correct checks, we will normally revoke your licence. 

For guidance on how to carry out the relevant checks, and the evidence you must keep, see: 

• Right to work checks: an employer's guide
• Appendix D to the sponsor guidance

This change widens the scope of right to work checks expected as part of sponsor duties and goes beyond what is currently required under the current scheme of right to work checks. 

The sponsor guidance seems to pre-empt part of what may (or may not) become required for right to work checks under the expanded illegal working regime. This was legislated for at the end of 2025but is not yet in force. 

It is surprising that the Home Office would change right to work checks for sponsors ahead of the consultation process for the expanded right to work scheme concluding. This is especially so because the requirements for right to work checks could be modified as an outcome of that consultation. Also, a lead-time is anticipated, to allow businesses to adjust their right to work check policies and processes before the expanded regime is enforced, whereas this change has been brought in without notice. 

A further issue is that the term 'directly engage' is not defined in the guidance document or the associated glossary. We are awaiting clarification from the Home Office on what 'directly engage' encompasses, however at a minimum we would suggest that right to work checks should now be completed in line with the current Employer's guide to right to work checks for the following groups:

• Partners and members of limited liability partnerships;
• Self-employed contractors directly engaged to carry out work contributing to the ordinary course of business of any of the UK entities covered by the sponsor licence; and
• Non-employee zero hours workers contracted by any of the UK entities covered by the sponsor licence. 

We anticipate that some sponsors may face significant operational difficulties with complying with the new requirements, e.g. if they have a high level of self-employed contractors. We would suggest engaging with the Home Office on a case-by-case basis if this applies. We can assist with this if needed.

Need more help?

We'll be covering this development, along with other recent and upcoming immigration changes in our online Immigration Law Academy on 6 & 7 May. Click here for further details and to sign up. If you need broader assistance with sponsor compliance, including strategic advice, training or a mock audit, please get in touch with a member of our Immigration Team.