Since 1 October 2026, the Home Office’s updated Employer’s guide to right to work checks, along with the revised Code of practice on preventing illegal working, has applied to UK employers. The changes put into effect provisions of the Border Security, Asylum and Immigration Act 2025, and they matter most for sponsor licence holders.
The main change is a wider definition of “employer”. It now covers businesses that engage people under worker contracts, use individual subcontractors or run online matching services, not just those with traditional employment contracts. Under the new extended liability rules, a business higher up a contract chain can be held liable for illegal working. To rely on a statutory excuse, it needs prescribed written contract terms that also work in practice. Where substitution is allowed, substitutes must be checked before they start, with regular identity re-verification.
Employers must still complete right to work checks before work begins. They can use a manual document check, the Home Office online check (the only route for eVisa holders) or a certified Digital Verification Service Provider. Follow-up checks must be made before any time-limited permission expires. Records must be kept for the length of employment plus two years.
Penalties are significant: up to £60,000 per illegal worker, possible criminal liability, and for sponsors, a risk to their ability to keep sponsoring migrant workers. Businesses should now review supplier contracts, map their supply chains, check share code processes and diarise follow-up checks for workers whose permission is time limited.
Want to understand the new Right-to-work check update in detail? Click Here.
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