For UK employers, right to work checks remain one of the most fundamental, but most frequently mishandled, areas of immigration compliance. This article explores the current legal requirements, the common mistakes employers make, and the future changes to the law that employers should be aware of. Under the Immigration, Asylum and Nationality Act 2006, employers in the UK must complete a right to work check on every new worker before employment begins. This applies to any employer, regardless of size or sector.
Employer may face a civil penalty if they employ an individual who does not have permission to work in the UK and have failed to carry out right to work checks. Employers may still be liable even when they are unaware that the individual lacks the right to work, unless they can demonstrate as statutory excuse
The Digital Shift: eVisas Have Replaced BRPs
One of the most significant changes for employers to understand is the move away from physical documents. For overseas nationals who previously relied on Biometric Residence Permits (BRPs), they can no longer be accepted as proof of right to work from 1 June 2025 onwards. Instead, individuals must prove their legal status using share codes linked to their UK Visas and Immigration (UKVI) account.
British and Irish citizens can continue to establish their right to work through valid British or Irish passport.
Employers must therefore ensure that the appropriate right to work check is carried out for each worker, whether that involves a digital status check or a document-based check.
Common Mistakes Employers are Still Making
- Relying on outdated documents: Expired BRPs or out-of-date passports can no longer be accepted as evidence of a right to work.
- Forgetting follow-up checks: Where a worker has time-limited permission to stay, a further right to work check must be carried out to ensure their leaves are not expired/renewed in time.
- Treating remote and hybrid onboarding casually: Employers sometimes rely on email copies of documents or failed to retain adequate records of the checks. Remote and hybrid recruitment processes and checks must still comply with Home Office requirements, including conducting the prescribed online or manual check and retaining evidence of the checks.
The Sponsor Licence Connection
For businesses that hold a sponsor licence, right to work compliance carries an additional layer of risk. It is not just about avoiding a civil penalty, as right to work checks forms part of the sponsor license compliance duties.
During a compliance audit, UKVI will often review right to work records alongside employment contracts, salary records and Certificate of Sponsorship documentation to ensure that sponsored workers are undertaking the role for which they were sponsored, are being paid the salary stated on their employment contracts and continue to have valid immigration permission. UKVI will also assess whether the sponsor has appropriate systems in place to monitor workers’ immigration status, maintain accurate records and address compliance issues promptly.
Where errors are found, such as an outdated BRP still on file or a missing follow-up check, this demonstrates failure to ensure sponsor license compliance duties are complied with, which can result in sponsor license being revoked, downgrading to B-rating if they are able to demonstrate mitigations, or a civil penalty.
This is precisely why Right to Work checks should never be considered as a standalone HR task, but a core element of sponsor license compliance duties.
Looking Ahead
Effective right to work compliance is not a one-off pre-employment check, but instead an ongoing system that needs to be embedded into recruitment and onboarding. This also needs to be reviewed regularly as Home Office guidance continues to evolve.
It is also worth noting that the Right to Work regime is set to expand further. On 2 December 2025, Section 48 of the Border Security, Asylum and Immigration Act 2025 has received Royal Assent. Once implemented, it will extend employer liability beyond direct employment relationships to cover independent contractors, sub-contractors, gig-economy workers and workers on zero-hours contracts engaged indirectly through the supply chain.
This is not yet in force and the Government’s consultation response has not yet been published. Nevertheless, employers should expect the scope of Right to Work checks to widen significantly and consider reviewing the labour supply arrangements in anticipation of a broader compliance framework.
Conclusion
Right to Work checks and sponsor licence compliance are closely related, and our team works with employers across a range of sectors and provide advice regarding their compliance duties.
We regularly support clients with preparing for audit checks and Home Office Interviews. To ensure they are complying with the sponsor license duties accordingly. We also advise sponsor licence holders on the other compliance duties that sit alongside right to work compliance, including record-keeping, reporting obligations, and how to respond if the Home Office raises any concern following an audit.
