Right to work checks in 2026: What changed — and what to expect next

The background

All employers with a UK sponsor licence are required to carry out right to work checks on their workforce. The requirement serves two purposes: to confirm that employees have the legal right to work in the UK, and to verify that sponsored workers are working in compliance with their visa conditions. Failing to carry out the required checks can expose a business to civil penalties for illegal working and, in serious cases, puts the sponsor licence at risk.

In 2026, the scope of this obligation changed twice in quick succession — first expanding significantly, then reverting to its previous position.

What changed in March 2026

Updated guidance published on 6 March 2026 appeared to extend the right to work check obligation to any individual whom the sponsor 'directly engaged'. This went beyond the existing requirement, which applied to all employees and all sponsored workers. The phrase 'directly engaged' was left undefined, creating significant uncertainty about how far the obligation extended. It potentially brought contractors, freelancers, zero-hours workers, agency workers, and other non-employed individuals within scope.

A further clarification issued on 8 April 2026 did not resolve the ambiguity, leaving sponsors uncertain whether they needed to carry out checks on a much wider group of people working for or alongside their business.

The May 2026 reversal

Updated guidance published on 20 May 2026 removed the 'directly engaged' language in its entirety. The Home Office confirmed: 'Following user feedback, this reference has now been deleted and any reference in those versions to unsponsored workers engaged or directly engaged by the sponsor should be disregarded.' This restored the position as it stood before 6 March 2026. The right to work check obligation now applies to:

• All employees of the sponsoring organisation; and

• All sponsored workers, whether or not they work under a traditional employment contract.

It does not currently extend to freelancers, contractors, agency workers, or other non-employed individuals who work for or alongside the business.

What is coming in October 2026

The government has been consulting on a permanent expansion of right to work checks to non-employees, under section 48 of the Border Security, Asylum and Immigration Act 2025. A draft Code of Practice indicates a potential start date of 1 October 2026, although the final scope and requirements have not yet been confirmed. Sponsors should watch for further updates as that date approaches.

What employers should do now

Ensure right to work checks are being carried out for all employees and all sponsored workers, in line with current requirements. Keep records carefully and maintain a clear audit trail of checks completed. While the obligation does not currently extend to non-employed workers, the October 2026 change may bring contractors and others within scope — making it worth reviewing your processes now so that any extension can be accommodated without disruption.

Get in touch

If you have a sponsor licence and want to ensure your right to work check processes are compliant — or if you are concerned about what the October 2026 changes may mean for your business — we can advise.