The government had previously announced their plans to expand right to work checks from traditional employment relationships to more broader arrangements.
What’s the update?
On March 6, 2026, an update to the sponsor guidance introduced a new compliance obligation where sponsors must now check right to work status not only for employees but also for non-direct workers. The duty currently applies to sponsors and is likely to be extended to all employers.
A further change to the sponsor guidance on 8 April 2026 saw the Home Office update the sponsor guidance part 2 to state:
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
What it means by employ or directly engage is still unclear.
Taking the above and looking at the sponsor guidance part 3, it states:
…ensure any worker you sponsor or employ has the legal right to work for you..
This sets out an explicit duty to carry out right to work checks on all employees, not just the sponsored workforce, which was previously not stated in the sponsor guidance but beyond and including self-employed contractors and non-sponsored workers.
Draft code of practice for employers
In addition to the above a consultation has been opened on the draft code of practice for employers to avoid unlawful discrimination whilst preventing illegal working. The consultation is set to end on 29 April 2026.
The draft code contains consultation on the proposed changes to the definition of employer and worker for the purposes of right to work scheme only and includes anyone:
- under a contract of employment (a contract of service or apprenticeship)
- under a worker’s contract
- as an individual sub-contractor, or
- an online matching service providing the details of an individual who is a service provider to potential clients or customers
This code reflects the anticipated expansion of the Scheme to all employers and so this will impact all employers and not just sponsor licence holders.
Preparing for these changes
A new right to work guidance is likely to be published this summer (yet to be confirmed) but employers can do the below to prepare:
- Review your current worker population and identify all individuals who work for and with the business including those on contracts and zero-hour contracts
- Review your current right to work checking process and identify whether this is sufficient to cover and can be extended beyond traditional employees
- Where Agents are used for certain contracted individuals, assess whether the terms if the arrangements cover the right to work responsibilities
- Review current policies and training needs to ensure readiness for the expanded right to work scheme on non-employees.
If you have any questions about these changes and how it may impact your business, please do get in touch with us at info@hudsonmckenzie.com
Contact and Disclaimer
Should you have any questions regarding the above information, or require assistance with your immigration or global mobility matters, please don’t hesitate to contact our legal team at Hudson McKenzie. You can reach us by email at info@hudsonmckenzie.com or by telephone at +44 (0) 20 3318 5794.
For office locations, please visit our Our Offices page.
The information provided in this blog is for general guidance only and does not constitute legal advice.
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