Right to work checks and sponsorship
From 1 October 2026 right-to-work checks stop being an employees-only duty: they also cover people engaged under a worker's contract, individual sub-contractors, and online matching services, for engagements starting on or after that date. Checks themselves run through the Home Office online service, physical Biometric Residence Permits are no longer acceptable, and getting a check wrong can cost up to £60,000 per worker for repeat breaches.
Right to work checks cover more people from 1 October
What happened
A new law widens who you must check. From 1 October 2026, the checks cover more than your staff. They also cover casual and temporary workers, people you take on one by one as subcontractors, and firms that match workers to clients online.
What it means for you
Check the right to work before someone starts, not just for staff on a normal contract. The new rules apply to work that begins on or after 1 October 2026. Getting it wrong can cost up to £45,000 for each worker, or £60,000 for a repeat.
Dates to know
- 1 October 2026The wider checks start. They apply to work that begins on or after this date.
Source: GOV.UK / Home Office. We check this page every week. Last checked .
UK right-to-work checks are widening and have already gone digital. From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 extends the illegal-working prohibition beyond contracts of employment to individuals engaged under a worker's contract, individual sub-contractors, and online matching services, so a civil penalty can follow an engagement that is not employment at all. On the mechanics, Biometric Residence Permits stopped being issued in October 2024 and an expired BRP cannot be checked manually, so most non-British and non-Irish workers prove status through the Home Office online service, while British and Irish passport holders can be checked through a certified Digital Verification Service. The civil penalty rose sharply in February 2024, to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches. Sponsoring a Skilled Worker got harder too: the general minimum skill level rose to graduate level in July 2025, and a rule from April 2026 requires sponsors to show salary compliance within rolling pay periods, not just as an annual average.
Who must you check from 1 October 2026?
Not just employees. Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the duty to individuals engaged under a worker's contract (personal service where you are not a client or customer of their business), individual sub-contractors, and online matching services that pass a service provider's details to clients for a fee. A civil penalty can only be imposed where the engagement began on or after 1 October 2026.
How do right-to-work checks work now?
Most non-British, non-Irish workers prove their right to work through the Home Office's online service using their eVisa or UKVI account. British and Irish passport holders can be checked through a certified Digital Verification Service, the term that replaced Identity Service Provider in Home Office guidance; using one is recommended rather than mandatory. A manual check of an expired Biometric Residence Permit is not acceptable evidence.
What is the penalty for getting it wrong?
Up to £45,000 per illegal worker for a first breach, and £60,000 per illegal worker for repeat breaches, for breaches on or after 13 February 2024. That is a significant jump from the previous £15,000 and £20,000 maximums.
What changed for sponsoring skilled workers?
The general salary threshold for a Skilled Worker visa is £41,700 a year or the occupation's going rate, whichever is higher, with lower tiers down to £25,000 in defined cases such as new entrants, relevant PhDs and Immigration Salary List roles. The general minimum skill level rose to graduate level (RQF6) from 22 July 2025, and from 8 April 2026 sponsors must show salary compliance within rolling pay periods rather than just annually.
UK right-to-work checks, carried by Teamed
- Right-to-work checks on every hire
- Statutory excuse established and evidenced
- Visa expiry follow-ups tracked
Key figures
| Detail | Value |
|---|---|
| Right-to-work checks extended beyond employees (1 October 2026) | Section 48 of the Border Security, Asylum and Immigration Act 2025 (c.31) extends the illegal-working prohibition in the Immigration, Asylum and Nationality Act 2006 to three further arrangements: engagement under a worker's contract (personal service where the engager is not a client or customer of the individual's business), engagement of an individual sub-contractor, and an online matching service supplying a service provider's details to clients for a fee. Commenced by SI 2026/683, made 24 June 2026. A civil penalty may only be imposed where the engagement commenced on or after 1 October 2026. (source) |
| eVisa transition from physical BRPs | Biometric Residence Permits stopped being issued on 31 October 2024, and the Home Office employer's guide states that a manual check of an original, expired BRP is not acceptable proof of right to work. Right to work is normally evidenced via the Home Office online 'view and prove' service using a UKVI account/eVisa. British and Irish passport holders can be checked through a certified Digital Verification Service (DVS), the term that has replaced Identity Service Provider (IDSP) in Home Office guidance; using a certified DVS is recommended rather than mandatory. A draft replacement guide dated 11 September 2026 has been published and comes into force on 1 October 2026; until then the 26 June 2025 version is the operative guidance. (source) |
| Maximum civil penalty for illegal working | £45,000 per illegal worker for a first breach (up from £15,000) and £60,000 per illegal worker for repeat breaches (up from £20,000), for breaches occurring on or after 13 February 2024. The £60,000 figure is the statutory maximum set by SI 2024/82; £45,000 is the first-breach level in the Home Office code of practice. (source) |
| Skilled Worker minimum salary threshold | The general threshold is £41,700/year or the occupation-specific going rate, whichever is higher. Home Office sponsor guidance SK5.10 sets six tiers for CoS assigned on or after 22 July 2025: £41,700, £37,500, £33,400, £31,300, £28,200 or £25,000 a year, depending on the applicant's route (new entrant, relevant PhD, Immigration Salary List or Temporary Shortage List, health and care). (source) |
| Skill level requirement raised to RQF6 | Home Office sponsor guidance SK1.2: from 22 July 2025 the job must normally be skilled to level 6 (graduate level) on the Regulated Qualifications Framework, or the equivalent in Wales or Scotland, or be on the Immigration Salary List or Temporary Shortage List. Transitional provisions apply to workers sponsored in medium-skilled roles before 22 July 2025. (source) |
| New pay-period salary compliance rule | Sponsor guidance version 04/26, valid from 8 April 2026, adds paragraphs SK7.19 to SK7.25 on how salary compliance is assessed. Salary must be paid in pay periods of at least monthly frequency unless the contract says otherwise, and must equal or exceed the going rate for every hour worked in that period. For monthly or less frequent pay, salary over any rolling 3-month period must be at least a quarter of the required annual salary; 12/52 over any 12-week period where pay is more frequent than monthly; and 17/52 over any 17-week period for irregular working patterns. Applies to Certificates of Sponsorship assigned on or after 8 April 2026. (source) |
Frequently asked questions
Do I have to check the right to work of someone who is not an employee?
From 1 October 2026, yes in many cases. The duty extends to individuals engaged under a worker's contract, individual sub-contractors, and online matching services that supply a service provider's details to clients. A civil penalty can only follow where the engagement began on or after 1 October 2026.
Can I still use a Biometric Residence Permit to check someone's right to work?
No. BRPs stopped being issued on 31 October 2024, and a manual check of an expired BRP is not acceptable proof. Checks now run through the Home Office online service or a certified Digital Verification Service.
What's the maximum fine for hiring someone without the right to work?
£45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeat breaches, for breaches on or after 13 February 2024.
Do I need a sponsor licence to hire a Skilled Worker?
Yes, a UK employer needs a sponsor licence to sponsor a Skilled Worker visa, alongside meeting the salary and skill-level thresholds, which have both tightened in 2025 and 2026.
UK employment law is moving fast, and commencement dates have slipped before. When Teamed is your legal employer, we track every change and update your contracts, policies and payroll as the law lands, so you never have to read a roadmap to stay compliant.
