Recent changes to Right to Work (RTW) obligations have introduced a significant shift in the responsibilities placed on sponsor licence holders. These developments expand the scope of who must be checked and place greater compliance expectations on organisations operating within the UK.
A Broader Definition of Responsibility
Historically, RTW checks were primarily associated with direct employees. However, this is no longer the case.
Sponsors are now required to ensure that appropriate checks are carried out for:
- any worker they wish to sponsor, including those who are not direct employees (such as contractors or agency workers); and
- any individual they intend to employ or otherwise directly engage.
This revised definition substantially widens the scope of responsibility and requires organisations to reassess how they approach compliance.
Who Might This Now Include?
While contractors and agency workers are the most immediate examples, the practical implications extend further. Businesses may need to consider whether RTW checks apply to a wider range of individuals involved in their operations, including:
- external accountants
- HR consultants
- maintenance providers, such as window cleaners
- catering suppliers engaged for corporate functions
- regular couriers or delivery personnel
Although the extent to which all such roles fall within scope will depend on the nature of the engagement, the key takeaway is clear: the boundaries are no longer limited to traditional employment relationships.
Increased Compliance Risk
These changes bring with them heightened risk for sponsor licence holders.
Organisations must ensure that any individual they wish to sponsor, employ, or directly engage:
- has valid permission to enter or remain in the UK; and
- is authorised to carry out the work in question
Crucially, these checks must be completed before the individual begins work. This requirement applies regardless of whether the individual appears to be a British citizen or otherwise settled in the UK.
Failure to comply with these obligations may result in:
- civil penalties under illegal working legislation; and
- revocation of the sponsor licence
Given the serious consequences, it is essential that organisations approach these requirements with diligence and consistency.
What Should Sponsors Do Now?
In light of these developments, sponsor licence holders should take proactive steps to review their existing processes. Particular attention should be given to:
- engagements involving contractors and agency workers
- relationships with third-party service providers
- internal procedures for conducting and recording RTW checks
Ensuring that your organisation’s processes are robust, well-documented and consistently applied will be critical in mitigating risk.
Final Thoughts
The expansion of RTW obligations represents a notable shift in the UK’s compliance landscape. Sponsors must now look beyond traditional employment relationships and adopt a broader, more cautious approach to workforce engagement.
If you are unsure how these changes affect your organisation or require assistance in reviewing your processes, seeking professional guidance at an early stage can help prevent costly compliance issues.
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