The Home Office has updated its sponsor guidance, effective from 20 May 2026, clarifying sponsor licence holders right to work check obligations after concerns were raised over earlier changes introduced in March and April 2026.
The latest update removes wording that appeared to extend right to work responsibilities to certain unsponsored workers engaged by sponsors, restoring the position many employers had previously relied upon.
Right to Work Check Requirements Clarified
The updated guidance confirms that sponsors must conduct right to work checks on:
- Workers they sponsor, including those who are not direct employees; and
- Workers they employ, whether sponsored or not.
Importantly, the Home Office has stated that wording introduced in March and April 2026 relating to unsponsored workers who were “engaged” or “directly engaged” by sponsors should now be disregarded.
Reversal of Earlier Changes
The March 2026 guidance referred to unsponsored workers “engaged” by sponsors, while an April 2026 update narrowed this to workers “directly engaged” by sponsors.
These changes created uncertainty for many sponsor licence holders. The May 2026 guidance removes these references entirely, returning the position to the more established framework.
Sponsor Compliance Obligations Remain
While the Home Office has clarified the scope of right to work checks, sponsor compliance obligations remain unchanged.
Sponsors must continue to complete compliant right to work checks before:
- A sponsored worker starts work, including where they are not directly employed by the sponsor; and
- Employing any other worker, whether sponsored or not.
Failure to carry out compliant checks may constitute a breach of sponsor duties and may affect an employer’s ability to establish a statutory excuse against civil penalties for illegal working.
eVisa Transition Continues
The updated guidance also reflects the continued rollout of eVisas.
UKVI has confirmed that most workers granted permission following applications decided from 20 May 2026 will receive digital immigration status through an eVisa rather than a physical immigration document, subject to limited exceptions.
Appendix D record-keeping guidance has also been updated to clarify sponsors responsibilities when retaining evidence of digital status checks.
Conclusion
The latest Home Office update provides welcome clarification for sponsor licence holders by removing wording that appeared to widen right to work check obligations beyond employees and sponsored workers.
However, sponsors should continue to ensure that right to work checks, record-keeping obligations and sponsorship duties are carried out correctly, particularly as the transition to eVisas continues.
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