On 20 May 2026, the Home Office corrected an error in its 8 April 2026 sponsor guidance regarding sponsors’ right to work check duties. This is a welcome update for sponsors. The Home Office has confirmed that the position prior to 8 April 2026, that right to work checks are only required for employees and sponsored workers, still stands.
There are other changes to the sponsor guidance, which we will cover separately.
The Home Office has said the clarification has been made to the guidance ‘following user feedback’.
For whom must sponsors check the right to work?
The Home Office has clarified that the pre-8 April 2026 position continues to apply. The sponsor guidance issued on 20 May 2026 says (our emphasis):
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 (whether sponsored or not)…
This means that sponsors must check the right to work for employees and for employed or self-employed sponsored workers, including any sponsored workers not directly engaged by the sponsor.
Appendix D to the sponsor guidance has been updated to reflect the change.
What was the error in the 8 April guidance?
The 8 April sponsor guidance included a requirement to check the right to work for any worker you otherwise wish to employ or directly engage.
This caused concern among sponsors and advisers as it appeared to extend the right to work check requirement to non-sponsored, self-employed workers. That would have imposed a significantly greater burden on sponsors than the current illegal working regime requires. It also appeared to anticipate the expected Autumn 2026 expansion of the illegal working regime to certain subcontractors and casual workers under section 48 of the Border Security, Asylum and Immigration Act 2025. It was also unclear who would fall within the term directly engage, and sponsors were given no lead-in time to prepare. The reversal will therefore be a relief.
What action do sponsors need to take?
Sponsors can disregard the 8 April 2026 reference to right to work checks on non-sponsored workers who are ‘directly engaged’.
The Home Office are however increasingly enforcing the right to work requirements and the sponsor duties.
Ahead of the likely Autumn 2026 expansion of the illegal working regime to certain subcontractors and casual workers, organisations should start considering now which parts of their workforce may be affected and the likely operational impact. We will host a webinar this summer on the immigration and employment implications of this change and will release the registration details shortly.
In light of increased enforcement and frequent guidance updates, sponsors should consider auditing their right to work and sponsor duty processes if they have not already done so in the last six months, or if they have done so, they should update these in line with the latest guidance. Please keep a look out for our update on the other changes to the guidance.
Bates Wells can provide strategic advice; review current right to work and sponsorship processes; provide training to HR and recruitment teams; and carry out mock audits. If you have any questions or require any assistance please get in touch.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.