The latest Home Office migration transparency data provides a clear message for UK employers: immigration compliance remains firmly under the spotlight. Recent statistics show a substantial increase in illegal working enforcement activity, with record levels of workplace visits, arrests and civil penalties being issued across a range of sectors.
For employers, these figures are more than simply immigration statistics. They highlight the increasing compliance risks facing businesses and reinforce the importance of conducting compliant Right to Work checks, maintaining robust record-keeping processes and, where applicable, meeting sponsor licence duties. Employers who fail to do so risk significant financial penalties, reputational damage and, in some cases, the loss of their sponsor licence.
Enforcement activity reaches record levels
The Home Office reported that between January and June 2026, Immigration Enforcement carried out 7,270 illegal working visits, resulting in 4,756 arrests. This represented a 31% increase in visits and a 20% increase in arrests compared with the same period in 2025, making it the strongest start to a year on record for illegal working enforcement activity.
The statistics also demonstrate a wider trend. Between July 2024 and June 2026, Immigration Enforcement carried out almost 25,000 illegal working visits and made more than 17,000 arrests. This represents increases of 111% and 122% respectively compared with the preceding two-year period.
These figures leave little doubt that illegal working remains a key enforcement priority.
A broader focus on employer compliance
Although sectors such as hospitality, retail, beauty businesses and car washes continue to feature prominently in enforcement activity, the data highlights growing scrutiny in other industries.
This heightened focus is significant in light of recent legislative developments extending illegal working sanctions and Right to Work requirements to businesses operating flexible worker models. Organisations relying on agency workers, contractors and non-traditional workforce arrangements should therefore ensure they understand how their compliance obligations apply in practice.
The cost of getting Right to Work checks wrong
One of the most common themes emerging from civil penalty cases is that employers often believe they have undertaken a Right to Work check but have failed to follow the precise requirements set out in Home Office guidance.
The statutory excuse that protects an employer from a civil penalty is only available where a Right to Work check has been conducted correctly and at the appropriate time. Minor procedural errors can undermine that protection.
Common issues frequently seen in civil penalty cases include:
- Failure to conduct a Right to Work check before employment commences
- Inadequate retention of evidence of the completed check
- Failure to undertake the correct follow-up checks where permission to work is time limited
- Reliance on incorrect documents or expired evidence
- Failure to use the appropriate checking method, including online checks where required
- Inconsistent practices across different sites, departments or recruiting managers.
- Incorrect assumptions regarding agency workers or contingent labour arrangements
Many employers are surprised to discover that a genuine belief that an individual had permission to work will not necessarily protect them from a civil penalty if the prescribed checking process was not followed correctly.
Given that civil penalties can now reach significant levels and may have wider licensing and reputational implications, the precision of the checking process has never been more important.
Sponsor licence holders face additional risks
For organisations sponsoring overseas workers, the compliance landscape extends beyond Right to Work checks.
Sponsor licence holders are expected to maintain effective systems for monitoring sponsored workers and complying with sponsor duties. The Home Office continues to take enforcement action against sponsors where failings are identified during compliance visits or through wider intelligence gathering.
In an environment where immigration enforcement activity is increasing significantly, it is reasonable to expect that sponsor compliance will remain an area of focus for the Home Office.
Preparing for the expansion of Right to Work duties
Employers should also be looking ahead to the upcoming expansion of Right to Work requirements and employer sanctions.
Businesses that have not previously considered themselves within scope of traditional Right to Work obligations may find that the new framework brings additional responsibilities. Organisations using flexible workforce models should carefully review current arrangements and ensure that compliance responsibilities are clearly understood and appropriately documented.
We have previously published articles on these changes and what employers need to do to be ready, including a helpful checklist, here, here and here.
How We Can Help
The increase in enforcement activity serves as a reminder that preventative compliance is significantly less costly than responding to an investigation or civil penalty notice.
We regularly support employers with:
- Right to Work compliance audits
- Preparation for Home Office compliance visits
- Civil penalty investigations and objections
- Sponsor licence applications and post-licence support
- Development and review of internal immigration compliance processes
- Training for HR teams, recruitment professionals and hiring managers
- Advice on contingent labour, agency worker and flexible workforce arrangements
A proactive audit can often identify weaknesses before they become the subject of Home Office scrutiny and help employers demonstrate a culture of compliance.
Key Takeaways
- Illegal working enforcement activity is at record levels, with substantial increases in visits, arrests and civil penalties.
- The financial consequences of non-compliance are significant, with more than £74 million in civil penalties issued during the first half of 2026 alone.
- Right to Work compliance requires precision. Small procedural errors can undermine an employer’s statutory excuse against a civil penalty.
- Sponsor licence holders should review their compliance systems regularly to ensure ongoing adherence to sponsor duties.
- The expansion of Right to Work obligations means now is the time to review workforce arrangements, particularly where flexible worker models are used.
As the Home Office continues to increase enforcement activity, employers should assume that immigration compliance will remain a key area of regulatory focus. Reviewing Right to Work procedures and sponsor compliance arrangements now can help reduce risk, avoid costly enforcement action and ensure businesses are prepared for future changes.
For further information around compliance, please see this article: Sponsor compliance: hot topics and trends from the first half of 2026 | Bates Wells
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice on 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 contact the Bates Wells team if you require further information.