United Kingdom Expands Right to Work Obligations to Non-Employees

• Updated Home Office guidance extends right to work responsibilities beyond traditional employees to certain workers, contractors and labor supply arrangements, with wider civil penalty liability. 

Right to Work Obligations Expand to Non-Employees

The United Kingdom (U.K.) Home Office has updated several guidance documents, including the draft Code of Practice on Preventing Illegal Working and the Employer’s Guide to Right to Work Checks.  

The updates expand the scope of right to work (RTW) checks to cover “all workers”, including certain individuals who do not have a direct employment relationship with an organization.

Provisions of the Border Security, Asylum and Immigration Act 2025 (BSAI Act) took effect on Oct. 1, 2026.  

Expanded Scope and Civil Penalty Liability 

The BSAI Act expands the definition of employment for RTW purposes and extends civil penalty liability to certain arrangements where authorities cannot identify the immediate or direct employer.

Civil penalties could reach £60,000 per individual found to be working illegally. 

Who Falls Under the Guidance

Employer obligations have traditionally applied to those who employ someone under a contract of employment. Under the new guidance, liability may also apply to organizations that engage an individual under a worker’s contract, subcontractors and operators of online matching services that give clients or customers the details of an individual service provider. 

The guidance applies extended liability under section 15A of the Immigration, Asylum and Nationality Act 2006. 

Obligations by Engagement Type 

The guidance distinguishes between different worker engagement models:

• Directly engaged workers: Direct employees and self-employed or contingent workers engaged directly by the business are subject to the business’s direct liability and RTW check obligations. 
• Workers engaged through others: For workers supplied through an agency, online platform, managed service agreement or company providing services, the individual’s direct employer or the service provider conducts the RTW check. Extended liability may still apply to the organization receiving the services. 
• Personal use: Services purchased for personal use are out of scope. 

Where extended liability may apply, the guidance points to controls such as contract terms, substitution controls, audit rights and clauses covering the full labor supply chain. 

Digital Right to Work Checks 

Digital verification service providers (DVSPs) and online RTW checks remain available and can be used in line with Home Office guidance in force at the time. For individuals who are not British or Irish citizens, online RTW checks must be conducted by the employer and cannot currently be outsourced to a third party on the employer’s behalf.  

Sponsor Licence Holders 

Recent guidance suggests sponsor licence holders may be expected to take broader responsibility for RTW compliance across both workers and non-employees. A proposed extension to non-sponsored individuals was rolled back, but may return when new legislation is implemented.  

Separately, the Home Office recently updated its sponsor guidance on Sponsor Management System security and user roles. Although distinct from the BSAI Act changes, both point to the Home Office’s continued focus on sponsor accountability and employer compliance. 

Right to Work Compliance: Insights from Antonio Lam 

Antonio Lam, Managing Director of Advisory and Strategic Services, notes:  

Many organizations have built their right to work processes around employees. The updated guidance requires businesses to look more broadly at everyone performing work for them, making workforce mapping and understanding engagement models a critical first step in compliance.

Organisations may want to review their right to work frameworks to ensure they reflect current guidance and are applied consistently across the workforce. Clear processes, defined responsibilities and appropriate controls can help support compliance, while effective governance remains essential where multiple stakeholders are involved.

Sponsor licence governance and right to work compliance remain closely linked areas of immigration compliance. Employers should expect continued scrutiny in both areas and take steps to ensure their policies, processes and governance structures remain fit for purpose.

Don’t Miss an Update 

At Envoy Global, we combine smart, friendly legal teams with smart, friendly technology to facilitate immigration for companies and the global talent they depend on. Our holistic, proactive immigration services are built for accuracy and efficiency, always putting people first. 

To discuss how these changes may affect your organization, current Envoy Global clients should contact the Advisory team or engage their regular immigration consultant. 

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