The Government plans to extend right-to-work duties beyond traditional employees to include people engaged under worker contracts, individual subcontractors and certain online matching services. As of June 2026, employers should continue following the current statutory scheme while preparing for the wider rules and accompanying guidance to take effect.
A correctly completed check gives an employer a statutory excuse against a civil penalty if the person is later found to be working illegally. However, that protection only applies when the prescribed process is followed before employment begins and evidence is retained correctly.
Building a Defensible Checking System
Consistency is essential. Apply the same checking process to every candidate rather than selecting people because of their name, nationality, accent or appearance. Selective checking can create discrimination risks.
Your process should include:
- Completing the correct check before work begins.
- Confirming that the photograph matches the person.
- Checking whether the person has restrictions on their work.
- Saving a dated copy of the evidence.
- Recording when a follow-up check is required.
- Keeping records securely for the employment period and 2 years afterwards.
For online checks, use the worker’s share code and date of birth through the employer section of the GOV.UK service. Viewing a result shown to you by the worker is not sufficient. Where the Home Office online service is unavailable because an application or appeal is outstanding, you may need to use the Employer Checking Service.
Right-to-Work Timelines
| Stage | Action |
| Before employment | Complete and record the right-to-work check |
| During employment | Repeat checks before time-limited permission expires |
| Sponsor licence application | Allow up to 8 weeks in most cases |
| After licence approval | Assign a Certificate of Sponsorship before the visa application |
Most sponsor licence applications are decided within 8 weeks. Eligible organisations may be able to pay £750 for the priority service, which aims to consider the application within 10 working days but does not guarantee approval.
Businesses planning overseas recruitment should speak to a work visa sponsorship london specialist before advertising a sponsored position. Employers should also review current skilled worker salary thresholds and understand why self sponsorship visa uk explained is a business-led immigration strategy rather than a separate visa category.
What About Existing Workers?
Follow-up checks are required where a worker has time-limited permission. They should be completed shortly before that permission expires, unless the person has made an in-time application that preserves their right to work.
Employees planning their longer-term future may benefit from information on british citizenship by naturalisation or dual citizenship in the uk. Those moving into education should review the uk student visa requirements carefully.
Frequently Asked Questions
Do the wider rules apply to gig workers now?
The extension has been legislated for and consulted on, but businesses should follow the current statutory guidance until commencement details and final guidance are published.
What is the penalty?
A civil penalty can reach £45,000 per illegal worker for a first breach and £60,000 for a repeat breach. Knowingly employing an illegal worker can also lead to criminal prosecution.
Get Expert Support
Review your workforce, assign responsibility for checks and audit existing records before the expanded regime begins. Speak to Hedgley Immigration by calling Sean on 07704 909490 or emailing sean@hedgleyimmigration.co.uk.