UK Right to Work Expansion: What Employers Need to Know Now

The UK government is progressing plans to expand the scope of the Right to Work Scheme, imposing stricter requirements on sponsor licence holders and indicating that full implementation of the expansion will take place on 1 October 2026.

EXPANDED SCOPE OF RIGHT TO WORK CHECKS

The government previously announced plans to expand the Right to Work Scheme from traditional employment relationships to require right to work checks in a broader range of situations, such as those engaged through worker contracts, as individual subcontractors, or via online matching platforms.

While legislation implementing these changes is not yet in force, the Home Office has imposed stricter obligations on sponsor licence holders by way of updated sponsor guidance published on 8 April 2026.

Now, sponsors “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 or directly engage, has permission to enter or stay in the UK and can do the work in question before they start working for you.”

Whilst the term “directly engage” was not defined in the guidance, it clearly goes beyond traditional employment relationships to encompass the likes of self-employed contractors and workers who are not sponsored.

Sponsors are advised to carry out right to work checks in line with the current Employer’s Guide to Right to Work Checks for the following groups to ensure compliance with the updated Home Office guidance:

• Partners and members of limited liability partnerships: Individuals who are owners or part-owners of a limited liability partnership, sharing in its management and profits rather than being employees.
• Self-employed contractors: Individuals who are not employees but are directly engaged to perform work that forms part of the normal day-to-day business activities of any UK entity covered by the sponsor licence.
• Non-employee zero-hours workers: Individuals engaged on a casual as-needed basis with no guaranteed hours who are contracted by any UK entity covered by the sponsor licence but are not employed under a standard employment contract.

Sponsor licence holders should act now to review their right to work checking practices to ensure that hiring managers and others responsible for conducting right to work checks are aware of this change so that compliant checks are performed on this expanded pool of individuals and working arrangements.

CONSULTATION ON CODE OF PRACTICE

A consultation has also been opened on the draft code of practice for employers to avoid unlawful discrimination whilst preventing illegal working, which will close on 29 April 2026.

This consultation contains proposed changes to the definitions of “employer” and “worker” for the purpose of the Right to Work Scheme that are reflective of the anticipated expansion of the Scheme, which as mentioned is yet to come fully into force.

By stating that this draft code of practice is intended to enter into force for “all employment commencing on or after 1 October 2026” (as well as follow-up checks from that date), the Home Office has given a strong indication that they intend to fully implement the Right to Work Scheme’s expansion on such date. 

Expansion of the scheme will impact all employers, not just those who hold a sponsor licence, and while further detail is awaited and implementation dates are not yet final employers may wish to begin preparatory work in the following areas:

• Identify all categories of individuals providing services to the business
• Review existing right to work check processes and assess whether they extend beyond employees
• Consider whether contractual arrangements with agencies and suppliers appropriately address right to work responsibilities
• Assess the robustness of record-keeping and audit processes
• Provide training to HR teams and hiring managers on consistent and non-discriminatory practices

LOOKING AHEAD

The expansion of the Right to Work Scheme represents a significant development in the UK’s approach to preventing illegal working.

For many organisations, the changes will require a reassessment of how workforce compliance is managed, particularly where labour is sourced through indirect or flexible arrangements.

Early review of existing processes will assist in preparing for implementation once the final framework is confirmed.