14. April 2026
Sponsor Compliance and Right to Work Checks: How to Reduce Home Office Risk
Sponsor compliance is changing fast. Home Office enforcement is increasingly data-led, with more audits triggered by patterns in HR and payroll data. With real-time links between HMRC payroll records and the Sponsor Management System (SMS), the Home Office often knows your company is non-compliant before you do. For corporate employers, that means small process gaps in onboarding and record-keeping can quickly become a sponsor-licence risk.
We are also seeing a clear increase in Home Office compliance action, including suspensions and revocations. In practice, this is not only about deliberate abuse of the system; it is often high-growth businesses losing the ability to hire and retain international talent because of avoidable administrative errors.
Sponsor guidance is clear: as a licensed sponsor, you must “ensure any worker you sponsor or employ has the legal right to work for you and do the work in question by carrying out the appropriate right to work check”. One of the biggest mistakes I see companies make is to overlook the importance of conducting these checks correctly and comprehensively across their organisation. Missing evidence, incomplete verification steps, or failure to diarise follow-up checks can undermine your statutory excuse and create sponsor-compliance exposure.
What is a Right to Work check?
A Right to Work check is the process an employer must complete before employment starts to confirm that a person has permission to work in the UK and to do the role on offer. The correct method depends on the individual’s nationality and immigration status (for example, manual document checks, online checks using a share code, or verification via the Employer Checking Service). Importantly, Right to Work checks apply to everyone, including British citizens.
Common Right to Work check mistakes
- Not completing and retaining the correct Right to Work evidence for British and Irish citizens (e.g., failing to copy and record the check).
- Relying on documents that no longer prove status (for example, a physical BRP where an online check is required) or not completing the correct online check and record.
- Not using the Employer Checking Service (ECS) when a person has a pending application, administrative review, or appeal and cannot provide evidence via an online check.
- Treating an Asylum Registration Card (ARC) as sufficient evidence without obtaining confirmation through the ECS (including any restrictions on role type and hours).
- Failing to verify status correctly where an individual cannot generate a share code (for example, where an EUSS application is pending) and an ECS check is required.
- Accepting screenshots or emails as proof of status instead of completing the required online check (share code) and keeping the prescribed records.
Who needs a Right to Work check?
You must conduct a Right to Work check for all new employees before they start work (including British and Irish citizens). Where an individual has time-limited permission, you must diarise and complete a follow-up check on or before expiry to maintain your statutory excuse. If you hold a sponsor licence, new guidance now requires you also undertake checks on any worker you engage, which extends to self-employed workers.
As a sponsor licence holder, your compliance obligations extend beyond the initial check. You should be able to evidence consistent, repeatable processes across teams, including how you verify status, retain records, diarise follow-ups, and respond to changes (for example, role changes, absences, and visa extensions).
FAQ: An applicant has provided an Asylum Registration Card (ARC) stating “Work Permitted”. Is that enough?Not on its own. Asylum seekers may be permitted to work only in specific circumstances and often with restrictions. You must request confirmation through the Employer Checking Service (ECS) to verify the individual’s Right to Work and any conditions attached, then retain the ECS response as part of your Right to Work record.
FAQ: A current employee’s visa expires next week and they cannot provide a new share code yet. Can we keep employing them? Potentially, yes – if they submit an in-time application to extend or vary their permission before their current visa expires. In many cases, this means they will continue to have permission to work during processing of their application (often referred to as “Section 3C leave”). You must obtain confirmation via the Employer Checking Service (using the application reference) and keep the ECS response on file to maintain your statutory excuse.
Need help strengthening your sponsor compliance?
Sussex Immigration Services advises employers on sponsor compliance and Right to Work processes—helping you reduce the risk of civil penalties, improve outcomes on Home Office audits, and deal with sponsor-licence action. Typical support includes:
- Right to Work process reviews (including file sampling and record-keeping templates)
- Sponsor-licence compliance audits and action plans
- Support with sponsoring a worker (licence applications, CoS processes, and SMS reporting)
If you would like a quick compliance health-check, or you need urgent advice before or after a Home Office visit, please get in touch to book an initial consultation.