Wednesday 6 May 2026

On 8 April 2026, the Home Office published updated sponsor guidance introducing a significant and unannounced expansion of right to work obligations for sponsor licence holders.

What has changed?
The sponsor guidance now states that sponsors must carry out compliant right to work checks not just for any individual they wish to sponsor or employ, but also for any individual they ‘directly engage’, before that individual starts work.

Why this is significant for sponsors
The updated guidance therefore confirms that right to work duties for sponsors now extend beyond sponsored employees, sponsored self-employed individuals and direct employees, to any individual a sponsor directly engages. The term ‘directly engages’ has not been defined in the guidance, however it may capture a broader range of working relationships, potentially including:

• LLP members and partners;
• consultants and self‑employed contractors; and
• other non‑traditional, non-employed or contingent workers.

The updated guidance therefore materially widens the right to work obligations embedded within sponsor duties. It goes beyond the checks required under the statutory right to work regime, which currently only applies to employees.

This widened approach appears to anticipate parts of the expanded illegal working framework, which, while included in legislation in December 2025, is not expected to be in force until Autumn 2026. Note that as the wider legislative framework has not yet been expanded, we understand that civil penalties cannot be imposed for failures to conduct checks on non-employees. However, a failure to conduct right to work checks on required individuals may still be a breach of sponsor duties.

Increased compliance risk
Failure to carry out prescribed right to work checks – including follow-up checks where required – is expressly a breach of sponsor duties and could therefore result in compliance action being taken against the sponsor licence, including possible revocation.

There are no transitional arrangements included in the updated guidance, raising uncertainty over whether the expanded regime applies to those engaged by sponsors prior to 8 April 2026.

What sponsors should do now
Businesses that hold a sponsor licence should:

• review which categories of individuals engaged from 8 April onwards may be regarded as ‘directly engaged’, as per the above-listed worker types;
• assess whether current right to work processes are suitably calibrated to capture not only direct employees, but also all relevant non-employed worker categories in future; and
• ensure records of all future right to work checks conducted on all relevant workers meet Home Office requirements.

Sponsor compliance services
LDI offers a range of sponsor compliance services, flexibly available individually or as a bundle.

Increased Home Office compliance action makes it essential for sponsors to ensure their business is compliant. As a market leader in immigration risk mitigation, LDI provides a bespoke, client-focused and responsive approach.

Our compliance services support sponsors by strengthening their practices and providing reassurance to businesses. We identify specific risk areas and provide solutions to ensure compliant licences and robust practices through easy to implement strategies.

Get in touch
If your HR team requires assistance understanding these changes, contact your assigned LDI lawyer or our Enquiries team at enquiries@lauradevine.com, and we will be pleased to discuss how we can help.