UK Immigration Lawyers Compliance Support Services and the 2025 Right-to-Work Check Rules
The UK government has introduced more stringent right-to-work checks to help clamp down on illegal working.
The right-to-work check changes need to be understood by all UK employers, regardless of their size and sector. If your business holds a sponsor license, it is essential to remember that your license is at risk if you fail to comply with the latest rules governing the conduct of right-to-work checks.
In this blog, our Immigration Lawyers in London highlight the rule changes.
UK Immigration Lawyers in London and Online
For specialist immigration and sponsorship compliance legal advice, call Legal 500 featured OTS Solicitors on 0203 959 9123 or contact us online.
Do the right-to-work changes affect your business?
Many UK employers have conducted right-to-work checks for many years. Organised employers have all the systems in place to ensure that recruits can't start their employment without a right-to-work check and to ensure that the need to carry out repeat checks is recorded and acted upon.
For some employers, the rule changes introduce significant upheaval and necessitate a review of their HR systems and record-keeping. That’s because the rules, in an attempt to curb illegal working, extend the conduct of right-to-work checks to zero-hour workers and the gig economy.
The sectors most likely to be affected include the following:
- Hospitality- food delivery drivers and occasional kitchen staff
- Beauty sector including hairdressing salons, nail bars and beauticians
- Construction, with their need for gig economy workers
- Courier companies with ad hoc delivery drivers
It had previously been considered too harsh to require all employers, regardless of size, to conduct right-to-work checks on all types of employees. Government views have changed because:
- Increased focus on immigration
- The impact of illegal working on the UK economy
- Computerisation of right-to-work checks
In the past, most employees had to undergo a right-to-work check, with them providing their original passport or Work Visa as evidence of their right to work. Now, most checks are completed online, eliminating the need for cumbersome paperwork.
Key changes with the 2025 right-to-work rule changes
The key changes to the 2025 right-to-work rules are:
- Extension of rules to gig workers and zero-hour contractors.
- Changes to the list of documents for manual checks.
- The end of the use of biometric residence permits (BRPs) and the introduction of the e-Visa.
- The Ukraine Permission Extension (UPE) Scheme and its application for right-to-work checks.
What does a right-to-work check prove?
A right-to-work check confirms that a person is legally entitled to work in the UK. If a person does not have the legal right to work in the UK, there are profound implications for the individual and their employer.
If an employer conducts a right-to-work check in accordance with the rules, the check provides the company with a statutory defence to prosecution and penalty if it is later discovered that the worker did not have the right to work legally in the UK.
Employer exclusions from right-to-work checks
The government rules do not exclude employers based on their:
- Size
- Number of employees
- Sector
- Length of trading
- Lack of sponsor license
An employer must carry out the right-to-work check before the recruit starts their employment. Failure to do so could result in significant penalties. The penalties do not correlate to the size of the business or its turnover.
How many right-to-work checks are required?
The previous rules required business owners to conduct checks on all employees. However, this did not cover gig economy workers or those on zero-hour contracts. The new rules extend the coverage to more workers, but it may not be sufficient to conduct one check per worker. Some employees will require more than one check. For example, if an employee is in the UK on a Spouse Visa, they have the right to work; however, the work check will need to be repeated when they secure an extension to their Spouse Visa or obtain Indefinite Leave to Remain.
Do right-to-work checks give yes or no answers?
A right-to-work check informs an employer whether a person is legally entitled to work in the UK. However, many workers in the gig economy or on zero-hour contracts are subject to limits on their right to work. For example, an international student on a Student Visa is only allowed to work a specified number of hours. For example, some Work Visas restrict supplemental employment or prevent non-sponsored employment.
What happens if a business fails to comply with the 2025 right-to-work rule changes?
If a business fails to comply with the 2025 right-to-work rule changes, it risks these ten consequences:
- The failure to comply with the law was spotted during an inspection visit.
- Penalties for the individual worker.
- Fixed penalty for the employer.
- Potential business closure.
- Director disqualification.
- Prison sentence of up to five years.
- Loss of sponsor license through sponsor license revocation and a ban on applying for a new sponsor license for a specified period.
- Curtailment of all Skilled Worker Visas and other sponsored visas if the business's sponsor licence is revoked.
- Serious company reputational damage.
- Potential breach of contract if the company is no longer able to meet its contractual obligations, as it is unable to provide the contracted goods or services.
Fines for employing a worker without the right to work
An employer who employs a worker who is illegal risks a substantial fine:
- £45,000 for each illegal worker if it is a first offence.
- £60,000 for each subsequent offence involving an illegal worker.
Conducting a right-to-work check
An employer can conduct a check:
- Manually
- Online
- Digitally through the services of an Identity Service Provider (IDSP)
If the check is carried out correctly and repeated as required, it provides the employer with a statutory excuse or defence against liability.
Annex A provides an updated list of documents deemed acceptable by the government for employees to use as evidence of their right to work.
For the latest Home Office guidance on the checks, click here.
Compliance Services from OTS Solicitors
The compliance team at OTS Solicitors understand that while a right-to-work check may sound relatively simple, the simplicity of the system is easily misunderstood, and even the most organised HR team can make an error. The position is even more challenging if you are a restaurant owner or courier boss unaccustomed to conducting checks on employees who don’t stay in one job for long.
Our expert UK Immigration Lawyers can support your business with:
- Right-to-work check training
- Employment law Training
- Immigration Law Training
- Key personnel Training
- Sponsor license compliance
- Sponsor Licence Management Service
- Sponsor license troubleshooting
We are happy to discuss a bespoke training package tailored to your business, ensuring you understand your obligations, the requirements for conducting right-to-work checks, and the consequences of non-compliance.
Speak to our UK Immigration Lawyers and Sponsorship Solicitors in London and Online for the expert advice you need.
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