On 20 May 2026, the Home Office published further updates to the sponsor guidance concerning Right to Work checks. These changes help to restore clarity and simplify sponsor compliance by reversing the expanded duties introduced in March/April 2026. For many sponsors, this comes as a much-needed relief from the more onerous obligations that resulted from the update.
In this article, we explore the recent updates and look ahead to what might be on the horizon for sponsors in respect of right to work checks.
The updated guidance reverses the practical effects of the changes introduced in March/April 2026, which had extended the duty for licenced sponsors for right to work checks to include workers who were “directly engaged”. The term had caused confusion and compliance challenges.
However, with the update on 20 May 2026, sponsors now benefit from clearer guidance, which confirms that checks must be carried out for:
The April 2026 update widened sponsor duties prematurely, seemingly pre-empting forthcoming legislation under the Border Security, Asylum and Immigration Act 2025. Without a sufficient lead-in time to allow employers to adjust their systems and processes, the changes caused significant disruption and concern of non-compliance with sponsor duties.
Following feedback from sponsors, the...
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