All UK companies need to act now, if they want to avoid the liability that will arise if they are found to be employing someone illegally including fines up to £40,000 per worker for first offence and £60,000 per worker for repeat breaches within three years. This means that processes will need to be updated, and employees will need to be trained to ensure they are meeting the new requirements.

What is changing?

The change comes from section 48 of the Border Security, Asylum and Immigration Act 2025, which amends the Immigration, Asylum and Nationality Act 2006. Until now, the duty to carry out right to work checks has mainly applied to traditional employees. From 1 October 2026, that duty widens considerably.

The definition of employer is being expanded. It will now cover a person who engages an individual under a worker’s contract, an individual sub-contractor, and a person found through an online matching service, such as a gig economy or delivery platform. In each case, the business will need to check that the individual has the right to work in the UK before they start work, in the same way it already does for direct employees.

Who is affected?

The changes are particularly relevant to businesses using gig-economy labour and flexible working arrangements, including those in construction, food, courier services, beauty and warehousing. The government’s consultation response highlights the different operational pressures facing businesses that rely on contractors, agency labour, seasonal workers and self-employed individuals.

Simply describing someone as “self-employed” should not be treated as the end of the assessment. Businesses should examine the nature of the relationship and how the work is actually delivered, rather than relying solely on contractual labels.

Could your business be liable for someone it does not directly employ?

A new form of extended liability is also being introduced. Under a subcontracting chain, a business further up the chain can be held responsible if a worker further down the chain does not have the right to work, even where there is no direct contract between them. The same principle applies to online matching services, and to arrangements where a worker is allowed to substitute someone else to do the work in their place. This is designed to close a gap that allowed some businesses to distance themselves from the hiring practices of their suppliers.

However, this does not mean that every business buying services from another company automatically becomes responsible for that company’s workforce. The distinction between a business subcontracting service it has agreed to deliver and an end customer purchasing services for its own operations is important. The contractual structure must be assessed carefully.

How can businesses protect themselves?

For direct employment relationships covered by the scheme, completing the prescribed right to work check before work starts can establish a “statutory excuse”: a defence against a civil penalty if the individual is subsequently found to have been working illegally. A missing or defective check does not, by itself, mean that a civil penalty is payable. The penalty is applicable is only where illegal working has occurred and then the business needs a valid defence.

Extended liability for subcontracting relationship requires a different approach. The new requirements include contractual safeguards addressing right to work checks, restrictions on further subcontracting without written consent, audit rights, enforcement provisions and cooperation with Home Office investigations. A generic promise that a supplier will “comply with immigration law” will not be treated as sufficient without checking the prescribed requirements and the contract should contain specific terms.

Businesses must also have proportionate identity-verification processes to establish that the person doing the work is the person whose right to work was checked. These arrangements must operate in practice and clear line of responsibility for the checks needs to be established.

What should you do to protect yourself?

Businesses should not wait for the deadline to arrive. Our advice is to address the changes in two separate exercises:

• Direct responsibility for workers. A sensible starting point is to map every way that individuals carry out work for the business, not just those on payroll. This should include agency staff, contractors, subcontractors, casual workers, and anyone engaged through an online platform.
• Extended liability and subcontracting chain. Businesses should work out where the direct contractual relationship sits, and where they might face extended liability further up a supply chain. New contracts from 1 October 2026 with agencies, suppliers, and subcontractors should be reviewed and updated to include the right clauses, audit rights, and controls over further subcontracting.
• Additional training and record keeping. HR teams and hiring managers should be trained on the new categories of worker and the checks that go with them, as well as where the checks are required as part of the subcontracting relationship. Evidence of checks should be stored consistently, so that a statutory excuse can be demonstrated on request and an audit request from a client can be satisfied.
• Digital checks. Businesses using digital identity-checking services should also review their providers. From October, where an employer chooses to use a digital verification service provider for the relevant checks, the provider must be government-registered for Right to Work. The reforms do not mean that every business must purchase a digital checking service.

Final thoughts

The changes represent a real shift in how the government expects businesses to manage their workforce and their supply chains. Immigration compliance is moving from a routine HR task to a matter of wider corporate governance. Businesses that rely on contractors, agency staff, or platform-based labour have a limited window before 1 October 2026 to get their house in order.

If you would like advice on how these changes affect your business, please get in touch with Sherrards’ immigration team.

With major reforms to right to work compliance coming into force from 1 October 2026, now is the time for organisations to review their workforce arrangements, supply chains and internal processes to ensure they are prepared. As always, our immigration team continues to monitor these developments closely and is on hand to help clients navigate the changing landscape with practical, commercially focused advice.

 

Recent Engagements

In June, Nelli Shevchenko represented Sherrards at the American Immigration Lawyers Association (AILA) Annual Conference in San Diego, one of the world’s leading immigration law conferences. Speaking as part of the Global Migration Section, Nelli joined fellow international practitioners to discuss “How to Ethically Attract Clients and Keep the Welcome Mat Out in an Anti-Immigration Era”, exploring the professional and ethical considerations facing immigration lawyers in an increasingly complex global landscape.

During the conference, Nelli was also recognised at the inaugural Immies Awards, receiving the Against All Odds Award in recognition of her commitment to the immigration profession and her work supporting businesses and individuals through complex immigration matters.

Earlier in June, Nelli also joined AllAboutLaw and BPP Law School as a guest speaker for their Lunch & Learn series. Speaking alongside Louis MacWilliam of Truth Legal and chaired by Mamta Ondhia of BPP Law School, Nelli gave students an insight into life as an immigration lawyer, discussing the realities of day-to-day practice, the range of clients and matters immigration lawyers advise on, and the skills needed to build a successful career in this specialist area.

 

IMPORTANT FOR ALL UK EMPLOYERS: Right to work checks – significant expansion from 1 October 2026

A wide-ranging update to the right to work regime will take effect from 1 October 2026. Employers in the UK should expect to update policies, contracts and internal processes well in advance.

Under section 15 of the Immigration, Asylum and Nationality Act 2006, it is unlawful to employ an adult who does not have the right to work in the UK. A compliant right to work check continues to provide a statutory excuse against a civil penalty. However, from 1 October 2026, the Border Security, Asylum and Immigration Act 2025 (in particular, section 48) expands the scope of the civil penalty regime and broadens the concept of “employment”. A draft code of practice published on 1 July 2026 sets out the new scheme and the updated approach to statutory excuses.

What is changing in practice?

The changes are intended to capture working arrangements outside traditional employment and extend civil penalty exposure through certain contractual chains.

In particular, the draft code introduces a new section 14A (to be inserted into the 2006 Act) which treats the following as “employment” for right to work purposes:

• contracts of employment (already covered)
• worker’s contracts
• individual sub-contractors
• online matching services

Where a business is treated as employing a worker under one of these arrangements without the requisite right to work, the draft code indicates exposure to a civil penalty of up to £60,000 per worker, alongside other potential consequences (including criminal liability, closure action and sponsor licence implications).

A new section 15A also extends potential civil penalty liability beyond the party with the direct relationship in certain structures, including subcontracting chains, online matching arrangements and substitution models.

Statutory excuse against extended liability

The draft code introduces a further statutory excuse concept aimed at protecting businesses against extended liability. In summary, it is framed around prescribed requirements in four areas:

• Contractual terms and conditions (written terms in place before work starts, including specified right to work obligations and controls on subcontracting).
• Substitution controls (proportionate processes to ensure checks are carried out on substitutes and are not delegated to workers).
• Identity verification systems and processes (proportionate measures to ensure the person working is the same person whose right to work was checked).
• Digital identity verification providers (from 1 October 2026, where a digital verification provider is used, it must be registered on the Office for Digital Identities and Attributes register and specifically authorised for right to work checks).

Recommended next steps

Although the changes do not come into effect until 1 October, we advise to review your staffing, supplier, and third-party arrangements, ensuring right to work compliance across all areas of your business. Our UK immigration team is available to discuss in detail your arrangements, but in summary we advise to do the following preparatory steps:

• Map engagement models and supply chains: identify how the organisation engages workers (including contractors, individual subcontractors and any online matching models) and assess which arrangements are likely to be brought into scope.
• Update contracts and processes: prioritise template and key supplier contract updates, and update internal checking processes and training to reflect the new scheme.
• Review digital verification: if you rely on a digital verification provider, confirm it will be properly registered and authorised for right to work checks from 1 October 2026. 

 

Global Talent (Design): new endorsement pathway from 1 July 2026

From 1 July 2026, a new endorsement pathway has opened for certain applicants in the field of Design under the Global Talent route (Exceptional Talent or Exceptional Promise).

Arts Council England remains the route administrator, and the Design Business Association (DBA) assesses Design endorsement applications on its behalf. Applications are submitted to the UKVI and forwarded to the DBA for assessment.

Key requirements

Applicants should expect to provide:

• A CV showing they are a recognised leader or future leader and have a sufficient professional track record. As a guide, the DBA expects at least five years’ track record for Exceptional Talent and at least three years’ track record for Exceptional Promise. The CV must include specific dates for engagements and cover the full professional career and (if applicable) education.
• Three letters of support. Two letters must be from well-established nationally or internationally recognised Design organisations, with at least one UK-based. The third can be from another such organisation (UK or overseas) or an eminent individual.
• Up to ten pieces of evidence across at least two categories. Categories differ between Exceptional Talent and Exceptional Promise but broadly include (i) credible media recognition in the form of critical evaluations, (ii) awards, and (iii) significant appearances, publications, exhibitions or distribution in recognised contexts.

If you are interested in applying for Global Talent endorsement under this route, please contact our UK immigration team who can have a pre-assessment exploratory call with you.

 

Government concierge service and visa fees reimbursement

n 9 June 2026, the Government announced a package aimed at supporting high-growth firms to scale and attract international talent. The key elements are described as:

• a bespoke concierge service offering tiered support for promising scale-ups
• strengthened measures to attract and retain world-leading talent through the Global Talent Taskforce
• a visa fee reimbursement scheme for certain UK scale-ups
• an Office for Investment fast-track referral process for UK Expansion Worker sponsor licence applications

Our practical view

While the announcement will be welcome in principle, the practical value is limited.

The eligibility criteria for reimbursement is limited to scale-up companies in key sectors: Life sciences, Clean Energy and Digital Technology. Furthermore, the visa fee reimbursement scheme is capped (with a maximum award of £5,000 per international hire and dependants, and an overall limit on available funding). In our experience, the cap per hire is unlikely to cover the full Home Office fees and associated costs for an international hire and their dependants. We also expect the concierge service to evolve, and we await more operational detail and clear entry criteria to understand which businesses will be able to access meaningful support.

Expedited process for Expansion Worker licences is also welcome, since many of the applications currently face over 6 months processing time. The scheme is available now for eligible businesses already receiving ongoing Office for Investment support, meeting the investment criteria, and operating in one of the eight sectors identified as priorities under the UK’s Modern Industrial Strategy. If accepted for referral, processing times will be around ten working days, compared with the standard processing time of up to eight weeks. However, this is not an automatic priority service. Complex applications may revert to standard processing times.

 

Nationality applications: new priority service

On 6 July 2026, the Home Office has updated its nationality priority treatment guidance to reflect a new paid Priority Service for citizenship applications. This is a significant development for applicants seeking greater certainty on timing for British citizenship applications (naturalisation or registration).

Under the updated guidance, applicants who want a faster nationality decision may be able to use the Priority Service for an additional £500 fee. The normal expectation is a decision within 30 working days from the date of biometric submission, provided the application is suitable for priority handling and is not complex.

The Priority Service does not guarantee that an application will be approved, and it does not mean that every case will be suitable for priority processing. Cases requiring enhanced scrutiny, external checks, national security or identity enquiries, or more detailed Home Office consideration may fall outside the target timeframe.

Priority must be considered before the application is submitted. An application that has already been submitted cannot be upgraded later to the paid nationality Priority Service.

 

How we can help

If you would like to discuss any of the changes above, including preparing for the 1 October 2026 right to work updates, reviewing contractor and supply chain models, assessing Global Talent endorsement options for Design applicants, or planning the timing of a nationality application, please contact the Sherrards Immigration team.

If you’d like to sign up for future immigration alerts, please contact Nelli. 

The winners were announced live at the Americal Immigration Lawyers Association (AILA) National Conference in San Diego, California, on 17^th June 2026, where Nelli was also speaking as part of the conference Global Migration Section Forum programme.

The award honours immigration professionals who refuse to accept “no” as a final answer and demonstrate extraordinary persistence in navigating complex bureaucratic challenges to achieve successful outcomes for clients. It recognises those who go above and beyond in advocating for their clients, showing determination, resilience and an unwavering commitment to finding solutions even when the odds appear stacked against them.

Nelli’s achievement reflects her dedication to supporting clients through often complex and demanding immigration matters. Throughout her career, she has demonstrated a client-focused approach, combining technical expertise with persistence and determination to help individuals, families, and businesses navigate the UK immigration system.

Commenting on the achievement, Nelli said:

“In the past few years, we have seen immigration become more and more complex, so the ability to handle non-straightforward cases and push back against red tape is fast becoming a defining skill for any successful immigration lawyer. Not a single case is the same, and developing that skill is at the heart of what I do.

I am privileged to work with clients who place their trust in us at important moments in their lives and businesses. This award reflects not just my own work but the support of my wonderful colleagues at Sherrards, and I remain committed to finding practical solutions, however complex the challenge.”

The Immies, organised by Build Fellowship, bring together immigration professionals from around the world to celebrate excellence, innovation, and achievement across the immigration sector. The awards recognise individuals and organisations that have made a significant impact through their work and commitment to clients.

Sherrards is proud to see Nelli’s hard work and dedication recognised on an international stage and congratulates her on this well-deserved achievement. The firm’s Immigration team continues to advise individuals, families and businesses on a wide range of UK immigration matters, including visa applications, sponsorship, settlement and citizenship matters.

To find out more about Nelli’s expertise or to discuss your immigration requirements, please contact Nelli Shevchenko or a member of the Sherrards Immigration team.

Planning to get married in the UK?

If you are not a UK or Irish citizen and you want to get married or register a civil partnership in the United Kingdom, you will almost certainly need a visa before you travel. Two visas are often confused with each other: the Marriage Visitor Visa and the Fiancé(e) Visa.

They might sound similar as both allow you to come to the UK and have a wedding ceremony, but they are designed for very different situations. Choosing the wrong one can cause serious problems, including being refused entry, having to leave the UK immediately after your wedding, or damaging your chances of getting a UK visa in the future.

This guide explains both visas, highlights the key differences, and helps you understand which one is right for you.

 

The most important question Do you plan to live in the UK after your wedding? If yes, you need the Fiancé(e) Visa. If no, while you are coming just for the ceremony and will return home afterwards, you need the Marriage Visitor Visa.

 

The Marriage Visitor Visa

The Marriage Visitor Visa is for people who want to come to the UK to get married or register a civil partnership and then leave once the ceremony is done.

Think of it like a standard tourist visit, but with a specific purpose: your wedding. You are not planning to stay in the UK long-term. You might live abroad with your partner, or your partner might be planning to move to your country. The UK is simply the venue for the ceremony.

Who is it for?

This visa suits you if:

• Your partner is a UK citizen or lives in the UK, but your long-term home will be outside the UK
• You want to get married at a UK venue but will return home (or travel elsewhere) after the wedding
• You have no plans to live in the UK

What you can and cannot do on this visa

You are allowed to:

• Enter the UK for up to 6 months
• Get married or register a civil partnership at a licensed venue
• Give formal notice of your intention to marry at a UK register office
• Do the things any visitor can do, such as sightseeing, visiting family, etc.

You are not allowed to:

• Work
• Claim any benefits or public funds
• Study for more than 30 days
• Stay in the UK beyond your visa expiry
• Apply to stay in the UK on a different visa while you are here

 

Important: You cannot switch visas from inside the UK One of the biggest mistakes people make is coming to the UK on a Marriage Visitor Visa and then trying to stay once they are married. This is not allowed. If you want to live in the UK after your wedding, you will need to leave the UK and apply for a Spouse Visa from your home country. This costs extra time and money, and could have been avoided by applying for the Fiancé(e) Visa in the first place.

 

What does it cost?

The application fee is £135 (as of May 2026). There is no requirement to show a minimum income, and no English language test.

What happens if I am refused?

Unfortunately, if the Home Office refuses your Marriage Visitor Visa, you generally do not have the right to appeal to an independent court. You may be able to challenge the decision through judicial review, but this is complex and expensive. This is another reason to get your application right the first time and seek legal advice if you are unsure.

 

The Fiancé(e) Visa

The Fiancé(e) Visa is for people who are not yet married but plan to come to the UK, get married, and then stay in the UK to build a life together with their partner.

It is the first step in a longer immigration journey. After you arrive and get married (or register a civil partnership), you apply to switch to a Spouse Visa from inside the UK. That Spouse Visa then puts you on a path towards permanent residence and eventually British citizenship if you choose.

Who is it for?

This visa suits you if:

• You and your partner plan to live together in the UK after your wedding
• Your partner is a British citizen, or has permanent residence (settled status) in the UK
• You are not yet married at the time of your application

What you can and cannot do on this visa

You are allowed to:

• Enter the UK for up to 6 months
• Get married or register a civil partnership
• Apply to switch to a Spouse Visa from inside the UK after the ceremony

You are not allowed to:

• Work (this right comes only after you switch to the Spouse Visa)
• Claim benefits or public funds
• Study (until you switch to the Spouse Visa)
• Stay beyond your 6-month visa without applying to switch

 

You must get married within 6 months The Fiancé(e) Visa is only valid for 6 months, and you must get married and apply to switch to a Spouse Visa before it expires. If the wedding is delayed for any reason and your visa runs out, you will generally have to leave the UK and start again. Plan your timeline carefully.

 

The financial requirement — does your partner earn enough?

This is one of the biggest hurdles for many couples. Under the current rules, your UK-based partner (the ‘sponsor’) must earn at least £29,000 per year (as of May 2026). If they do not earn that much from employment, they may be able to use savings instead, that is at least £88,500 in savings held for at least six months, or a combination of income and savings.

This requirement does not apply if your partner receives certain disability-related benefits, in which case a different (and more flexible) test applies.

If your partner’s income is close to, but just below, the threshold, it is worth speaking to an immigration solicitor, as there may be ways to meet the requirement that are not immediately obvious.

The English language test

Unlike the Marriage Visitor Visa, the Fiancé(e) Visa requires you to prove a basic level of English. You need to pass a speaking and listening test at CEFR A1 level. This is a very basic level and roughly equivalent to being able to introduce yourself and understand simple questions.

You may be exempt if you are a national of a country where English is the main language (such as the USA, Australia, or Canada), or if you hold a degree that was taught in English.

What does it cost?

The Fiancé(e) Visa itself costs £2,064 (as of April 2026). But you should also budget for the next step: switching to a Spouse Visa after your wedding. That costs a further £1,407 in Home Office fees, plus the Immigration Health Surcharge (which allows you to use the NHS) of approximately £2,587.50 for a 30-month visa. In total, the two-stage process costs roughly £6,000 or more in fees alone, before legal costs.

What happens if I am refused?

If your Fiancé(e) Visa is refused, you do have the right to appeal to an independent tribunal, the First-tier Tribunal (Immigration and Asylum Chamber). This is a more accessible form of challenge than is available under the Marriage Visitor route, though it still takes time and may involve legal costs.

The path to settlement

One of the biggest advantages of the Fiancé(e) Visa over the Marriage Visitor Visa is that it starts you on a clear path to permanent residence. Here is how the journey typically looks:

Fiancé(e) Visa  (6 months)  →  Spouse Visa  (30 months)  →  Extension  (30 months)  →  Indefinite Leave to Remain  →  British Citizenship (optional)

After five years on this route (roughly two and a half years on the first Spouse Visa plus two and a half years on the extension), you can apply for Indefinite Leave to Remain (ILR), which is permanent residence. After a further period (depending on your then situation), you may be eligible to apply for British citizenship.

 

Quick Comparison

	Marriage Visitor Visa	Fiancé(e) Visa
What is it for?	Getting married in the UK, then going home	Getting married in the UK and staying here long-term
How long can I stay?	Up to 6 months	Up to 6 months
Can I stay after the wedding?	No — you must leave the UK	Yes — you switch to a Spouse Visa from inside the UK
Can I work?	No	No (yes once you switch to Spouse Visa)
Does the sponsor need a minimum income?	No formal requirement	Yes — £29,000/year (or £88,500 in savings)
English language test needed?	No	Yes — basic level (A1)
Application fee (approx.)	£135	£2,064
Can I appeal if refused?	Generally no (judicial review only)	Yes — to an independent tribunal
Does it lead to settlement (ILR)?	No	Yes — after 5 years via Spouse Visa

 

 

Common Mistakes to Avoid

Mistake 1: Using the Marriage Visitor Visa when you plan to stay The most common mistake. If you intend to live in the UK after your wedding, even if that plan forms only after you arrive, the Marriage Visitor Visa is the wrong choice. You cannot switch to a Spouse Visa from inside the UK using this route. You will have to leave and apply from abroad, adding months and significant cost to your plans.

 

Mistake 2: Not checking the financial requirement before applying Many Fiancé(e) Visa applications are refused because the sponsor’s income is below £29,000. Check this carefully before applying. If the income is borderline, get proper advice on whether savings or other permitted sources can make up the shortfall.

 

Mistake 3: Leaving the wedding too late on a Fiancé(e) Visa The 6-month clock starts the moment you arrive in the UK. If you have not married and applied to switch to a Spouse Visa before the visa expires, you may be required to leave. Book your ceremony well in advance and allow time for the in-country switch application to be submitted before your visa runs out.

 

Mistake 4: Thinking a standard visitor visa is enough A standard visitor visa does not allow you to get married or give legal notice of marriage in the UK. Even if you already hold a valid visitor visa, you must apply for a Marriage Visitor Visa (or Fiancé(e) Visa) if you intend to undergo a legally recognised ceremony.

 

Is There a Cheaper Alternative?

Some couples choose to get married abroad, for example, in the applicant’s home country, and then apply for a Spouse Visa to join their partner in the UK. This avoids the two-step cost of the Fiancé(e) Visa route (visa + subsequent Spouse Visa switch) and means the applicant arrives in the UK already legally married, with an initial grant of 33 months.

Whether this option is practical will depend on your personal circumstances, the laws of the relevant country, and how quickly you want to be together in the UK. It is worth discussing with an immigration solicitor.

Do I Need a Solicitor?

Strictly speaking, you are not required to use a solicitor to apply for either of these visas. However, given the financial stakes, the strict documentary requirements, and the potential long-term consequences of a refusal, many couples find professional advice well worth the cost.

If you need help, please contact our Immigration team. We can help you choose the right visa, gather the right evidence, prepare a strong application, and avoid the common pitfalls that lead to refusals.

• Introduction of the eligible role test. The previous “genuine vacancy” requirement has been replaced with a broader eligible role test, applying across all sponsored routes. Roles must genuinely exist and be sustainable, match the duties, responsibilities and details on the Certificate of Sponsorship (“CoS”), meet all skill, salary and regulatory requirements, and be appropriate to the organisation’s business model and financial position. Failure is a mandatory ground for licence refusal or revocation.

 

• Increased scrutiny on salary compliance. Sponsors must ensure salaries are genuine, not artificially inflated, and financially sustainable relative to business turnover. From 8 April 2026, sponsored workers must be paid at or above the required salary in monthly or less frequent pay periods (or as otherwise specified in their contract), and the salary must meet the going rate for the occupation code for each hour worked during each pay period. The averaging window has tightened from 12 months to any 3-month period (monthly or less frequent pay), and from 12 months to any 12-week period (more frequent than monthly). UKVI has simultaneously expanded data-sharing with HMRC and Companies House, enabling digital compliance audits (often without notice) and allowing underpayment to be identified far more quickly.

 

• Greater emphasis on CoS accuracy. Strict alignment is now required between the CoS and the worker’s actual role. Job description, occupation code, duration and duties must accurately reflect reality; permitted changes must be reported within 10 working days; and mismatches or reporting failures are mandatory grounds for revocation.

 

• New worker welfare obligations. Sponsors must actively promote and evidence worker welfare by providing information on the National Minimum Wage and working time rules, statutory leave, pay and pension auto-enrolment and opt-outs, health and safety and equality rights, and trade union rights and grievance procedures. Evidence that this information has been provided must be retained in line with record-keeping duties under Appendix D.

 

To find out more contact Nelli Shevchenko, or the Immigration team. 

All UK employers have a statutory duty to prevent illegal working. A compliant RTW check carried out before employment begins provides a statutory excuse against any civil penalty if illegal working is later identified. There is generally no standalone penalty for failing to carry out a check in isolation. The exposure becomes a real risk only when illegal working is discovered and no statutory excuse is available. The illegal working regime currently applies to employees under a contract of employment, service or apprenticeship, but this is set to expand to cover a broader category of “workers”.

Sponsors have always been held to a higher standard, and recent updates published on 6 March 2026 to the Sponsor Guidance raise the bar materially. Sponsors must now check the RTW of anyone they wish to sponsor (whether directly employed or not) and any worker they wish to employ or ‘directly engage’, including British citizens and settled workers. Depending on the working model, that potentially brings into scope self-employed contractors, consultants, subcontractors, casual staff and other individuals.

The phrase “directly engage” is critical for the rule’s interpretation but frustratingly remains undefined. The UKVI Guidance is inconsistent in its terminology, creating ambiguity and particularly around agency labour, which may fall outside the requirement if not “directly engaged”, though the wording does not clearly resolve the point.

The updated Guidance does not say the expanded expectations only apply once wider statutory reform commences, or even from the date the Guidance took effect. The Home Office appears to expect compliance now, under sponsor duties, even though wider legislative reform has not yet taken effect. That leaves sponsors in an uncomfortable position: they may be judged against standards that were not clearly articulated when earlier engagements took place.

A compliant RTW check must be carried out before engagement begins. It cannot be recreated retrospectively. A present-day status check is better than nothing and evidences current mitigation, but it cannot cure a historic gap. As a result, timely updates to the existing systems are required by the sponsors.

Failure to meet sponsor duties can result in licence downgrading, suspension or revocation, adverse outcomes at Home Office compliance visits, and increased scrutiny of historic RTW checks (via Home Office online records) during licence applications and audits. Critically, the updated Guidance means that the Home Office can take compliance action where there is a reasonable suspicion of non-compliance, rather than requiring actual evidence of it.

 

To find out more, contact Nelli Shevchenko or the Immigration team. 

Employment Law

Amongst other new obligations, it brings into sharper focus an issue that employment lawyers have long recognised: good employment practice and sponsor compliance are not mutually exclusive. For UK businesses, the two are now expressly linked.

The March 2025 updates to the sponsor guidance (Part 1, paragraphs L2.6 and L2.7, and Appendix D, paragraph 5(l)) require sponsors (employers) to inform sponsored workers of their UK employment rights— and to keep evidence of this. The Home Office has made  it clear: this duty goes beyond issuing a written statement of employment particulars under section 1 of the Employment Rights Act 1996. Sponsors must ensure that workers genuinely understand all their UK employment law rights.

What does that actually mean?

 

Core Employment Law Obligations

UK employment law is contained within multiple statutes, spanning across various legislation, and several obligations are relevant here:

 

1. Written Statement of Employment Particulars — Employment Rights Act 1996, s.1

Employers must provide all employees and workers with a written statement of their principal employment terms on or before their first working day, including pay, hours, holiday entitlement, notice periods, job title and workplace, among others. This is a day-one right. For sponsored workers, issuing a compliant written statement is the minimum.

 

2. Health and Safety Policy — Health and Safety at Work etc. Act 1974, s.2(3)

Employers with five or more employees must have a written health and safety policy and must bring it to the attention of their workforce. Simply making this information available (e.g. on an intranet) isn’t sufficient. For sponsored workers less familiar with UK workplace norms, active communication of this policy is key—for compliance and workers’ understanding.

 

3. Right to Join a Trade Union — Trade Union and Labour Relations (Consolidation) Act 1992, s.136A

Employers must provide workers with a written statement confirming their right to join a trade union. This can be incorporated into the written statement of particulars or issued separately. For sponsored workers arriving from jurisdictions where trade union membership is not recognised, their right may not be self-evident.

 

What Should Employers Do to ensure compliance?

The Home Office does not prescribe a single process. However, given the requirement to retain evidence of how this duty has been discharged (Appendix D, paragraph 5(l)), a structured and documented approach is essential.

 

Employers should consider:

• Reviewing onboarding processes to ensure it actively communicates employment rights, (as opposed to it being buried in offer packs or online portals).
• Updating written statements to ensure strict compliance with s.1 ERA 1996 requirements, including the trade union statement under TULRCA 1992.
• Producing clear employment rights summaries —as a standalone document, a section in the staff handbook, or a well-structured onboarding email —signposting key rights & accessible resources (i.e. the Acas website and government guidance).
• Ensuring health and safety policies are actively communicated at induction, retaining signed acknowledgement on file.
• Retaining evidence of delivery — for example, signed acknowledgements, email records, or onboarding checklists — so that compliance can be demonstrated in the event of Home Office audits or compliance visits.

The Home Office sets out a broad but not exhaustive evidential framework (Appendix D, paragraph 5(l)). The key point is that sponsored workers must be informed of their rights, not merely that paperwork has been filed.

 

Why This Matters for Businesses

Failure to comply with sponsor duties – including this record-keeping requirement – can result in a downgrade of the sponsor licence rating or, even, licence suspension or revocation. Therefore, cutting corners is not a viable strategy.

Equally, the employment law obligations underpinning this duty are not new. Section 1 ERA 1996 stipulates an employee’s right to bring tribunal claims for failure to provide a compliant written statement, and tribunals can award additional compensation where this is found alongside another claims. Getting this right protects the business on both fronts.

 

Immigration law updates

Other immigration changes to sponsor obligations include

 

1. Salary minimums to be paid monthly

From 8 April 2026, a worker must be paid the required salary or above for sponsorship in monthly or less frequent pay periods, or as otherwise specified in their contract. Salary must meet the going rate for the occupation code each hour worked during each pay period and the average salary must meet the required amount across any three-month period for monthly or less frequent pay periods, or in any 12-week period in more frequent pay periods (rather than over a year as was previously the case).

The rule is coinciding with the UKVI expanding its data sharing with the HMRC. Therefore, the main goal is to allow UKVI to assess whether a worker is being paid enough more quickly, including the fact that they do not need to wait to see if it averages out over a year.

We therefore suggest the employers to check their payment patterns and to ensure that all sponsored employees’ pay is meeting their minimum salary threshold as stated in their Certificate of Sponsorship.

 

2. Expansion of right to work obligations

The sponsor guidance has been updated in a way which materially widens the expected scope of right to work checks. It now indicates that sponsors must carry out checks where they are employing or engaging a worker, whether sponsored or not. On its face, this appears to extend the obligation beyond direct employees and into wider working arrangements, including, potentially, self-employed contractors, secondees and other non-traditional engagements.

This is a significant development. Many sponsors will not historically have undertaken right to work checks on self-employed individuals, because the current illegal working regime is generally framed around employment and does not require a statutory excuse to be established in those cases. The March 2026 sponsor guidance nevertheless now makes clear that, where a sponsored worker is engaged in a genuine self-employed capacity, sponsors must still carry out and retain evidence of right to work checks for sponsorship purposes. this is broadly in line with the government’s earlier consultation and policy direction on expanding right to work checks beyond traditional employment.

At present, however, the precise scope of this change remains uncertain. The term engaging is not defined in the sponsor guidance or the Rules, and that creates obvious ambiguity for sponsors using contingent labour or other indirect models. Pending further guidance, the prudent approach is to carry out right to work checks for all individuals providing services to the business where there is any realistic risk that the arrangement could fall within scope, including self-employed contractors, secondees and similar categories. That will not eliminate risk entirely, particularly as the position for genuinely self-employed workers sits awkwardly with the current statutory illegal working framework, but it is the clearest available mitigation against compliance action and potential licence revocation.

 

3. Duty to read sponsor guidance in full

Sponsors are now expected to take a far more active role in monitoring and understanding their compliance obligations. UKVI makes clear that sponsors must read, in full, the guidance relevant to their licence, including Parts 1, 2 and 3 of the sponsor guidance, the relevant appendices, the route-specific guidance and the glossary, and must remain aware of any updates made to those documents over time.

For Skilled Worker sponsors alone, this material runs to several hundred pages, with further guidance required where additional routes are held on the licence. Although our previous advice will have distilled the key obligations and reflected the position at the time it was provided, UKVI now places the responsibility squarely on sponsors to remain familiar with the source guidance itself and with any changes introduced, often at short notice.

In practical terms, this means ensuring that your Level 1 User logs into the Sponsor Management System at least monthly to review the message board for relevant updates, and that this forms part of your regular compliance process. Given the volume of material and the frequency with which the guidance changes, this is an area where many sponsors would benefit from structured support. We therefore recommend periodic training for HR teams, key personnel and operational stakeholders on current sponsor duties and wider UK immigration compliance obligations.

 

Recommended next steps

These changes increase the compliance burden on sponsors and make robust internal processes more important than ever. Sponsors should consider an immediate review of their employment law obligations, right to work check procedures, sponsor obligations, including whether current processes adequately cover all relevant categories of worker and whether actual pay is being monitored across pay periods, rather than relying solely on contractual salary.

It would also be sensible to review employment contracts, policies, handbooks and worker communications to ensure these reflect current immigration and sponsorship requirements.

We can support with targeted training on current sponsor duties and wider UK immigration compliance obligations, as well as sponsor licence health checks and broader compliance audits, to help identify gaps and reduce risk.

Please contact your relevant contact at Sherrards to enquire about this, or contact our Employment & Immigration team.

This article has been collaboratively written by Nelli Shevchenko, Senior Associate, Emma Peacock, Partner, and Ella Newman, Trainee, all in our Employment & Immigration team, bringing together combined expertise across both disciplines to provide a practical, joined-up perspective on these changes.

 

Recently, Nelli Shevchenko attended a techUK scale-up event where a panel of CEOs shared candid reflections on their growth journeys. One comment stood out. The CEO of a high-growth technology company said that, looking back, one of the key things she wished the business had done earlier was secure a Skilled Worker sponsor licence before entering its active scale-up phase.

Her point was simple. Growth rarely waits.

For many scale-ups, expansion is rapid and often unpredictable. New client wins, product launches, funding rounds and international expansion can all require immediate access to specialist talent. Yet obtaining a sponsor licence can take several months, particularly where the Home Office conducts a pre-licence compliance audit. If the licence is not already in place, hiring overseas talent becomes impossible at the very moment it is needed most.

Growth can stall without immigration readiness

Scale-up businesses operate in highly competitive, global talent markets. Projects cannot be paused while waiting for immigration permissions. Situations arise where a key engineer cannot start work on a major client deployment, or a portfolio/account manager is unable to relocate in time for a contract launch.

Immigration compliance is often viewed as a minor operational matter, something to address when required. However, when it becomes urgent, it can quickly turn into a structural obstacle to scaling.

There is also a transactional dimension. During investment rounds or acquisitions, immigration compliance forms part of due diligence. The investing or acquiring party will typically review right to work compliance, the presence of a sponsor licence, reporting systems and any historic immigration issues. Deficiencies can delay transactions and create reputational risk.

What is a Skilled Worker sponsor licence

A Skilled Worker sponsor licence allows a UK business to sponsor non-UK nationals under the Skilled Worker visa route. It enables the company to assign Certificates of Sponsorship to eligible employees, who can then apply for permission to work in the UK.

For scale-ups competing internationally for talent, this is infrastructure, not an administrative extra.

There is often a perception that obtaining a sponsor licence is bureaucratic and expensive. While the regulatory framework is detailed and compliance-focused, with the right advice and proper preparation the process is entirely manageable and proportionate to the commercial benefit it delivers.

Core requirements:

• Be a genuine and lawfully operating UK entity
• Have appropriate HR systems to monitor sponsored workers and meet reporting and record-keeping duties
• Appoint key personnel to manage the licence, including an Authorising Officer and Level 1 User
• Be prepared for a potential Home Office pre-licence compliance visit

Cost and duration:

The Home Office application fee is currently £574 for small or charitable sponsors and £1,579 for medium or large sponsors.

Once granted, the licence can be held indefinitely, provided compliance is maintained.

Employers must also budget for related sponsorship costs such as the Certificate of Sponsorship fee and the Immigration Skills Charge when sponsoring new hires.

For sponsored roles:

The role must meet the required skill level. The route now operates at degree level, and most technical and specialised roles within the technology sector will meet this skills threshold.

The salary must meet the applicable threshold. The general minimum salary is currently £41,700 per annum or the occupation’s going rate, whichever is higher. This figure is subject to any permitted reductions or tradeable points applicable to the individual employee, such as new entrant status for recent graduates.

Early workforce planning is therefore essential. Salary benchmarking and role structuring should be aligned with immigration requirements from the outset.

What about the Scale-up licence

Given its name, the Scale-up licence and visa route may appear particularly attractive to growing technology businesses. On the face of it, it seems designed specifically for high-growth companies.

In practice, however, uptake has been very limited. The route requires businesses to meet strict growth criteria and navigate an additional layer of evidential and procedural requirements. Many immigration practitioners and companies have found the process overly bureaucratic and disproportionate to the benefits it offers.

A number of lawyers, including Nelli Shevchenko, have undertaken detailed reviews of why the route has been rarely used in practice, together with suggestions for reform. The structural design of the route, including eligibility mechanics and limited flexibility compared to the Skilled Worker framework, has made it commercially less appealing.

Perhaps the clearest assessment came from the Migration Advisory Committee in its letter to the Home Secretary dated 17 December 2025, accompanying its annual report and salary requirements review. The Committee stated that “the government should avoid setting up routes such as the Scale-up visa given its very low uptake, unless there is a clear labour market need.”

For most high-growth technology businesses, the Skilled Worker sponsor licence remains the more practical, predictable and scalable option.

Immigration as a strategic asset

Access to talent remains one of the most significant challenges facing high-growth companies in the UK. In sectors such as AI, software engineering, cyber security and advanced data, the domestic labour market alone is often insufficient. A sponsor licence materially expands the available talent pool and allows businesses to compete globally for the skills they need.

Having a licence in place streamlines the hiring process. It enables companies to move quickly when the right candidate is identified, avoids losing talent due to sponsorship delays and provides certainty at offer stage. In fast-growth environments, that speed and flexibility can be commercially decisive.

From an investment perspective, sponsor licence readiness also signals operational maturity. Investors and acquirers increasingly scrutinise immigration compliance as part of due diligence. A properly managed licence demonstrates governance, scalability and international capability. It is not simply an immigration tool, but a growth asset.

For more details on sponsor licences, work visas or other immigration queries, please contact Nelli Shevchenko.

This article was originally published by techUK and is reproduced here with permission. You can view the original article and learn more about techUK here.

 

Airlines and ferry operators will be required to check immigration permission (such as ETA or UK visa) status before departure, and travellers without a valid ETA will be denied boarding or refused entry at the UK border. The UK Home Office has confirmed that this marks the final stage of the ETA roll-out, following more than 13 million applications processed during the phased implementation.

1. What is an ETA?

An Electronic Travel Authorisation (ETA) is a digital permission to travel to the UK for short stays. It is not a visa, but a mandatory pre-travel authorisation linked electronically to a traveller’s passport.

An ETA:

• Costs £16
• Is valid for two years, or until the passport expires (whichever is sooner)
• Allows multiple short visits to the UK within its validity period
• Can only be linked to one passport

2. Who needs an ETA?

An ETA is required for all non-visa national visitors, including citizens of:

• The EU and EEA
• The United States
• Canada
• Australia
• Japan, and other ETA-eligible countries

The requirement applies regardless of the purpose of travel, including business visits, tourism and short-term family visits.

Foreign nationals who already hold a UK visa do not need an ETA and they would hold a valid eVisa account or temporary vignette in their passport for travel.

Dual UK-Irish citizens are exempt, provided they travel using a British or Irish passport.

3. How to apply for an ETA

ETAs can be applied for:

• Via the UK ETA app on both Google Play and App Store, or
• Through the GOV.UK online portal

Most applications are approved within minutes, although travellers are strongly advised to apply at least 72 hours before departure to avoid disruption.

There is no formal right of appeal if an ETA is refused. When ETA is refused, the visitor would need to apply for a UK visitor visa in order to travel to the UK, which can take between 1-4 weeks to process.

This makes advance planning essential for both individual travellers and organisations managing international mobility.

4. Important note for UK dual nationals

The UK government has confirmed that UK or Irish dual nationals must travel to the UK using a current UK or Irish passport, or a certificate of entitlement to the right of abode. Travelling on a non-UK/non-Irish passport may result in boarding being refused.

It is not possible to apply for an ETA using a second non-UK or non-Irish passport if the traveller is a British citizen. British dual nationals are ineligible for an ETA, eVisa or other immigration permission due to their British citizenship. This is a significant change for British nationals who have historically travelled to the UK using a foreign passport from a non-visa national country.

From 25 February 2026, dual UK/Irish citizens must be able to demonstrate their exempt status at the point of departure. Transport carriers are required to check each passenger’s permission to travel before boarding, and may deny boarding where satisfactory evidence is not provided, due to the risk of carrier penalties.

Travellers who do not hold a current British passport may instead apply for a certificate of entitlement, which confirms the right of abode in the UK. However, it is not possible to hold both a valid British passport and a certificate of entitlement at the same time. The cost of a certificate of entitlement (£589) is significantly higher than a British passport (£94.50 for adults or £61.50 for children when applying online).

British citizens who are overseas and urgently need to travel may, in limited circumstances, apply for an emergency travel document. The application costs £125, and it can take at least 2 weeks to process. This can be more difficult and lengthy where a British passport has not been held for many years.

Early planning is therefore essential for UK dual nationals to avoid disruption, delays or unexpected costs when travelling to the UK.

 

To find out more, contact Nelli Shevchenko, or the Immigration team at Sherrards. 

The Home Office has launched a public consultation proposing to expand the Right to Work Scheme to cover individuals working outside traditional employment relationships. If adopted, this would bring significant compliance changes for businesses engaging self-employed contractors, gig workers and casual labour.

The proposals sit within the government’s Plan for Change and the forthcoming Border Security, Asylum and Immigration Bill, aimed at strengthening enforcement and preventing illegal working across all sectors.

What Is Changing?

Currently, the obligation to conduct right to work checks applies primarily to employees engaged under contracts of employment. Under the new proposals, this responsibility would extend to those who:

• Work under casual or zero-hours arrangements;
• Provide services as self-employed contractors or freelancers;
• Are engaged through sub-contracting or outsourcing models; or
• Operate via digital or gig-economy platforms.

Businesses in sectors such as construction, logistics, hospitality, healthcare, tech startups, and delivery services are expected to be most affected.

Failure to complete checks could result in the same civil penalties (up to £60,000 per individual) and criminal sanctions that currently apply to employers.

Why the change?

The government argues that the current regime leaves a gap that allows some businesses to use flexible labour without verifying immigration status. Extending the duty to all working arrangements aims to ensure fairness across sectors and prevent illegal working through third-party or platform-based engagements.

This is also a step toward the government’s long-term vision of a digital right to work system, eventually supported by a universal digital ID (a “BritCard”) expected later this decade.

Consultation details

The six-week consultation runs until 10 December 2025. Employers and business groups are encouraged to share their views on how the new system should operate in practice, including guidance and codes of practice to support implementation.

You can complete the questionnaire online or return the downloadable version from the website here to: righttorentandrighttowork@homeoffice.gov.uk

The responses are accepted by 11:59 pm on 10 December 2025.

Key takeaways

• The extension of right to work duties will significantly increase compliance obligations for businesses engaging non-employee labour.
• Home Office enforcement activity has already risen sharply, with illegal working visits up by more than 50% this year.
• Now is the time to review processes, update training, and ensure readiness for further reforms expected in 2026.

What your HR and Global Mobility teams should do

This is the time to prepare and participate. HR and Global Mobility teams should:

1. Review existing onboarding and vetting processes for all non-employee workers.
2. Identify potential risk areas in supply chains or outsourced arrangements.
3. Respond to the Home Office consultation by 10 December 2025 to help shape practical guidance for business; or contact Sherrards to provide your views as part of the wider consultation respond we are submitting on behalf of our clients.
4. Seek professional advice on implementing consistent right to work procedures across all workforce categories.

How Sherrards can help

At Sherrards, our specialist UK Immigration Team advises employers, HR professionals and compliance officers on all aspects of immigration and right to work duties.

We provide:

• Comprehensive compliance reviews and audit support;
• Tailored training for HR and recruitment teams;
• Advice on implementing digital right to work processes; and
• Ongoing support for sponsor licence management and Home Office visits.

To discuss how these proposed changes may impact your business, please contact us here.