Are Your Right to Work Checks Putting Your Sponsor Licence at Risk?
Of all the duties required of a UK sponsor, one stands above the rest in its importance and the severity of the penalties for failure: the duty to prevent illegal working. Conducting correct and consistent Right to Work (RTW) checks is the cornerstone of immigration compliance. For the Home Office, a failure to get this right is not just an administrative error; it is a fundamental breach of trust that can, and frequently does, lead to the revocation of a sponsor licence.
Many businesses believe they are compliant, only to discover during a Home Office audit that their processes are flawed. This article explains the critical elements of a compliant RTW check and the common failures that can place your entire business in jeopardy.
What is a Compliant Right to Work Check?
A compliant RTW check is a three-step process that must be completed before an employee commences employment.
- Obtain: You must obtain the employee’s original, acceptable documents that prove their right to work in the UK.
- Check: You must check that the documents are genuine and that the person presenting them is the rightful holder, in the presence of the holder.
- Copy: You must take a clear copy of the documents, store it securely, and record the date of the check.
For many migrant workers, this process can now be completed online using the Home Office’s digital checking service. However, the core principles remain the same: you must verify the individual’s right to work before they start their job and retain evidence of having done so.
The Most Common Right to Work Failures
Home Office compliance officers are trained to spot specific failures in RTW processes. These are the errors that most frequently lead to enforcement action:
| Failure | Why It’s a Critical Breach |
|---|---|
| 1. Checks Conducted After Employment Starts | The check must be completed before the employee’s first day of work. A check performed even one day late is not a valid statutory excuse against a civil penalty. |
| 2. Missing Checks for Certain Employee Groups | Many employers focus only on migrant workers, but you must check every single employee, including British citizens. Gaps in your records for any group of staff will be identified as a systemic failure. |
| 3. Failure to Conduct Follow-Up Checks | For employees with time-limited permission to work (such as those on a visa), you must conduct a follow-up check shortly before their current permission expires. Failure to do so is a common trigger for illegal working. |
| 4. Incorrect Document Verification | Simply taking a copy of a passport is not enough. You must verify that the document appears genuine, that the photo is a true likeness of the individual, and that the dates of birth are consistent. |
| 5. Incomplete Record-Keeping | The copy of the document you retain must be clear and legible, and you must record the date the check was performed. Failure to date the check is a surprisingly common and costly error. |
The Consequences: More Than Just a Fine
If the Home Office discovers you have employed someone without the right to work and you cannot produce evidence of a compliant RTW check, the consequences are severe:
- Civil Penalty: You can be fined up to £60,000 per illegal worker.
- Sponsor Licence Revocation: For a licensed sponsor, employing an illegal worker is a mandatory ground for revocation. The Home Office will almost certainly revoke your licence.
- Criminal Prosecution: In the most serious cases, you could face criminal charges, leading to unlimited fines and even imprisonment.
- Reputational Damage: Being publicly named as an employer who has failed to prevent illegal working can cause significant damage to your brand and client relationships.
How to Protect Your Business: Building a Watertight Process
Given the stakes, a casual approach to Right to Work checks is not an option. You must have a robust, non-negotiable process.
- Create a Written Policy: Have a clear, written RTW policy that all HR staff and hiring managers are trained on.
- Integrate it into Onboarding: Make the RTW check a mandatory, non-negotiable step in your onboarding process. No employee should be added to payroll without a completed check on file.
- Use a Centralised System: Whether digital or physical, maintain a central, secure system for storing all RTW records.
- Implement a Follow-Up Diary: For employees with time-limited permission, use a reliable diary system to flag upcoming visa expiries, ensuring you have ample time to conduct follow-up checks.
- Conduct Regular Audits: Perform your own internal audits of your RTW records to identify and correct any gaps or errors before the Home Office does.
In Conclusion
Your Right to Work check process is your first and most important line of defence in immigration compliance. It is the area where the Home Office shows the least tolerance for failure. A single missing or incorrect check can be the thread that unravels your entire sponsor licence.
Don’t risk your sponsor licence
If you are not 100% confident in your Right to Work processes, you are exposing your business to unacceptable risk. Contact our compliance team for an urgent review of your procedures.
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Author
Tochi Okoronkwo
Tochi is an OISC certified immigration adviser with expert knowledge of UK Immigration Law and a genuine desire to make your immigration journey as smooth and stress-free as possible.
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