Right to Work Checks for Skilled Workers: A Guide for Sponsor Companies
Employers must carry out compliant Right to Work (RTW) checks on their staff before employment begins. Failure to do so can result in civil penalties and if you are a sponsor, revocation of your sponsor licence.
This guide explains how UK employers should conduct right to work checks, particularly when employing Skilled Workers.
1. What Is a Right to Work Check?
A Right to Work check is the process by which an employer confirms that a person is legally permitted to work in the UK. If carried out correctly, the employer obtains a statutory excuse, protecting them from a civil penalty if the worker is later found to be working illegally.
⚠️ A Right to Work check must be performed on all staff, including British citizens, not only on migrants or those sponsored. It must be done before their first day ofemployment.
2. Steps to perform a Right to Work Checks
There are different methods depending on the worker’s circumstances as follows:
Home Office online right to work check (for non-British and non-Irish citizens):
1. Ask the worker to generate a share code via the Home Office online service. Migrants must create an eVisa account and cannot rely on passport vignettes. Once their eVisa account is created, a share code can be obtained here: https://www.gov.uk/prove-right-to-work/get-a-share-code-online
Once the worker gives you their share code, you must visit the official Right to Work check portal: https://www.gov.uk/view-right-to-work
Enter the share code and the worker’s date of birth to generate their RTW report
Verify these details: Photograph matches the individual; Type of permission; Work restrictions (if any); Expiry date (if applicable)
Retain a PDF or screenshot of the report showing date of check and confirmation of right to work
⚠️ You must check the individual is allowed to perform the specific role and hours being offered.
Employer Checking Service (ECS) via the GOV.UK website:
Used when:
The individual has a pending visa application
They have an outstanding appeal or administrative review
They cannot provide documents or online proof
The Home Office issues a Positive Verification Notice (PVN), which provides a statutory excuse for 6 months. Employers must follow the steps on the GOV.UK website for this service: https://www.gov.uk/employee-immigration-employment-status
Manual Document Check (for British and Irish citizens and those having the right of abode in the UK):
Obtain the original document proving citizenship or right of abode
Check documents are genuine and belong to the person
Copy and retain with date of check recorded
3. Special Considerations for Skilled Worker Sponsors
If you hold a sponsor licence, you have additional compliance duties, which include:
✔ Conduct RTW check before employment starts
✔ Repeat checks for time-limited visas before expiry
✔ Monitor visa expiry dates with reminders in place
✔ Keep compliant records for audit
⚠️ Failure to do so can lead to a civil penalty, licence suspension or revocation, and/or curtailment of sponsored workers' visas
4. When Must Repeat Checks Be Done?
Repeat checks are required where the worker has time-limited permission.
For example:
Skilled Worker visa valid until 2028 → Repeat check before expiry
If the worker applies to extend before expiry → You may need ECS verification
If the worker obtains indefinite leave to remain (ILR), a follow-up check confirming settled status is needed
⚠️You must keep copies securely for the duration of employment and two years after employment ends.
5. Common Mistakes Employers Make
❌ Not conducting the RTW check before the employee’s first day of work
❌ Relying on expired BRPs without using the online system
❌ Failing to check work restrictions (e.g. 20 weekly hours for students)
❌ Not recording date of check
❌ Not diarising visa expiry dates
❌ Assuming a Certificate of Sponsorship replaces a right to work check (it does not)
6. Penalties for Non-Compliance
Under the Immigration, Asylum and Nationality Act 2006, penalties may include:
Civil fines (up to £60,000 per worker)
Criminal prosecution (if knowingly employing illegal worker)
Sponsor licence downgrade, suspension or revocation
Business reputational damage
Loss of ability to sponsor Skilled Workers
7. Why Professional Advice Matters
Right to Work compliance overlaps with sponsor duties. Errors often arise during:
Extension applications
Changes of role
TUPE transfers
Business acquisitions
Promotion of sponsored workers
Transition to settlement
A proactive compliance audit can prevent costly enforcement action.
Need Advice on Right to Work Checks?
If you are an employer or sponsor of Skilled Workers and want to ensure your Right to Work procedures are fully compliant with current Home Office guidance, at Outpost we can assist you with:
Sponsor licence ongoing compliance
Advice on RTW procedures
HR staff training
Mock Home Office audits
Contact our immigration team today to protect your business and maintain your sponsor licence.