On 8 April 2026 the Home Office updated the sponsor guidance, expanding the scope of right to work checks for sponsors to include workers who are not direct employees ‘or any worker [a sponsor] otherwise wishes to employ or directly engage’. This additional wording is unclear and further clarification is being sought.
Separately, a new consultation was launched on 15 April 2026 seeking employers’ views on a new draft Code of Practice on avoiding unlawful discrimination while preventing illegal working. The draft Code, published on the same date, contains an expanded definition of ‘employer’ to include a person who employs an individual:
This new definition is in line with the proposed changes to expand the right to work scheme to non-employees, announced last year. The draft Code indicates that the proposed changes will come into effect for all employment commencing on or after 1 October 2026, plus repeat checks for existing workers on or after this date. The consultation seeks views on proposed amendments to the Home Office Code of Practice for employers on avoiding unlawful discrimination while preventing illegal working and runs to 29 April 2026.
Updated sponsor guidance: on 8 April 2026, the Home Office updated the sponsor guidance, expanding the scope of right to work checks for sponsors. The new guidance states sponsors must (new additional wording in bold):
You must check that any worker you wish to sponsor (including a worker who is not your direct employee), or any worker you otherwise wish to employ or directly engage, has permission to enter or stay in the UK and can do the work in question before they start working for you.
Clarification is being sought on the meaning of the new sponsor guidance, specifically in relation to what is meant by ‘employ or directly engage’.
Further consultation on right to work: a consultation on the proposed expansion of the right work scheme was launched on 15 April 2026 seeking employers views on a new draft Code of Practice on avoiding unlawful discrimination while preventing illegal working which was published on the same date. The consultation runs to 29 April 2026.
The draft Code contains an expanded definition of ‘employer’ to include a person who employs an individual:
A new definition of ‘worker’ in the draft Code refers to any individual employed by an employer in any of the working arrangements set out in the above definition of ‘employer’.
These proposed changes are in line with the content of the previous right to work consultation on extending right to work checks to the ‘gig economy’ to prevent illegal working, which closed on 10 December 2025.
Importantly, the draft Code specifies that the new changes will come into effect for all employment commencing on or after 1 October 2026, as well as to repeat checks on existing workers required on or after that date.
New right to work guidance: further guidance on the expansion of the right to work scheme is to be published shortly and in good time before 1 October 2026. Whilst the Government has indicated that these may come out in June 2026 this has not been confirmed.
How to prepare for these changes
Employers should prepare for the upcoming changes now by:
For a deeper discussion on the above, including how to respond to the new consultation, please reach out to Vialto’s dedicated UK Immigration Compliance team at immigrationcompliance@vialto.com, your Vialto Partners point of contact, or alternatively:
Lyudmyla Davies
Partner (Solicitor)
Ian Robinson
Partner
Andrea Als
Director (Solicitor)
Kate Gamester
Manager (Solicitor)
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