UK Sponsor Licence Duties: Right-to-Work & Record Keeping

Key facts

• Right-to-work check timing: Must be completed before day one of employment
• Record retention period: Duration of employment plus at least 2 years after it ends
• Reporting deadline (worker no-show / early end): 10 working days
• Reporting deadline (role or employer changes): 20 working days
• Skilled Worker government fee (up to 3 years): £819 from outside the UK (fee table 8 April 2026)
• Skilled Worker processing time: 3 weeks (15 working days)
• ECS Positive Verification Notice validity: 6 months
• Criminal penalty for knowingly employing illegal workers: Unlimited fine and up to 5 years' imprisonment

Overview

UK sponsors must conduct right-to-work checks on every sponsored worker before their first day and keep compliant records for a minimum of 2 years after employment ends. The Home Office can visit unannounced to verify compliance, and failures can trigger civil penalties, licence suspension or full revocation — affecting every worker you sponsor.

What are a sponsor's core legal duties under the Home Office?

Holding a sponsor licence is not a one-time administrative step. The Home Office Sponsor Guidance places four categories of ongoing duty on every licensed sponsor:

• Record-keeping — maintain specified documents for each sponsored worker.
• Reporting — notify the Home Office of certain changes within set deadlines (typically 10 or 20 working days depending on the event).
• Tracking — monitor sponsored workers' attendance, contact details and immigration status.
• Co-operating with the Home Office — allow compliance officers access to your premises and records.

Breaching any of these duties can result in a licence rating being downgraded to a B-rating, suspension, or outright revocation. If your licence is revoked, all workers on Skilled Worker or other sponsored routes linked to that licence have their permission curtailed.

For a full breakdown of the visa itself, see our UK Skilled Worker Visa 2026 guide.

How do you carry out a compliant right-to-work check?

A right-to-work check must be completed before the worker's first day of employment — not on day one, not after. There are three accepted methods:

1. Manual document check

• Obtain original documents from the List A or List B published by the Home Office.
• Check the documents are genuine, belong to the worker and show they are permitted to do the work in question.
• Copy the documents in a format that cannot be altered (e.g. a clear scan or photocopy).
• Record the date the check was made on the copy.
• Retain the copy securely for the duration of employment and for 2 years after it ends.

2. Home Office online right-to-work check

For workers with a BRP, BRC, eVisa or status under the EU Settlement Scheme, you must use the Home Office online checking service. The worker shares a code; you verify via the service. Print or save the result with the date.

3. Employer Checking Service (ECS)

Where a worker has an outstanding application or appeal, use the Employer Checking Service. A Positive Verification Notice provides a statutory excuse for 6 months.

Important: For sponsored workers specifically, the right-to-work check does not replace the additional sponsor record-keeping obligation — both apply simultaneously.

What records must sponsors keep, and for how long?

The Home Office specifies a minimum set of documents you must hold for every sponsored worker. Keep these for the duration of employment plus 2 years.

Records must be stored securely (physical or digital) and made available to a Home Office compliance officer on request — including during an unannounced visit.

What reporting duties apply and what are the deadlines?

Sponsors must report specific changes through the Sponsor Management System (SMS). Key triggers and their deadlines:

• Worker does not turn up on their first day — report within 10 working days.
• Worker is absent for more than 10 consecutive working days without permission — report within 10 working days of becoming aware.
• Worker's employment ends early — report within 10 working days.
• Significant change to the sponsored role (salary, hours, job title, location) — report within 20 working days. Note: some changes require a new CoS.
• Employer changes (new address, change of ownership, merger) — report within 20 working days.

Failure to report within these windows is itself a breach of sponsor duties, regardless of whether the underlying change would have caused any harm.

What happens during a Home Office compliance visit?

The Home Office Immigration Compliance and Enforcement teams can visit any licensed sponsor — announced or unannounced. During a visit, officers typically:

• Review personnel files for sponsored workers (right-to-work documents, CoS numbers, contact records).
• Check payroll records against the salary on the CoS.
• Interview HR staff and sometimes sponsored workers.
• Assess whether the sponsor is actively monitoring attendance and status.
• Verify that the Authorising Officer and key contacts in the SMS are still appropriate.

An announced pre-licence visit may also occur before a new licence is granted to verify that the business is genuine and that HR systems are in place.

Outcomes of a compliance visit range from no action (fully compliant) through to a B-rating (action plan required), suspension (workers cannot be sponsored during this period) or revocation.

What are the consequences of non-compliance?

• Civil penalty — employers who employ someone without the right to work, without a statutory excuse, face penalties. Check the current rate on the Home Office civil penalty page as figures are updated periodically.
• Licence downgrade — a B-rating means you cannot assign new CoS until you complete a Home Office action plan and pay a fee. Check the current action plan fee on the UKVI guidance.
• Licence suspension — triggered when the Home Office suspects a serious breach; sponsored workers' visas may be curtailed.
• Licence revocation — the most severe outcome; workers must find a new sponsor or leave the UK.
• Criminal prosecution — knowingly employing someone without the right to work can lead to an unlimited fine and up to 5 years' imprisonment.

How should employers prepare their HR systems before sponsoring?

Before assigning your first Certificate of Sponsorship, your HR processes should already be in place — not built after a problem arises.

• Designate an Authorising Officer — a senior, settled employee legally responsible for the licence.
• Appoint Key Contacts and Level 1/Level 2 SMS users — ensure they are trained on the SMS and reporting deadlines.
• Create a right-to-work check procedure — a written SOP covering which check method applies to which worker type, who conducts it and where records are stored.
• Build a diarised review calendar — flag expiry dates for every BRP, visa or eVisa, at least 3 months in advance.
• Set up an absence monitoring process — HR should receive alerts after any unplanned absence reaches 5 consecutive working days so action can be taken before the 10-day reporting deadline.
• Conduct an internal mock audit annually — pull five to ten sponsored worker files and check each against the Home Office record-keeping checklist.

The Skilled Worker visa currently costs workers £819 for a role of up to 3 years when applying from outside the UK (government fee from 8 April 2026), and the processing time is typically 3 weeks (15 working days). Employer costs — including the Immigration Skills Charge — are separate and should be budgeted before any CoS is assigned. Check current rates on the official visa regulations table.

For a wider picture of what workers themselves need to prepare, see our United Kingdom visa page and our UK Skilled Worker Visa 2026 guide. If your business also sponsors workers in other jurisdictions, our Singapore visa guide and Australia visa guide cover equivalent employer obligations in those markets.

Questions, answered