Employer right-to-work checks and the civil penalty regime
Every UK employer has a statutory duty to verify that an individual is not disqualified from working in the United Kingdom by reason of their immigration status before employing them. Section 15(1) of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act) imposes a civil penalty on an employer who employs "an adult subject to immigration control" who has not been granted leave to enter or remain in the UK, whose leave is invalid or has ceased to have effect (whether by curtailment, revocation, cancellation, or passage of time), or whose leave is subject to a condition preventing the individual from accepting the employment in question. The provisions came into force on 29 February 2008 and apply to all employment commencing on or after that date.
The statutory excuse framework
An employer who complies with prescribed right-to-work checks before employment begins is excused from paying a civil penalty, even if the individual is later found not to have the right to work. Section 15(3) of the 2006 Act provides that an employer is excused from liability if they comply with the requirements of an order made by the Secretary of State specifying acceptable documents and verification procedures. This is known as establishing a "statutory excuse."
The Immigration (Restrictions on Employment) Order 2007 (as frequently amended) sets out the acceptable documents and the required steps: the employer must obtain and check original documents (or use the Home Office online right-to-work checking service for individuals with digital immigration status), verify them in the presence of the document holder, and retain clear copies for the duration of employment and for two years after the employment ends. The statutory excuse does not apply, however, if the employer knew at any time during the employment that the employment was unlawful (section 15(4) of the 2006 Act).
Civil penalty amounts
For breaches occurring on or after 13 February 2024, the maximum civil penalty is £45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeat breaches. These amounts represent a substantial increase from the previous maximums of £15,000 and £20,000 respectively. The Home Office Code of Practice on preventing illegal working sets out mitigating factors that may reduce the penalty amount (such as evidence of good-faith compliance efforts), but employers who have breached the regime on more than one occasion face the higher maximum penalty.
Check methods and timing
Right-to-work checks must be conducted before employment begins. The current methods for establishing a statutory excuse are:
- Manual document checks: the employer obtains and verifies original documents from List A (granting an unlimited right to work, such as a British or Irish passport, or a Biometric Residence Permit showing indefinite leave to remain) or List B (granting a time-limited right to work, such as a visa endorsement or share code confirming limited leave). The employer must verify the documents in the presence of the holder, take clear copies, and retain them.
- Home Office online right-to-work checking service: for individuals with digital immigration status (including most non-UK nationals granted leave after 2018 and EU Settlement Scheme holders), the employer uses the individual's date of birth and share code to obtain a real-time verification response from the Home Office. The employer must retain a clear copy of the online response.
- Digital Verification Services (DVS): for British and Irish citizens holding valid passports (including Irish passport cards), employers may use an Identity Service Provider certified by the Home Office to conduct Identity Document Validation Technology (IDVT) checks. This option is available only for British and Irish citizens; all other nationals must use manual document checks or the online checking service.
For employees on time-limited leave, the employer must conduct follow-up checks before the individual's permission to work expires in order to maintain the statutory excuse for the duration of the employment.
Statutory expansion under the Border Security, Asylum and Immigration Act 2025 (Royal Assent 2 December 2025; implementation expected from 1 October 2026)
The right-to-work checking regime is being materially expanded by the Border Security, Asylum and Immigration Act 2025. Upon implementation (anticipated for 1 October 2026, though subject to commencement regulations), new sections 14A and 15A will extend civil penalty liability beyond employees to include individuals engaged under:
- contracts for services (including self-employed contractors),
- personal service company contractors, and
- those sourced via digital platforms or online worker-matching services.
These changes mean the statutory excuse framework and document verification checks will, after commencement, need to be conducted for a wider range of individuals working for or through the business—not just employees. Failure to implement appropriate checks for these categories may result in civil penalties of up to £60,000 per illegal worker, in line with the maximum penalty under the original regime for employers. Organisations operating platforms, agencies, or facilitating work will need to update their compliance frameworks and training materials to cover the expanded scope.
Enforcement and criminal liability
The Home Office conducts workplace enforcement visits. If an employer is found to have employed someone without the right to work and has not established a statutory excuse, the Home Office will issue a civil penalty notice. The employer has 28 days to object or pay. Objections are reviewed by the Home Office; if the employer is not satisfied with the objection outcome, they may appeal to the County Court (or Sheriff Court in Scotland) within 28 days. Unpaid penalties may be enforced as a civil debt.
Separate from the civil penalty regime, section 21 of the 2006 Act creates a criminal offence where an employer knows or has reasonable cause to believe that the employee does not have the right to work in the UK. Conviction on indictment carries a maximum penalty of five years' imprisonment, an unlimited fine, or both. The criminal offence requires knowledge or reasonable suspicion; establishing a statutory excuse does not protect an employer from prosecution if the employer had actual or constructive knowledge of the individual's lack of permission.
Scope and contractor obligations
The right-to-work checking obligation currently applies to employees under a contract of employment, service, or apprenticeship (whether express or implied, oral or written). It does not presently apply to the genuinely self-employed, but under the forthcoming statutory regime, it will. Employers are strongly encouraged to verify the right to work of contractors and individuals in their supply chain; for sponsor licence holders, this remains a regulatory expectation. After the new provisions take effect, right-to-work checks will become mandatory for a far broader set of working relationships, and the statutory excuse defence will only apply if the appropriate checks covering the new categories have been performed under the law as amended.
Source: Immigration, Asylum and Nationality Act 2006, s. 15 Source: Code of practice on preventing illegal working: Right to Work Scheme for employers, 13 February 2024 Source: Employer's guide to right to work checks: 26 June 2025 Source: Border Security, Asylum and Immigration Act 2025, ss. 14A, 15A
Skilled Worker visa: the principal employer-sponsored work route (updated July 2026)
The Skilled Worker visa remains the United Kingdom's principal employer-sponsored route for recruiting foreign nationals to perform eligible jobs, but the regulatory landscape has changed significantly with major amendments in 2025 and 2026. Employers and HR teams must be alert to shifting eligibility rules, salary thresholds, and compliance requirements:
Key material changes as of summer 2026:
- Salary thresholds: From 22 July 2025, the general minimum salary threshold for most Skilled Worker applicants is £41,700 (raised from £38,700). Applicants must be paid the higher of this minimum or the occupation-specific “going rate” in Appendix Skilled Occupations (calculated for a 37.5-hour week and pro-rated for other patterns). Transitional protection applies for existing workers sponsored before this date and continuously employed in qualifying roles below RQF 6 (see below for skill threshold).
- Skill threshold raised: From 22 July 2025, new Skilled Worker sponsorship is generally only available for roles assessed at RQF Level 6+ (graduate-level). Sponsorship for medium-skilled roles (RQF 3–5) is limited to those appearing on the Immigration Salary List or the Temporary Shortage List, or for workers with continuous permission in such roles predating July 2025.
- English language requirement: For applications submitted from 8 January 2026, Skilled Worker applicants must demonstrate English language competency at CEFR level B2 (instead of the previous B1, which remains for applications made before that date). This change incorporates reading, writing, speaking, and listening, and can be met by degree-level study in English, a Secure English Language Test (SELT), or relevant nationality.
- Sponsor compliance and salary monitoring: From 8 April 2026, sponsors must ensure Skilled Workers are paid the required salary per pay period—not just on an annualized basis. Underpayments in any pay cycle can result in refusal or curtailment unless caused by an allowable reason (per the revised Sponsor guidance).
- Fees and charges: The Immigration Skills Charge rose in December 2025 to £1,320 per year of sponsorship for large sponsors and £396 for small/charitable sponsors, with caps applying for multi-year sponsorship. Visa application fees have also seen periodic increases (check current rates before application).
- Dependants and role restrictions: As of March 2024 and July 2025, new restrictions now prevent care workers and most medium-skilled roles on the Immigration Salary List from sponsoring new dependants. Transitional rules allow some existing dependants to extend, but these routes no longer support new accompanying family members in most RQF 3–5 jobs.
- Transitional protection: Applicants with continuous Skilled Worker permission in formerly sponsorable roles may remain eligible for extensions and settlement under older criteria, provided they have not changed occupation or employer and maintain lawful residence (Appendix Skilled Worker, para SW 13.6–7).
Authoritative sources for current and transitional requirements:
- Immigration Rules Appendix Skilled Worker (as amended)
- Home Office Sponsor a Skilled Worker guidance, version 04/26
- Home Office Skilled Worker caseworker guidance, 16 December 2025
Employers planning international assignments or recruitment drives should verify eligibility, salary, and language requirements using the current Immigration Rules and Home Office guidance before commencing sponsorship procedures.
Source: Immigration Rules Appendix Skilled Worker Source: Sponsor a Skilled Worker guidance, version 04/26 Source: Skilled Worker caseworker guidance, 16 December 2025
Sponsor licence: application requirements and approval process
A UK employer wishing to sponsor a foreign national under the Skilled Worker, Global Business Mobility, or other main work routes must first obtain a sponsor licence from the Home Office. This licence is not a one-off permission but an ongoing relationship: the employer becomes an authorised sponsor, assumes statutory compliance duties, and gains access to the Sponsorship Management System (SMS) used to assign Certificates of Sponsorship (CoS). Without a licence, an employer cannot lawfully sponsor an individual for a UK work visa.
Eligibility, refusal grounds, and the genuineness requirements (2026 updates)
To be eligible for a sponsor licence, the applicant organisation must be a genuine UK business or entity lawfully operating in the UK. Home Office guidance now makes it explicit that an application will be refused if the Home Office believes the business was established primarily or wholly to facilitate immigration for someone who otherwise would not have secured permission to work in the UK ([Workers and Temporary Workers sponsor guidance Part 1, 05/26, para S1.20.2]). The guidance continues to require that the sponsor be honest, dependable, and reliable; demonstrate genuine vacancies; maintain robust HR systems; and provide supporting documents as specified in Appendix A.
For organisations operating in the UK for less than 18 months, a current UK corporate bank account with a bank registered by the Financial Conduct Authority and Prudential Regulation Authority is mandatory. There is no blanket prohibition for start-ups, but heightened scrutiny applies.
Key personnel (Authorising Officer, Level 1 User, and Key Contact) must not have unspent criminal convictions for relevant offences. The Home Office undertakes criminal and immigration compliance checks, and may refuse an application where key personnel present a material risk to immigration control or where there is evidence of previous non-compliance.
Application fees and processing times (April 2026 fee update)
Sponsor licence application fees (effective from 8 April 2026 under the Immigration and Nationality (Fees) (Amendment) Regulations 2026) are £611 for small or charitable sponsors and £1,682 for medium/large sponsors. Small sponsors are those meeting at least two of the following: annual turnover ≤£10.2 million, balance sheet ≤£5.1 million, ≤50 employees (per Companies Act 2006 criteria). The sponsor licence priority service is now £750 (increased from £500), usually yielding a decision in ten working days after supporting documents are received. Ordinary applications are typically decided within eight weeks, but compliance visits or complex cases can delay outcomes.
Appointment of key personnel and supporting documents
Three core roles must be filled: Authorising Officer, Key Contact, and at least one Level 1 User (all UK-resident and engaged by the organisation). External representatives cannot act as Authorising Officer or Key Contact but may be appointed as additional Level 1 or 2 Users after approval. The required minimum set of supporting documents remains governed by Appendix A to the sponsor guidance (see version 05/26), generally four documents evidencing trading status, premises, PAYE registration, and UK bank account.
Additional information such as business activity description, SOC occupation codes, job titles, salary, and working hours for each role must also be provided. Small organisations (≤50 employees) must provide a complete staff list. The Home Office may conduct a pre-licence compliance visit to verify systems and duties. Approval grants indefinite sponsor status (except Expansion/Scale‑up route) and SMS access; the sponsor is listed on the public Register of Licensed Sponsors.
Ongoing duties and grounds for refusal
A licence may be refused for failure to evidence genuineness, lack of adequate HR systems, unspent convictions, history of non-compliance, or suspicion of an application made primarily to facilitate immigration. Post-approval, sponsors must maintain rigorous ongoing compliance—including right-to-work checks, reporting, and recordkeeping (see Part 3 of sponsor guidance). Failure to comply can lead to suspension, downgrading, or revocation, and curtailment of all sponsored workers’ leave.
Source: Workers and Temporary Workers sponsor guidance Part 1: Apply for a licence – version 05/26 Source: Apply for a sponsor licence, GOV.UK Source: Immigration and Nationality (Fees) Regulations 2018, as amended by 2026 Amendment Regulations
Global Business Mobility routes: Senior or Specialist Worker, Graduate Trainee, Expansion, Secondment, and Service Supplier pathways (2026 updates)
The Global Business Mobility (GBM) routes are governed by Appendix Global Business Mobility of the UK Immigration Rules, with detailed requirements and implementation steered by related Home Office policy documents and caseworker guidance. These routes allow overseas employers to deploy staff to the UK under five core sub-categories: Senior or Specialist Worker, Graduate Trainee, UK Expansion Worker, Secondment Worker, and Service Supplier. Recent changes effective through June–July 2026 should be reviewed closely by practitioners.
Key 2026 changes (effective dates specified):
- Secondment Worker minimum employment lowered: From 8 April 2026, Secondment Worker applicants must have been employed by the overseas entity for just 6 months (previously 12 months) before the assignment begins (see caseworker guidance v13.0 and sponsor guidance April 2026). The new requirement applies to applications submitted and assignments commenced on or after 8 April 2026.
- ISC exemption and qualifying period clarified: In April 2026, Home Office guidance clarified that high earners under the UK–EU Trade and Cooperation Agreement (TCA) using the ISC exemption must have at least 12 months' prior overseas employment. This is now a global requirement for ISC exemption claims under all GBM routes.
- Service Supplier route—Mexico and CETA update: As of 22 June 2026, Mexico has formally been added to the Service Supplier list of eligible countries under relevant trade agreements. Additionally, guidance confirms Canada (under CETA) and India (under UK–India FTA) are current eligible partners (check the Home Office list for updates).
Overview (reflecting July 2026 authority):
- Senior or Specialist Worker: Transfers within multinational groups into senior/specialist UK roles; requires RQF 6+ roles and typically 12 months' prior employment unless high earner (≥£73,900/year). Max duration 5 of 6 years (or 9 of 10 if high earner). Extension and ILR not generally available.
- Graduate Trainee: Recently graduated employees coming for structured training, minimum 3 months overseas employment. Max stay 12 months per assignment.
- UK Expansion Worker: Team members establishing a UK branch/operation not yet trading; 12-month grants, with a maximum of 2 years. Prior overseas employment also required.
- Secondment Worker: Now 6 months' required prior overseas employment, for those seconded under a qualifying contract. Assignment must relate to pre-approved Home Office projects/contracts and meet skill/occupation requirements.
- Service Supplier: For independent professionals or employees of overseas service providers, provided assignments operate under a UK-recognized trade agreement. As of June 2026, Mexico added to the roster; other countries, including those covered by EU and India agreements, remain eligible as listed in the current Home Office sector table.
All GBM categories require sponsorship, a valid Certificate of Sponsorship (CoS), and satisfaction of occupation code and salary thresholds. Practitioners should consult current Immigration Rules Appendix Global Business Mobility (and linked caseworker/sponsor guidance) to confirm country-specific eligibility, salary, and contract nuances before filing or advising.
Material changes summarized:
- Secondment Worker overseas service minimum reduced to 6 months (from April 2026)
- Service Supplier route expanded (Mexico now eligible), CETA/UK–India FTA positions clarified as of June 2026
- Latest sponsor and caseworker guidance should always be referenced for open country eligibility and contract compliance
Source: Global Business Mobility routes caseworker guidance version 13.0, April 2026 Source: Sponsor a Global Business Mobility Worker guidance, April 2026 Source: Service Supplier visa: eligible trade agreements and sectors (updated June 2026) Source: Immigration Rules: Appendix Global Business Mobility
Graduate visa: unsponsored post-study work route for international graduates (Duration update for 2027)
The Graduate visa allows international students who have completed an eligible degree at a UK higher education provider to remain in the United Kingdom after graduation to work, look for work, or be self-employed without employer sponsorship. This unsponsored route is governed by Appendix Graduate of the UK Immigration Rules.
Material change: Visa duration updates effective 1 January 2027
For applications submitted before 1 January 2027, Graduate visa holders receive:
- 2 years’ permission for Bachelor’s or taught Master’s degree graduates;
- 3 years’ permission for doctoral (PhD or equivalent) graduates (GR 7.1).
For applications submitted on or after 1 January 2027:
- Bachelor’s and Master’s degree graduates will be granted 18 months’ permission (reduced from 2 years per amended GR 7.1);
- PhD/doctoral graduates remain eligible for 3 years.
Eligibility criteria To qualify, an applicant must:
- Have successfully completed a qualifying UK degree or course (see GR 5.2–5.4) with a licensed higher education provider holding a track record of compliance (GR 2.2),
- Have valid Student or Tier 4 (General) permission at the time of course completion and application (GR 1.1, 2.2),
- Apply from within the UK before existing permission expires (GR 1.2, 2.3),
- Not previously have been granted permission under the Doctorate Extension Scheme, Graduate route, or as a Graduate route dependent (GR 1.3–1.4).
Work rights and restrictions Holders have full rights to work and self-employment except:
- No work as a professional sportsperson or coach (GR 7.2),
- Permission cannot be extended and does not count toward settlement (indefinite leave),
- Only dependants who held dependent status on the student’s last Tier 4/Student visa are eligible (GR 9.1).
No employer sponsorship, minimum salary, or skill level applies. Public funds are prohibited (GR 6.2). Applications incur a fee and full Immigration Health Surcharge for the entire grant period.
Transition to sponsored routes Before Graduate permission expires, holders may switch to a sponsored work route (such as Skilled Worker), provided the relevant criteria are met. Time in the Graduate route does not count toward the 5-year settlement period.
What changed: The reduction in post-study work duration for Bachelor’s/Master’s graduates takes effect for applications submitted on/after 1 January 2027 (per statement of change and amendments to Appendix Graduate GR 7.1).
Source: Immigration Rules: Appendix Graduate Source: Graduate visa guidance, GOV.UK
Temporary Worker and Youth Mobility routes: eligibility and employment conditions (2026 update)
The United Kingdom's Temporary Worker and Youth Mobility routes provide foundational options for time-limited employment outside core employer-sponsored or graduate work authorizations. Their governance and recent quota and operational updates are essential for practitioners advising on short-term, project-specific, or early-career mobility for foreign nationals. These routes are mainly governed by Appendices Temporary Work and Youth Mobility Scheme of the UK Immigration Rules and official sponsor and eligibility guidance.
Temporary Worker routes (Appendix Temporary Work, May 2026 guidance update)
Temporary Worker categories continue to encompass:
- Charity Worker: Voluntary work for licensed charities, up to 12 months maximum. Sponsorship mandatory.
- Creative Worker: Entertainers, artists, and related personnel sponsored by a Home Office-licensed creative sector entity. Standard stay is 12 months, up to 24 months where continuity is certified.
- Religious Worker: Non-Ministers of Religion; sponsored by faith bodies; maximum 24 months.
- Government Authorised Exchange: Approved internships, work experience, scientific research schemes. Up to 12 or 24 months, scheme-dependent.
- International Agreement Worker: Employees covered by international law (e.g., diplomatic staff, some trade agreements). Certificate of Sponsorship required, with exceptions as per category.
- Seasonal Worker: Horticultural and certain poultry/agricultural roles. Stay capped at 6 months in 12, with sector quotas and annual window (TW 28.4–28.5).
Most routes demand a Certificate of Sponsorship from a licensed sponsor, and evidence of maintenance funds (£1,270 for 28 days), unless sponsor-certified. The Home Office guidance (Workers and Temporary Workers sponsor guidance Part 2, 20 May 2026) clarifies further operational details, including eVisa rollout and closure of Swiss Service Providers as of 31 December 2025 (route now unavailable).
Youth Mobility Scheme (Appendix Youth Mobility Scheme, 2026 quota and eligibility update)
The YMS enables specified nationals and some British Overseas classes to work/live in the UK for a fixed duration. Notable updates effective 1 July 2026:
- Age: Generally 18–30; New Zealanders: 18–35 (YMS 6.1–7.3).
- Duration: 2 years (most); 3 years for New Zealanders, in line with June 2023 changes.
- Quotas for 2026: Australia 38,500; Canada 10,000; New Zealand 8,000; South Korea 5,000; Japan 6,000; Hong Kong (SAR) 1,500; India 3,000; Taiwan 1,000; Iceland 1,000; San Marino 1,000; Uruguay 500; Andorra 100; Monaco 1,000; British Overseas Citizens and some others not capped (Appendix YMS Table YMS 1, 1 July 2026 update).
- Financial requirement: £2,530 for 28 days pre‑application (YMS 10.1–10.4).
- No employer sponsorship or job offer required.
- Employment rights: Unrestricted except professional sports. Quota places continue via Home Office lottery/selection, per nationality.
Employers must conduct and document right-to-work checks with visa evidence for these routes. Neither route leads to settlement (indefinite leave). Except for permitted New Zealand extensions, both routes are non-extendable.
Material 2026 changes: New YMS quotas by country, affirmation of closure of the Swiss Service Providers route, and eVisa transition for right-to-work checks are in force as of July 2026. Practitioners and employers must use the new figures and ensure compliance with Home Office digital status verification.
Source: Immigration Rules: Appendix Temporary Work Source: Immigration Rules: Appendix Youth Mobility Scheme Source: Immigration Rules: Appendix YMS: Eligible nationals (updated 1 July 2026) Source: Workers and Temporary Workers: guidance for sponsors, Part 2 (20 May 2026)
Visitor visa business permissions: permitted and prohibited work activities under Appendix V
A foreign national visiting the United Kingdom for business must strictly comply with the permitted activities listed in Immigration Rules Appendix V (Visitors) and its appendix setting out Business Permitted Activities (BPA). These provisions distinguish between what is allowed for a business visitor and what is prohibited as employment or productive work.
Permitted business activities (Appendix Visitor: Permitted Activities, §§PA 4.1–4.6, BPA 1.1–6.2)
An individual with standard visitor status may engage in the following business activities:
- Attend meetings, conferences, seminars, interviews (§PA 4.1(a), BPA 1.1).
- Give one-off or short talks/speeches (not commercial events, not generating profit for the visitor/employer; §BPA 1.2).
- Negotiate and sign deals and contracts (§BPA 1.3).
- Attend trade fairs (no direct sales to the public) (§BPA 1.4).
- Undertake site visits and inspections (§BPA 1.5).
- Gather information for employment overseas (§BPA 1.6).
- Receive briefings on UK requirements of a UK-based customer/client, while employed abroad (§BPA 1.7).
- Intra-corporate activities: Employees of overseas companies may, if remaining paid/employed abroad, advise, consult, troubleshoot, provide training, or share skills and knowledge to a UK branch, subsidiary, or client as permitted by §BPA 4.1–4.7.
- Install, dismantle, service, or repair equipment only if the equipment/service contract is between the overseas company and a UK business and the visitor has specialist skills relevant to the task (§BPA 4.8).
- Profession-specific and legal activities are permitted for certain visitors (see BPA 5.1–6.2 for scientists, researchers, legal professionals, academics undertaking external exam duties, etc.).
Some visitors may also perform a "Permitted Paid Engagement" (PPE) if this is explicitly pre-approved, the engagement is eligible, and it is listed in their visa or entry record (Appendix Visitor: Paid Engagements, §§PA 8.1–13.2). Not every business visitor is eligible for PPE; criteria and application process are distinct.
Prohibited work activities (Appendix V, §V 4.4–4.5)
A standard visitor must not:
- Take employment in the UK, paid or unpaid;
- Undertake internships, work placements, or work directly for or provide services to a UK business, client, or member of the public outside the allowed BPA list;
- Receive remuneration from a UK source, except as specified by PPE rules or reasonable (expenses-only) reimbursement (§V 4.5).
All other work or productive activity not expressly listed as permitted is prohibited. Breaching these conditions risks removal from the UK and future entry bans; any employer who causes or allows work in violation of visitor conditions risks a civil penalty (per s.15 Immigration, Asylum and Nationality Act 2006) if an employment relationship is deemed to exist.
Source: Immigration Rules: Appendix V (Visitors) Source: Immigration Rules: Appendix Visitor: Permitted Activities
Immigration Health Surcharge: applicability, rates, exemptions, and payment mechanics (2026)
The Immigration Health Surcharge (IHS) is a statutory charge imposed on most UK visa applicants applying for leave that exceeds six months (from outside the UK) or any period (from within the UK), under section 38 of the Immigration Act 2014 and the Immigration (Health Charge) Order 2015 (SI 2015/792, as amended). The IHS is payable per person—including adult and child dependants—for each year (or part-year, rounded up) of limited leave requested in the immigration application, entitling the visa-holder to access most NHS services while in the UK, except for certain chargeable services (such as prescriptions, dental, and optical care).
Who pays and when? The IHS applies to individuals (and their dependants) applying under most work, student, and family routes for immigration permission of more than six months from overseas, or any grant of limited leave requested from within the UK. It must be paid in full at the time of the visa or extension application, covering the total leave period sought (rounded up to the next year if any partial year—Article 6(2), 2015 Order). For example, a 2 years 4 months visa triggers a 3-year charge. Applications for visitor visas of up to six months are not subject to the IHS (Article 4).
Rates For applications made on or after 6 February 2024, the standard IHS is £1,035 per year for adult applicants and £776 per year for children under 18 (Article 7A, as amended by SI 2023/1291). Prior applications (before 6 February 2024) are charged at the previous rates (£624/£470). The Home Office charges the full amount up-front for the period stated in the application.
Exemptions (2015 Order, Articles 7–10) Key exemptions include:
- Main applicants and dependants on the Health and Care Worker route with an appropriate Certificate of Sponsorship
- Applicants (and dependants) seeking entry as visitors for six months or less
- Applicants for indefinite leave to remain
- Children in the care of a local authority
- Applicants (and dependants) recognized as victims of human trafficking (with NRM referral)
- Diplomats, armed forces personnel (and some dependants), NATO/UK-AUS/UK-US agreement staff, and other narrowly prescribed classes
Full details and conditions for exemptions are set out in Articles 7–10 of the 2015 Order, as amended.
Refunds and payment process The IHS must be paid as part of the online immigration application via the Home Office payment portal, which generates a payment reference. If an application is refused, withdrawn, or made in an exempt category, a refund is made automatically (Article 11–12). If leave is granted for less time than requested or dependants are refused, partial refunds will reflect the reduced IHS liability. Leaving the UK early or curtailment does not normally result in a refund unless expressly provided for by the Order.
NHS coverage for payers IHS payers have access to most NHS services on the same basis as UK residents, except for certain services that remain subject to separate charges (outlined in NHS charging regulations and reflected in GOV.UK guidance). IHS payment is not a replacement for private insurance if it is required as a condition by the visa category or sponsor.
Source: Immigration Act 2014, s.38 Source: The Immigration (Health Charge) Order 2015, SI 2015/792 (as amended by SI 2023/1291) Source: Pay for UK healthcare as part of your immigration application
Frontier Worker permit and right of abode: cross-border legal status and eligibility
The United Kingdom's Frontier Worker permit provides a tailored immigration status for European Economic Area (EEA) and Swiss nationals who began working in the UK while living elsewhere before 31 December 2020, allowing them to maintain employment without qualifying for status under the EU Settlement Scheme. The right of abode, by contrast, is a permanent right to live and work in the UK held by British citizens and certain Commonwealth citizens, governed by the Immigration Act 1971.
Frontier Worker permit: eligibility and scope
The Frontier Worker permit route was created by the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (SI 2020/1213), effective from 10 December 2020, as part of the UK's withdrawal from the EU. To qualify, the individual must:
- Be an EEA or Swiss national (excluding dual British/Irish nationals)
- Not have been primarily resident in the UK before 31 December 2020
- Have begun working, self-employment, or retained worker status in the UK before 31 December 2020, and continue to come to the UK for employment/self-employment as a frontier worker
- Apply for and hold a Frontier Worker permit from 1 July 2021 onwards (pre-2021 residence must be continuous, but periodic absences are allowed provided conditions in Reg 4–9 of the 2020 Regulations are met)
Permits are valid for 5 years (or 2 years for retained workers), renewable, and do not require sponsorship or a minimum income. The holder does not acquire permanent residence/settlement; long absences or cessation of frontier working can end eligibility. Family members are not eligible for dependent permits under this scheme, although they may qualify under other routes.
Permit holders may not take up other work or switch into other visa categories from frontier worker status (unless eligible for an in-country application under another route)—they must maintain frontier worker criteria. Employers must still perform a right-to-work check using the official online service: the permit is a valid proof of work authorization, and the employer should retain evidence of the check.
Right of abode—update February 2026: shift to digital certificate
The right of abode allows a person to live and work in the UK without restriction and is conferred by section 2 Immigration Act 1971. It is held automatically by British citizens and by some Commonwealth citizens with a parent born in the UK (documentary proof required; most EEA/Swiss nationals do not have this right). Employers conducting right-to-work checks may accept a UK passport or a certificate of entitlement to the right of abode as proof of unrestricted status.
As of 26 February 2026, the UK Home Office no longer issues physical certificate of entitlement vignette stickers. All certificates of entitlement to the right of abode are now issued as digital immigration status records linked to the individual and their passport. Existing valid paper certificates remain valid until the passport expires; new applicants, or those renewing, are issued a digital status only. For right-to-work and right-to-reside checks, employers and authorities must use the Home Office digital verification service as described in current guidance. Applicants can access their digital status online and update passport links as needed.
Source: Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 Source: Apply for a Frontier Worker permit, GOV.UK Source: Immigration Act 1971, s.2 Source: Right of Abode certificate of entitlement guidance — Feb 2026, GOV.UK
Sponsor licence compliance: ongoing duties, mandatory recordkeeping, and Home Office inspection risk
After a UK employer is granted a sponsor licence, it assumes ongoing compliance and recordkeeping duties under the UK Immigration Rules and Home Office Sponsor Guidance. Material amendments to sponsor obligations have been introduced in 2026, notably with Sponsor Guidance versions 03/26 (effective 6 March 2026) and Appendix D version 05/26 (20 May 2026). Practitioners must now follow these in detail, as non-compliance risks downgrading, suspension, or revocation of the licence under Immigration Rules Part 9 and Sponsor Guidance Part 3: Duties & Compliance.
1. Right-to-work status and mandatory recordkeeping (Appendix D 05/26 update) Per version 05/26 (May 2026), sponsors must retain right-to-work evidence (e.g. passports, Biometric Residence Permits, digital/online checks) for each sponsored worker, and ensure all such files are stored for the longer of: (a) duration of sponsorship/employment, (b) at least one year after sponsorship/employment ends, or (c) until inspected by a Home Office officer. The update clarifies duties around records for eVisa holders and digital checks, and specifies scenarios for re-checks on digital status.
2. Reporting duties and timelines (Sponsor Guidance 03/26 revision) Sponsors remain required to report material changes affecting a sponsored worker or the organisation via SMS within 10 working days. Reportable changes include job title/main duty changes, reduction in salary/hours below sponsorship levels, work location changes, and unauthorised absences. From 6 March 2026, sponsors must specifically log and retain evidence that each sponsored worker has been informed of their UK statutory employment rights at the start of employment (Sponsor Guidance SG 3.44, 3.78).
3. Eligible role and vacancy compliance (2026 update) The 03/26 guidance replaces the "genuine vacancy" test with the "eligible role" standard: sponsors must evidence that every sponsored role matches the Standard Occupational Classification code, meets all Immigration Rules criteria, and is not created solely to facilitate immigration. Records must reflect this match for each CoS assigned (SG 3.58–3.73).
4. Full records and Appendix D requirements Appendix D (05/26) remains the definitive list for document retention: contracts, job descriptions, payroll records, sponsor reports, contact details, NI numbers, absence logs, and the new Workers’ Rights evidence must be maintained for each sponsored worker. These must be available, complete, and up to date for immediate Home Office inspection.
5. Home Office compliance visits and inspection risk Compliance visits (announced or unannounced) require all sponsor personnel (Authorising Officer, Level 1 User) and all Appendix D records to be immediately available. Failure to provide, incomplete files, or inability to demonstrate compliance remain the top grounds for enforcement action (SG 3.100–3.105).
Enforcement and summary Non-compliance can result in statutory downgrading, suspension, or outright revocation under Immigration Rules Part 9 and Sponsor Guidance Part 3, and typically leads to curtailment of all sponsored workers’ leave.
Always use the current Sponsor Guidance Part 3 and Appendix D (latest: March and May 2026) for a complete, authoritative list of sponsor duties, required records, and reporting events. Sponsors are obligated to follow these updates immediately upon publication.
What changed: As of March and May 2026, sponsors must newly document Workers’ Rights communications, meet the "eligible role" standard for each CoS, and comply with clarified recordkeeping for eVisas and digital status. These are immediate and substantive compliance risks.
Source: Sponsor Guidance Part 3: Sponsor Duties and Compliance – version 03/26 Source: Sponsor Guidance Appendix D: Keeping records for sponsorship – version 05/26 Source: Immigration Rules Part 9: Grounds for refusal
Dependants of work visa holders: eligibility, permitted work, and route-specific restrictions
Eligibility for a spouse, partner, or child to accompany a main applicant as a dependant in the United Kingdom on a work-route visa is governed by the Immigration Rules—primarily Appendix Family Member, Appendix Skilled Worker, and route-specific appendices. The permitted scope for dependants, and recent restrictions on some occupations, are central to UK cross-border assignment planning in 2024–2026.
Who qualifies as a dependant A "dependant" is a spouse, civil partner, unmarried partner (where the relationship is akin to marriage and genuine and subsisting, see Appendix FM paragraphs FM 1.1–FM 1.2), or a child under 18 at first application (with limited provisions for over-18s in continuous permission, see FM 1.4). Children aged 16 or over must not be married/in a civil partnership or living independently, and must be financially supported by the main applicant (FM 1.3–1.7).
Which work routes allow dependant applications—and recent restrictions
- The main work routes that permit dependants include Skilled Worker, Senior or Specialist Worker (GBM), and Graduate Trainee. This covers both initial applicants and family joining later (SW 26.1–26.7, GBM 27.1–37.2).
- Health and Care Worker restriction: As of 11 March 2024, applicants sponsored for jobs in SOC codes 6135 and 6136 (“Care workers and home carers”, “Senior care workers”) under the Skilled Worker route cannot bring new dependants, per SW 26.3A–26.3D. Only dependants granted permission before 11 March 2024 may extend (SW 26.3C).
- Medium-skilled roles (RQF 3–5): From 22 July 2025, where sponsorship is based on an occupation on the Immigration Salary List under Table 1a (medium-skilled roles with public interest shortage designation), new dependants (excluding pre-existing ones) are barred (SW 1.6A, SW 26.3C–26.3D).
Application process and financial maintenance Dependants can apply alongside or after the main applicant, must prove relationship (with documentary evidence), and generally need to meet a maintenance requirement: as of 2026, £1,270 for a partner, £315 for the first child, £200 for each extra child (Appendix Finance, FIN 7.1), held for 28 consecutive days in the 31 days before application. This requirement is waived if the licensed sponsor certifies maintenance on the Certificate of Sponsorship (FIN 8.1).
Work rights for dependants Dependant adults are permitted to work (except as a professional sportsperson or coach, SW 36.2; FM 9.1–9.2), including self-employment and voluntary work.
Settlement and route restrictions Not all work routes or durations of stay as a dependant count toward settlement (indefinite leave to remain). For example, time on the Graduate route or Temporary Work routes does not count (see relevant appendices). Where permitted, dependants must complete five years’ continuous lawful residence and meet knowledge and English requirements, just as main applicants (Appendix Family Member, FM 11.1–FM 11.2).
Source: Immigration Rules: Appendix Family Member Source: Immigration Rules: Appendix Skilled Worker Source: Immigration Rules: Appendix Finance
Immigration Salary List (ISL) and occupation code eligibility for work sponsorship (2024–2026)
From April to July 2024, the United Kingdom fundamentally restructured the eligibility rules for employer-sponsored work visas. Central to this overhaul is the creation of the Immigration Salary List (ISL), which replaces the Shortage Occupation List (SOL) for Skilled Worker sponsorship and sharply limits which medium-skilled roles (below RQF Level 6) are sponsorable from 22 July 2025.
Purpose and structure of the ISL The ISL sets out specific occupation codes considered critical for UK labour needs and subject to lower minimum salary thresholds for sponsorship. The list is published—along with the relevant SOC 2020 occupation codes—in "Immigration Rules: Appendix Immigration Salary List". Only job roles with an occupation code expressly listed on the ISL can be sponsored at RQF Level 3–5 (sub-degree level skilled roles) from 22 July 2025 onwards. Graduate-level jobs (RQF 6+) remain sponsorable if otherwise eligible.
Transition from SOL to ISL and impact on sponsorship Previously, a broader range of medium-skilled jobs could be sponsored via options linked to the Shortage Occupation List. The new regime restricts most new sponsorships below RQF 6 to jobs on the ISL. Employers may not sponsor new applicants for non-ISL sub-degree jobs after 22 July 2025 (except certain transition cases for ongoing permission). The ISL is reviewed periodically and updated by the Home Office via Ministerial Statement and formal Immigration Rules Statement of Changes.
Salary thresholds and discounting For most ISL roles, the minimum salary is 80% of the going rate for the occupation code, subject to the general salary floor for Skilled Worker visas, per Immigration Rules, Appendix Skilled Worker SW 9.3 and Appendix Skilled Occupations. Employers must always check the current Appendix to confirm which roles qualify and the correct figures for the visa application date.
Where to check the ISL and occupation code eligibility
- Immigration Rules: Appendix Immigration Salary List (ISL occupations and SOC codes)
- Immigration Rules: Appendix Skilled Worker (salary formula and discount rules)
- Immigration Rules: Appendix Skilled Occupations (complete eligible occupations and going rates)
Employers and HR must consult the current version of each Appendix before commencing sponsorship: changes may take effect at short notice with Immigration Rules updates.
Source: Immigration Rules: Appendix Immigration Salary List Source: Immigration Rules: Appendix Skilled Worker Source: Immigration Rules: Appendix Skilled Occupations
Student visa: permitted work hours, term-time restrictions, and vacation rules (2026)
International students in the United Kingdom on a Student visa (previously Tier 4) are subject to precise statutory restrictions on employment, which vary by level of study, institutional status, and academic calendar. These conditions flow automatically from immigration permission and are detailed in Immigration Rules Appendix Student and Home Office employer guidance.
Permitted working hours
- Full-time undergraduate and postgraduate students at degree level (Regulated Qualifications Framework (RQF) 6+) at a higher education provider with a track record of compliance may work a maximum of 20 hours per week during term-time (Appendix Student ST 26.1(c)).
- Sub-degree students (RQF 3–5) at such institutions are limited to 10 hours per week in term-time (ST 26.1(d)).
- "Week" is defined as any rolling seven-day period, not a calendar week—exceeding the limit in any such period constitutes a breach (ST 26.2).
Vacation periods During official vacation periods declared by the sponsoring institution, students may work full-time (more than 20 or 10 hours per week, as appropriate). These periods are defined strictly by the education provider and must be documented. Where there is doubt—especially for PhD and postgraduate research students, or continuous-intake courses—employers should obtain written confirmation of vacation status (see Student sponsor guidance, section 9).
Work placements Students may undertake a work placement or internship only if it is an integral and assessed part of their studies. The placement must not exceed half the length of the course (ST 27.3), except on exempt teacher training programmes. Separate hour limits do not generally apply to lawful placements integrated into the course, but students must not undertake other work exceeding the standard term-time limits during a placement.
Types of work permitted and prohibited Students may not:
- Take full-time permanent employment (outside official vacation)
- Be self-employed or engage in business activity
- Work as a professional sportsperson or coach
- Work as an entertainer
- Fill a full-time permanent vacancy while their studies continue
"Self-employment" includes running a business, acting as a company director, or working as a freelancer (Appendix Student ST 26.4).
Verification and compliance Employers must verify visa status (BRP or digital check) and should retain a record of term and vacation dates provided by the institution. Oversight is mandatory: breaching Student work limits invalidates the visa and can trigger Home Office penalties for both employer and worker under the Immigration, Asylum and Nationality Act 2006. Education sponsors must report breaches and monitor compliance (see Student sponsor guidance: section 9).
Consequences of violation A breach may result in visa curtailment, loss of permission to work, and civil penalties for the employer. The prohibition on excessive hours and unauthorized work applies to both paid and unpaid roles.
Source: Immigration Rules: Appendix Student Source: Employer’s guide to right to work checks: 26 June 2025 Source: Student sponsor guidance, 2025
Switching immigration categories in the UK: who can apply in-country and statutory bars (2026)
The United Kingdom’s Immigration Rules set clear parameters for when a person holding particular immigration status may switch to another work or study route from within the UK (an “in-country application”), rather than physically departing and applying from overseas. This is a core compliance risk for UK employers sponsoring new hires already in the UK on non-work routes (such as students or visitors), as breaching a switching prohibition results in automatic refusal, potential loss of current status, and sponsor liability for unlawful employment.
General switching principle and statutory bar The default rule is that a person can only switch into a new immigration category from within the UK if they are not expressly prohibited by the Immigration Rules for the target route. General prohibition grounds are found in Immigration Rules Part 1, paragraphs 34–39E. Each Appendix (Skilled Worker, Global Business Mobility, Graduate, Temporary Work, etc.) then specifies additional restrictions for that route (see e.g., SW 1.6A, GT 1.2–1.3, GR 1.2–1.3).
Key switching pathways (2026)
- Permitted to switch in-country: Most Student visa holders (Appendix ST), Graduate visa holders (Appendix Graduate), and several other work-category migrants (already on a licensed route) may generally switch into Skilled Worker or other main work visa categories from within the UK, provided eligibility (including sponsorship and minimum salary) is met.
- Barred from switching in-country: Visitors (Appendix V), Short-term Students (ST 1.10), Seasonal Workers, those with leave outside the Rules, or with immigration bail are not allowed to switch to most work or study categories from within the UK. They must depart and apply from overseas (see e.g., Appendix Skilled Worker SW 1.6A; Appendix Temporary Work TW 2.5). Some categories (such as those on the Parent of a Child Student route, Domestic Worker in a Private Household, or in breach of immigration conditions) are also barred.
- Notable recent changes: From 17 July 2023, Student visa holders may only switch into Skilled Worker on completion of their course (per SW 1.7A). This limits mid-course switching and closes key historic loopholes.
Procedural steps Where switching is permitted, the applicant must apply online from within the UK before their current leave expires, must not breach conditions before the switch, and must typically evidence continued lawful residence and compliance (see relevant route-specific Appendices for documentation).
Risks and common failure points
- Attempting to switch in violation of a statutory bar results in refusal; overstaying while awaiting a switch outcome is a breach, risking curtailment or removal.
- Employers hiring in-country must obtain proof of lawful work status during and after the switch; reliance solely on application submission is risky without Home Office statutory permission to work (delays can result in periods of no right to work).
Always check both Immigration Rules Part 1 and the Appendix for the proposed new route. The Home Office updates switching rules periodically and these are strictly enforced.
Source: Immigration Rules Part 1: General Provisions Source: Immigration Rules: Appendix Skilled Worker Source: Immigration Rules: Appendix V (Visitors)
Scale-up Worker visa: eligibility, employer criteria, and permitted activities (2026)
The Scale-up Worker visa enables fast-growing UK businesses to sponsor skilled employees under a hybrid route combining an initial period of employer sponsorship with unsponsored work eligibility after six months. This route is governed by Immigration Rules: Appendix Scale-up (effective from 22 August 2022, as most recently amended).
Employer eligibility: “scale-up” company criteria To sponsor under this route, a company must hold a Home Office Scale-up sponsor licence (Appendix SCU 2.1). To qualify as a “scale-up,” the company must demonstrate either average annual turnover or staffing growth of at least 20% for each of the three years before application, with at least 10 employees at the period start (SCU 3.1–3.3). The Home Office verifies this using HMRC records.
Applicant requirements
- Valid Certificate of Sponsorship (CoS) from a scale-up sponsor (SCU 4.1).
- Job offer in an eligible role at RQF Level 6 or above as listed in Appendix Skilled Occupations (SCU 5.1).
- Minimum salary of at least £34,600 per year, or the going rate for the role if higher (per SCU 6.1–6.4 as of April 2024; this threshold is updated, so employers should check the current version for future years).
- English language ability to at least CEFR B1 in all components (SCU 7.1).
- Financial maintenance: must either have £1,270 cash funds held for at least 28 days, or have this certified by the sponsor (SCU 8.1).
Sponsorship and unsponsored phases Applicants are sponsored for the first six months (SCU 4.2). After this period, they may remain in the UK for the visa duration (usually up to two years total) and work for any employer or as self-employed, provided they do not breach the route conditions (SCU 4.3–4.5).
Extension and settlement Scale-up Workers may extend without further sponsorship if they show PAYE earnings of at least £34,600 (or the required minimum) for at least 50% of the previous grant period (see SCU 9.1–9.3). For indefinite leave to remain, applicants must show qualifying earnings for at least 24 months and meet standard ILR requirements (SCU 10.1–10.4). Time spent in the Scale-up Worker route can be combined with time under Skilled Worker or permitted categories for the five-year settlement period.
Applications are online, require payment of visa fees and Immigration Health Surcharge, and may include eligible dependants.
Source: Immigration Rules: Appendix Scale-up Source: Scale-up Worker visa: guidance, Home Office