Right to Work vs Sponsorship is a balance every UK employer must strike carefully. It’s about knowing which checks are legally required before someone starts work, and which obligations come from holding a sponsor licence. From digital share codes to paper documents, from aligning roles with Certificates of Sponsorship to keeping records that pass scrutiny, the process can feel like a maze. But understanding the distinction and interplay between statutory right to work checks and sponsorship duties is the key to confident, compliant hiring and peace of mind for both employer and employee alike.
Why RTW Checks and Sponsor Duties Must Be Viewed Together?
For any employer holding a sponsor licence, two fundamental obligations converge:
- The statutory duty to conduct right to work (RTW) checks before the commencement of employment, thereby establishing a legal defence against liability for illegal working; and
- The tailored responsibilities under the sponsorship framework—ensuring that sponsored employees comply with the terms of their visas, that their roles correspond accurately with the Certificates of Sponsorship (CoS), and that all reporting and monitoring requirements are fulfilled.
The regulatory environment overseeing these obligations has become increasingly stringent. Employers must therefore not only evidence that RTW checks have been properly undertaken but also demonstrate full compliance with sponsorship duties, including confirming role eligibility, meeting the requisite salary thresholds, and maintaining thorough and aligned documentation.
What Employers Must Check: RTW vs Sponsorship
Here we outline the checks required under each regime and how they intersect.
1. Right to Work (RTW) Checks
- Timing: RTW checks must be completed before the individual begins work. Failure to do so removes the statutory excuse.
- Method:
- Digital Share Code: For workers with digital immigration status, generate and verify the share code via the GOV.UK service.
- Manual Document Check: For those without digital status, employers must review original physical documents (List A or List B) and retain copies.
- Follow-up checks: If the worker’s permission is time-limited, the employer must schedule a future check ahead of expiry.
- Record‑keeping: Employers must retain records of the check for the duration of employment and for two years after termination.
- Penalties: Failure to conduct RTW checks can result in civil penalties up to £60,000 per illegal worker.
2. Sponsorship Duties
- Licensed Sponsor: The employer must hold a valid sponsor licence. The register indeed lists licensed employers.
- Eligible Role: The worker must be assigned to a role that meets the relevant occupation code, skill level and salary thresholds.
- Certificate of Sponsorship (CoS): A valid CoS must be assigned before the worker applies for the visa and the employer must maintain documentation.
- Ongoing Compliance: The employer must monitor duties, salary, location, and employment status, and report changes via the Sponsor Management System (SMS).
- Right to Work Evidence Mapping: For sponsored workers, the employer must hold RTW evidence and have documentation that aligns with the CoS and visa conditions.
How RTW Evidence Maps to Sponsorship Requirements?
| Evidence Type | RTW Requirement | Sponsorship Requirement | Notes |
| Share Code / Digital Status | Confirms right to work in the UK. | Confirms visa status for sponsored worker. | Check expiry dates and conditions. |
| Manual Document (List A/B) | Verifies the right to work if the digital is not held. | Ensures visa terms, salary, and role match. | Keep clear copies dated and signed. |
| CoS record & SMS submission | Not required merely for RTW check. | Central to sponsor duties and ongoing monitoring. | Must align with role, salary, and employment terms. |
| Follow-up check reminder | For time-limited rights. | Monitors the sponsored worker’s permission and role. | Employer must act ahead of expiry. |
Employers must ensure the RTW documentation is not used in isolation. It must correspond with the worker’s sponsorship record: salary matches the going rate, hours and duties correspond to the occupation code listed on the CoS, and employment begins as stated. Where these diverge, the employer risks sponsor licence suspension or revocation.
Key Practical Steps for Employers in 2025
- Start checks early: Conduct RTW checks before the first day of employment—before the worker starts.
- Use digital verification: Where the worker has a share code, use the online system and retain the result—photograph, expiry, date of check.
- Keep manual check records: If using physical documents, verify in the person’s presence, take a copy (unless exempt), and note the date of the check.
- Link RTW records to CoS conditions: Maintain a file that demonstrates how the worker’s role, salary, and duties match the documentation on the CoS and sponsorship records.
- Monitor validity and renew: Set calendar alerts for expiry of time-limited permissions; carry out follow-up RTW checks before expiry.
- Review your internal processes: Conduct audits of RTW and sponsorship compliance—especially where roles have changed, or workers have changed status.
- Train HR teams: Ensure HR personnel understand both RTW checks and sponsorship duties—blurring them is risky.
- Stay updated on guidance: The “Guidance for Sponsors” sets out the expectations for both RTW and sponsorship duties.
Why Getting This Right Matters?
Non-compliance has real consequences: the Home Office’s recent figures show approximately thousands of licences revoked in one year alone, signalling the regulator’s focus on enforcement. A breach of RTW obligations can lead to heavy penalties, damage to reputation, and the risk of losing the sponsor licence. In turn, improper sponsorship practices or mismatches between the RTW evidence and the CoS can lead to immediate licence suspension and jeopardise both employer and employee status. The two regimes—RTW checks and sponsorship duties—are increasingly interdependent and must be managed as a unified compliance framework.
Key Takeaway!
In 2025, employers must treat RTW checks and sponsorship duties as integral parts of their hiring and workforce management policies. Properly executed digital or manual RTW checks create the foundation of compliance. From there, ensuring that the worker’s role corresponds with the CoS, salary, and duties fulfils the sponsorship obligations. Mapping RTW evidence to CoS data strengthens your defence in any audit or investigation. By taking these steps, employers protect both their licence and the individuals they sponsor.
For further employer-focused insights, updates and tools on sponsor licence compliance, follow Sponsor Licence Hub – your trusted resource for navigating the complexities of UK immigration and employment law.
