An increase in illegal working visits and information requests puts further pressure on businesses to get their Right to Work checks and processes spot on.
Employers in the UK are required to carry out Right to Work checks on all workers before they start work. In the case of workers who are in the UK on a time-limited basis (normally a visa of some kind), employers are also required to repeat their Right to Work checks on the expiry of the original visa, to confirm that the worker has extended their visa or acquired the Right to Work on an alternative basis (e.g. Indefinite Leave to Remain).
A worker works illegally where they are in the UK without permission, or where their visa does not authorise them to engage in the type of work for which you are hiring them. If you fail to carry out your Right to Work checks correctly, and it is discovered that any of your workers are working illegally, then you may be liable for financial – and criminal – sanctions.
There are strict and relatively complex rules on how to carry out Right to Work checks, which vary depending on the nationality of the worker and the basis from which they derive their Right to Work. Many employers either do not understand when Right to Work checks need to be carried out, or do not realise that they are carrying out their checks incorrectly – with the construction sector being particularly at risk, as we highlighted in a recent article.
Now, the Home Office have upped the ante, with a flurry of illegal working information requests being issued to employers. These information requests are normally issued by the Home Office only after they have been given reason to suspect illegal working – whether further to an illegal working visit or sponsor audit, or otherwise. The information request ordinarily serves as the last barrier to the Home Office issuing an illegal working civil penalty against the employer, which can be as high as £60,000 per illegal worker.
Employers have 10 days to respond to illegal working information requests, providing information about any suspected instances of illegal working that the Home Office have highlighted, along with evidence of properly carried out Right to Work checks.
If you receive an illegal working information request, we would strongly recommend seeking legal advice. It may be that the Home Office have misunderstood or missed some crucial piece of evidence, which might allow you to escape a fine entirely. Alternatively, your legal advisers may be able to make representations that demonstrate mitigating circumstances in your case, reducing the penalty incurred.
Still, the best way to avoid an illegal working penalty is to ensure that your Right to Work checks and processes are compliant with the latest rules and guidance in the first place. Illegal working visits and arrests have shot up over the past year. In the year from 5 July 2023 to 28 June 2024, 6,797 visits were made across the UK, with 4,734 arrests being made. In the year from 5 July 2024 to 28 June 2025, 10,031 visits were made, with 7,130 arrests. This sharp increase demonstrates the Home Office’s increased focus on Right to Work compliance and enforcement over the past year. And employers are paying the price, with 2,105 civil penalties being issued between 5 July 2024 and 28 June 2025.
We offer a Right to Work audit service, to ensure that your processes and records are compliant and ready for any Home Office inspection. We also have two Right to Work events, later this year.
On 16 September 2025, our Immigration team are hosting a Right to Work Master Class – this practical training session will cover acceptable documentation and step-by-step check procedures, to help employers comply with their Right to Work obligations and avoid illegal working penalties. Spaces for this session are limited to 10 places, so please do get in touch to reserve your place.
Then, on 23 September 2025, we are co-hosting an interactive live session with TrustID, focusing on practical guidance for implementing robust Right to Work processes, with reference to real-world case studies and scenarios. You can find more information and register for this here.
If you have any questions about these events or Right to Work compliance, please get in touch at [email protected]
