An employer who has never carried out right to work checks can still obtain a sponsor licence, but the chances depend on the history of checks. According to a source, the Home Office answered this question as follows: start carrying out checks now, honestly state that they were not done before, and show evidence that the system will be followed from here on. The longer the history of checks, the better.

What the Law Requires

The law does not require every employer to carry out right to work checks. The requirement arises when applying for a sponsor licence: you must show that the organisation has a reliable system of such checks in place. The only way to prove this is through history: the employer must show that checks have already been carried out.

According to the source, the problem arises mainly for companies that previously limited themselves to copying documents or a simplified ID check without following the rules.

What the Home Office Advises

At an industry conference, the Home Office answered a question about employers with no history of checks. The answer was: start carrying out checks now, acknowledge that they were not done previously, and provide sufficient evidence that the system will be followed in the future. This route carries a risk of refusal, because the system has no history of use: a policy written yesterday and applied for one day carries less weight than the same policy applied for six months or a year.

If an employer plans to sponsor staff in advance, checks should be started early. In the case described, if an employee on a graduate visa has 2 years, 1 year or 6 months remaining, checks can be started now so that by the time of application there is a year or six months of history. Everything is recorded in writing, and the application includes an explanation of why and when the employer began checks.

Why Checks Fail

According to the source’s observations, 35–40% of refusals of initial licences are linked to right to work checks on employees who are already working. This is not about future sponsored workers, but about those who already work at the company. Simplified methods that do not comply with the rules are often used, and the Home Office does not accept them.

If you are unsure how to carry out checks, there is guidance in open sources: a search for “checklist for right to work check” is enough to find it.

Office building in a London business district, with an entrance on a busy street

Changes That Must Be Reported via SMS

A separate problem that often comes up when applying for priority slots is undeclared changes to employer data. The source lists typical cases: a change of address that was not entered into the system; a change of authorising officer; and restructuring and changes of ownership.

According to the source, when a company is restructured, for example through an acquisition or the creation of a holding company, and the change is not reported, the Home Office rejects all subsequent applications and checks the data against Companies House. All changes of ownership, holding or subsidiary structure must be reported. Whether a licence is also needed is decided separately.