Q&As
Is there now a requirement on sponsors to conduct right to work checks on all contractors/self-employed individuals carrying out work for them? Or is this only relevant to self-employed sponsored workers?
As noted in Practice Note: Workers and Temporary Workers sponsor duties and adapting human resources systems, para C7.27 of the Sponsor Guidance, under the heading ‘Sanctions for employing illegal workers’ was changed on 8 August 2022 to say (our emphasis):
‘Note: where the worker is not your direct employee (for example, if they’re self-employed), you are not required to establish a statutory excuse but you must still carry out these checks (and retain evidence you have done so) to comply with your record-keeping duties, as set out in Appendix D to the sponsor guidance.’
In Appendix D: guidance for sponsors on keeping documents (our emphasis) ‘Part 1: for each sponsored worker’ of that Appendix previously changed in April 2022 to say (as it still says):
‘a. Evidence you have checked that each of your sponsored workers has the legal right to work in the UK and do the work in question for
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