Yes, UK businesses can and do employ workers from around the world. But you must check that each worker has the right to work in the UK, and for many overseas hires you will need a sponsor licence. Getting this wrong is expensive: illegal working carries heavy civil penalties and can damage your business. Here is what employers in England and Wales need to know.
Always carry out a right-to-work check
Before someone starts work, you must check they are legally allowed to do the job. A compliant right-to-work check is done either:
- online, using the Home Office online service and a share code (for most visa holders and those with an eVisa); or
- by checking and copying original documents (such as a British or Irish passport) following the Home Office's prescribed steps; or
- via an Identity Service Provider for certain document holders.
Carrying out the check correctly and keeping records gives you a statutory excuse, a defence against penalties if it later turns out the worker did not have permission.
Sponsoring workers from overseas
If you want to employ someone who does not already have the right to work (for example, recruiting from abroad), you generally need to become a licensed sponsor and assign a Certificate of Sponsorship. The most common route is the Skilled Worker visa, which requires the job to meet skill and salary thresholds and the worker to meet other requirements (such as English language).
Becoming a sponsor brings ongoing duties: keeping records, reporting changes (such as a worker leaving or changing role), and co-operating with the Home Office. Failing these duties can cost you your licence.
The cost of getting it wrong
Illegal working is a serious matter, and the law has two separate regimes. An employer can face a civil penalty of up to £60,000 per illegal worker for employing someone who does not have the right to work unless it carried out a compliant right-to-work check giving it a statutory excuse; this does not depend on the employer knowing anything was wrong. Separately, it is a criminal offence to employ someone where the employer knows, or has reasonable cause to believe, that the person is disqualified from working by reason of their immigration status. There is also serious reputational and operational damage if your sponsor licence is revoked.
Discrimination: check everyone the same way
You must not assume someone's right to work from how they look or sound, and you should not single out applicants by nationality or ethnicity. Carry out the same checks on everyone you recruit, treating people differently risks a race discrimination claim under the Equality Act 2010.
Practical checklist
- Build right-to-work checks into your onboarding for every new starter.
- Keep dated copies/records of each check to preserve your statutory excuse.
- Diarise any time-limited permission to re-check before it expires.
- If recruiting from overseas, apply for a sponsor licence in good time.
- Apply checks consistently to avoid discrimination.
Key takeaways
- You can hire foreign workers, but must complete a right-to-work check for everyone before they start.
- Many overseas hires need you to be a licensed sponsor (commonly via the Skilled Worker route), with ongoing duties.
- Illegal working can cost up to £60,000 per worker in civil penalties, plus criminal liability.
- Check everyone the same way to avoid discrimination.
Sources
- Immigration, Asylum and Nationality Act 2006 and Immigration Act 2016 (illegal working and civil penalties)
- Home Office right-to-work check guidance and the sponsorship (Skilled Worker) framework
- Equality Act 2010 (avoiding discrimination in recruitment checks)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor or immigration adviser.