Right to Work for Migrants UK (2026 Visa Guide)

Foreign nationals do not automatically have the right to work in the UK. Permission to work depends entirely on immigration status and the specific conditions attached to a person’s leave under the Immigration Rules. Those conditions determine whether an individual can work, who they can work for, how many hours they can work, and whether they can be self-employed.

The legal framework governing the right to work for migrants in the UK is strict. Breaching visa conditions can result in curtailment of leave, refusal of future immigration applications, civil penalties for employers, and in serious cases, removal from the UK. Employers are also under a statutory duty to prevent illegal working, with compliance oversight led by UK Visas and Immigration (UKVI) and enforced through the illegal working regime and associated prevention of illegal working requirements.

Because “right to work” is a status-based concept, a migrant’s work permission can be unrestricted, restricted to a particular sponsor or role, capped by hours, or prohibited altogether. This article explains how work permission operates across the main visa categories, and what migrants and employers must do to stay compliant within the wider body of UK immigration laws.

What this article is about

This article provides a comprehensive legal guide to the right to work for migrants in the UK in 2026. It explains which visa categories allow work, the differences between restricted and unrestricted work rights, how self-employment is treated under immigration law, employer compliance obligations, switching routes to obtain work rights, and the legal consequences of non-compliance. The aim is to provide clarity for migrants, employers, HR professionals and compliance teams operating within the UK immigration framework.

Section A: Which Migrants Have the Right to Work in the UK?

Not all migrants have the same level of work permission. The right to work depends entirely on the immigration route under which leave has been granted. Some visas are employer-sponsored and tightly controlled. Others allow broad flexibility. Some grant unrestricted work rights similar to those held by settled persons.

Understanding the category of leave is the starting point for determining lawful employment. Where there is any doubt, employers should verify permission using compliant right to work checks, including the use of a right to work share code where the individual holds digital status.

1. Sponsored Work Routes

Sponsored routes are structured around a licensed UK employer holding a sponsor licence. The migrant’s permission to work is tied to the sponsor and the specific role described in the Certificate of Sponsorship (CoS). This means the migrant must generally work for the sponsor in the sponsored role and meet the route’s ongoing requirements, including salary and role conditions.

Skilled Worker visa

The Skilled Worker visa is the principal long-term sponsored work route. It requires a job offer from a licensed sponsor and an eligible role that meets the relevant skill and salary thresholds. In practice, employers will usually need a sponsor licence in place, and where the business is new to sponsorship, it will need to apply for a sponsor licence before issuing a CoS.

Skilled Worker visa holders may work only for their sponsoring employer in the role described in their CoS. If they change employer, or in many cases materially change role, they will typically need a new CoS and a new immigration application before the change takes effect.

Skilled Worker visa holders may also be able to undertake supplementary employment, but the permissions are limited. Supplementary work must be outside the worker’s sponsored working hours, must not exceed 20 hours per week, and must fall within the Home Office supplementary employment rules, including that the work is in an eligible occupation code and is either in the same occupation code as the sponsored role or in an occupation on the Immigration Salary List where applicable. Employers should avoid relying on simplified assumptions about supplementary work and should verify that the proposed work meets the route conditions.

Skilled Worker visa holders are also subject to a condition of no recourse to public funds.

Health and Care Worker visa

The Health and Care visa is a sub-category of Skilled Worker for eligible healthcare and social care roles. Work is restricted to the sponsoring organisation and the approved role. Supplementary employment is subject to the same kinds of limitations as the Skilled Worker route, and public funds remain prohibited.

Global Business Mobility routes

Global Business Mobility routes allow overseas businesses and linked UK entities to deploy workers to the UK for specific business purposes. Work is restricted to the sponsoring entity and the role or assignment described in the sponsorship. These routes do not directly lead to settlement, although individuals may be able to switch into a settlement route if they meet the requirements of that route.

Scale-up visa

The Scale-up visa operates differently from traditional sponsored routes. During the first six months, the visa-holder must work for their sponsoring scale-up employer in the sponsored role. After six months, sponsorship falls away and the visa-holder gains significantly more flexibility, including the ability to change employer and, in principle, to become self-employed and take on additional roles. Extension remains conditional and requires evidence that the visa-holder has met the relevant earnings threshold during the grant period.

Sponsored routes are tightly regulated. Working outside the permitted scope, including working in a way that does not match the sponsorship conditions, can amount to a breach of visa conditions and may trigger Home Office compliance action.

2. Unsponsored Work Routes

Some immigration categories allow migrants to work without being tied to a sponsor. These routes can offer broader freedom to take employment, change roles, and in many cases engage in self-employment, but visa conditions still apply and public funds restrictions are common.

Global Talent visa

The Global Talent visa offers significant flexibility. Holders may work for employers, be self-employed, establish businesses and change roles without needing sponsorship. In practice, however, individuals who later intend to qualify for settlement should ensure they can evidence activity and earnings in line with their endorsed field when meeting route requirements.

Graduate visa

The Graduate visa allows eligible international graduates to remain in the UK and work without sponsorship. Holders may take full-time work, work at any skill level, and be self-employed. The route is time-limited and does not itself lead directly to settlement, but it commonly acts as a bridge into sponsored work routes. Where a graduate later secures an eligible sponsored role, they may be able to switch from Graduate visa to Skilled Worker from within the UK if they meet the relevant criteria.

UK Ancestry visa

The UK Ancestry visa permits wide-ranging work rights, including employment and self-employment, with no requirement to work for a sponsor.

Youth Mobility Scheme

The Youth Mobility visa permits work in most roles and can allow self-employment, but route-specific restrictions apply. These restrictions are detailed and can include limitations on employing staff, operating from business premises beyond a home address, and holding certain business assets. Visa-holders should check the precise conditions attached to their status and avoid treating Youth Mobility self-employment as unrestricted.

3. Family and Settlement Routes

Family-based and settlement routes generally provide the broadest work permission. In most cases, these routes allow holders to work full-time, change employer freely and engage in self-employment, subject to general UK law.

Partner and spouse visas

Most partners under Appendix FM will be granted permission with a right to work. Many will also be granted permission with a no recourse to public funds condition, although this can be varied in specific circumstances, including where there is destitution or risk of destitution. For a wider overview, see Family visa guidance.

Student visa

Although not a family route, the Student route is commonly relevant to work permissions and employer compliance. Student work rights depend on course level and the sponsor’s status. Degree-level students are typically permitted to work up to 20 hours per week in term time and full-time during official vacation periods, while students below degree level are typically restricted to 10 hours per week, and some students may have no work permission at all depending on their circumstances. Employers should avoid relying on a generic “20 hours” assumption and should check the student’s conditions. For detailed guidance, see Student visa information and the specific analysis of Student visa working hours.

Indefinite leave and settled status

Individuals with Indefinite Leave to Remain and those holding status under the EU Settlement Scheme will generally have unrestricted work rights in the UK, including the ability to work and be self-employed without sponsorship. Employers should still conduct compliant right to work checks and retain evidence to maintain a statutory excuse.

Innovator Founder visa

The Innovator Founder visa is designed for entrepreneurs establishing innovative businesses in the UK. Holders are expected to work on their endorsed business and remain subject to ongoing endorsement monitoring and compliance requirements. While additional work may be permitted, applicants should ensure that any work undertaken does not undermine the core endorsed business activity required by the route and that they can continue to demonstrate progress against endorsing body expectations.

Skilled Worker compliance reminder

Where a migrant’s work permission is tied to sponsorship, employers should treat sponsorship as a compliance regime rather than a hiring formality. Sponsor duties, record-keeping and reporting obligations sit alongside the wider illegal working framework. In practice, robust processes reduce exposure to a civil penalty and help protect sponsor licence status.

Section A Summary

The right to work for migrants in the UK depends entirely on immigration status and the conditions attached to that status. Sponsored routes restrict employment to specific employers and roles, and supplementary employment is tightly controlled. Unsponsored routes allow greater flexibility, but conditions still apply. Family and settlement routes generally permit broad work rights, although restrictions such as no recourse to public funds may apply unless varied. Determining the visa category and verifying the individual’s conditions through compliant right to work checks is essential before work begins.

Section B: Which Migrants Cannot Work in the UK?

While many visa categories permit employment in some form, certain immigration routes prohibit work entirely. In these cases, undertaking employment or self-employment is a direct breach of immigration conditions and may trigger enforcement action under the Immigration Act 1971 and the wider illegal working regime.

It is critical to distinguish between “limited work” and “no work”. UK immigration law interprets work broadly. It can include paid employment, unpaid roles, self-employment, freelance activity, and services provided to UK-based organisations. Even where income is not immediately received, activity that amounts to participation in the UK labour market may constitute work for immigration purposes.

1. Visitor Visa Restrictions

The most common category where work is prohibited is the Standard Visitor visa. Visitors are admitted for temporary purposes such as tourism, family visits, short business meetings or permitted engagements. They are not admitted to undertake employment.

Visitors cannot:

• Take employment with a UK employer
• Be self-employed
• Establish or run a business in the UK
• Undertake work placements or internships
• Fill a role in a UK organisation

Although the Visitor route allows certain permitted activities, these are strictly defined and do not amount to employment. For example, visitors may attend meetings, conferences or negotiate contracts. They may also undertake limited permitted paid engagements where specifically allowed under the Immigration Rules. However, they cannot undertake productive work for a UK entity or effectively enter the UK labour market.

Remote working while physically present in the UK as a visitor is a particularly sensitive area. Limited remote activity linked to overseas employment may be permissible where it is incidental to the visit and not the primary purpose of entry. However, it must not amount to entering the UK labour market, nor involve delivering services to UK-based clients or organisations in a way that resembles employment. Employers should treat this area with caution and seek advice where the facts are unclear.

Working in breach of Visitor conditions can result in:

• Cancellation of leave
• Administrative removal from the UK
• Refusal of future visa applications
• Possible re-entry bans in more serious cases

The Visitor route is not a temporary solution for employment in the UK. Individuals who intend to work must apply under the appropriate work or family route before commencing activity.

2. Short-Term and Restricted Study Routes

Some short-term study routes either prohibit work entirely or impose strict limits. For example, Short-term Study visas generally prohibit employment. In addition, certain students studying at independent schools may have no work permission attached to their leave.

For Student visa holders under the main Student route, work rights vary depending on course level and sponsor type. As outlined in Section A, degree-level students are typically permitted to work up to 20 hours per week during term time, while those below degree level are typically limited to 10 hours per week. Where a student’s conditions prohibit work, any employment, including part-time or casual work, is unlawful.

Employers should avoid assumptions and instead confirm the student’s specific conditions through compliant right to work checks. Reliance on a generic understanding of “student work rights” without verification exposes the employer to enforcement risk.

3. Temporary Routes with Narrow Conditions

Certain temporary immigration routes allow only very limited, route-specific activity. This can include roles in religious organisations, charity work or structured exchange programmes. In these cases, work is normally restricted to the sponsoring organisation and the specific activity described in the sponsorship documentation.

Undertaking additional employment outside the permitted scope, even if it appears minor or unrelated, may breach visa conditions unless the Immigration Rules expressly allow supplementary employment. Employers should ensure that any additional work undertaken by a sponsored worker falls squarely within the permitted framework and does not undermine sponsor compliance.

4. Overstayers and Expired Leave

A person whose visa has expired and who has not submitted a valid in-time application does not have the right to work. Once leave expires without lawful basis for remaining, employment becomes unlawful.

There is an important distinction between overstaying and being protected by Section 3C leave. Where a valid extension application is submitted before the expiry of existing leave, Section 3C of the Immigration Act 1971 automatically extends the individual’s existing conditions while the application is pending. This means that if the person previously had permission to work, that permission continues on the same terms until a decision is made. Section 3C does not expand work rights; it preserves them.

Where no valid in-time application has been made, Section 3C does not apply and the right to work falls away. Employers must monitor visa expiry dates and conduct repeat checks where required to maintain a statutory excuse.

Section B Summary

Some migrants have no right to work at all, particularly visitors and certain short-term or temporary routes. Others are permitted to work only within tightly defined boundaries. Any employment outside permitted conditions is unlawful and may result in serious immigration consequences for the individual and civil or criminal liability for the employer. Verifying status and conditions before employment begins is essential to avoid breaching the illegal working regime.

Section C: Self-Employment for Migrants in the UK

Self-employment is treated differently from employment under UK immigration law. A migrant’s ability to run a business, operate as a sole trader, act as a consultant or work as a freelancer depends entirely on whether their visa conditions expressly permit it.

Being registered with HM Revenue and Customs does not in itself create immigration permission. Immigration status determines whether self-employment is lawful. Tax compliance and immigration compliance operate independently. A migrant may be fully compliant with HMRC but still be in breach of their visa if their conditions prohibit self-employment.

1. Visa Routes That Permit Self-Employment

Several immigration categories allow migrants to engage in business activity or self-employment. However, the scope and practical limitations differ between routes.

Global Talent visa

The Global Talent visa offers wide flexibility. Holders may establish businesses, act as consultants, undertake multiple projects and combine employment with self-employment. There is no sponsor restriction. For settlement purposes, however, individuals should ensure they can evidence earnings and activity within their endorsed field where required.

Innovator Founder visa

The Innovator Founder visa is specifically designed for entrepreneurs establishing innovative businesses in the UK. Holders are expected to work on their endorsed business and remain subject to ongoing endorsement monitoring. The business must remain viable, innovative and scalable in line with endorsing body requirements.

While additional work may be permitted under the Immigration Rules, applicants must ensure that any supplementary activity does not undermine their primary obligation to develop the endorsed business. Failure to meet endorsement requirements may impact extension or settlement eligibility.

Graduate visa

The Graduate visa permits self-employment without sponsorship. There are no immigration salary thresholds or occupation code requirements under this route. However, the visa is time-limited and does not lead directly to settlement, meaning long-term entrepreneurs may need to transition into another route.

Scale-up visa (after six months)

As outlined earlier, the Scale-up visa requires sponsored employment for the first six months. After that period, sponsorship falls away and self-employment becomes permissible. Extension remains conditional upon meeting the route’s earnings threshold during the grant period.

UK Ancestry visa

The UK Ancestry visa permits unrestricted employment and self-employment. Holders may establish and operate businesses without sponsor involvement.

Family and spouse visas

Most partner and spouse visa holders under Appendix FM may engage in self-employment. There are no immigration-specific restrictions on business activity, although the no recourse to public funds condition commonly applies unless varied. General UK regulatory and tax requirements must still be met.

Youth Mobility Scheme

The Youth Mobility visa permits a degree of self-employment, but detailed route-specific restrictions apply. These can include limitations on employing staff (other than in specific permitted circumstances), operating from commercial premises beyond a home address and holding certain business assets. Applicants should review Appendix Youth Mobility Scheme carefully before commencing business activity.

2. Skilled Worker and “Self-Sponsorship” Structures

The Skilled Worker visa does not automatically permit self-employment. Work is normally restricted to the sponsoring employer in the sponsored role.

It is, however, legally possible for an individual to establish a UK company, obtain a sponsor licence and sponsor themselves as a Skilled Worker. This is sometimes described as “self-sponsorship”, although it is not a separate immigration route. It is a configuration within the Skilled Worker framework.

For this structure to be lawful and sustainable:

• The vacancy must be genuine and meet the Home Office genuine vacancy test
• The salary must meet the relevant threshold
• The role must be credible and necessary to the business
• The sponsor must comply with all reporting and record-keeping duties
• The company must demonstrate genuine employer control rather than nominal sponsorship

The Home Office may refuse or revoke a sponsor licence where it considers the arrangement contrived or non-compliant. Sponsor compliance audits and record-keeping requirements apply equally to owner-managed businesses. Employers should treat sponsorship as a regulated framework rather than a procedural formality.

3. Immigration Compliance and Tax Obligations

Where self-employment is permitted under immigration law, the migrant must still comply with UK tax and regulatory obligations.

This typically includes:

• Registering with HM Revenue and Customs
• Submitting annual Self Assessment tax returns
• Paying Income Tax and National Insurance contributions
• Registering for VAT where turnover exceeds the threshold
• Complying with sector-specific licensing requirements

Immigration permission governs whether business activity is allowed. HMRC compliance governs how income is taxed and reported. Failing to meet either set of obligations can have legal consequences.

4. Risks of Unlawful Self-Employment

Engaging in business activity where immigration conditions prohibit self-employment can lead to serious consequences. For example, a Student visa holder operating as a freelancer would be in breach of their visa conditions even if all income is declared to HMRC.

Consequences may include:

• Curtailment of leave
• Refusal of future visa applications
• Adverse credibility findings
• Removal from the UK in serious cases

Section C Summary

Self-employment is only lawful where the relevant immigration route permits it. Unsponsored and family routes often provide flexibility, while sponsored work routes are generally restrictive. “Self-sponsorship” under Skilled Worker is possible but subject to strict compliance requirements and Home Office scrutiny. Tax registration does not override immigration law. Migrants considering business activity must confirm that their visa conditions expressly allow self-employment before trading begins.

Section D: Employer Right to Work Checks and Legal Compliance

The right to work framework does not operate in isolation. UK employers are under a statutory obligation to prevent illegal working under the Immigration, Asylum and Nationality Act 2006. This duty applies to all employers, regardless of size, sector or whether they hold a sponsor licence.

The responsibility sits with the employer. It is not sufficient to rely on an employee’s assurance that they are permitted to work. A compliant right to work check must be conducted before employment begins in order to establish a statutory excuse against civil liability.

1. The Legal Duty to Prevent Illegal Working

Before a migrant starts work, the employer must conduct a compliant check in accordance with Home Office guidance. This establishes a statutory excuse if the individual is later found not to have the right to work.

There are two primary methods of checking:

• An online check via the Home Office digital system, typically using a right to work share code
• A manual check of acceptable physical documents where permitted

Employers must:

• Verify the individual’s identity
• Confirm that the documents or digital status are valid
• Ensure that the individual presenting is the person described
• Retain evidence of the check
• Record the date on which the check was conducted

Where the individual has time-limited permission, follow-up checks must be carried out before expiry. Employers should embed compliant right to work checks into onboarding and HR monitoring systems to maintain a statutory excuse.

2. Civil Penalties and Criminal Liability

If an employer is found to have employed someone who does not have permission to work and cannot demonstrate a statutory excuse, the Home Office may issue a civil penalty. The maximum civil penalty is currently up to £60,000 per illegal worker.

Details of the illegal working regime and associated enforcement action are explained in guidance on preventing illegal working and the wider civil penalty framework.

In more serious cases, where an employer knew or had reasonable cause to believe that an individual did not have permission to work, criminal liability may arise. Conviction can result in unlimited fines, imprisonment and potential director disqualification.

The Home Office also publishes the names of employers who receive civil penalties, creating reputational and commercial risk.

3. Sponsor Licence Compliance

For organisations that hold a sponsor licence, compliance obligations extend beyond basic right to work checks. Sponsors must:

• Ensure that sponsored workers perform only the role described in their Certificate of Sponsorship
• Monitor attendance and engagement
• Report specified changes in circumstances via the Sponsor Management System
• Maintain accurate and up-to-date HR records
• Ensure that salary and role requirements continue to be met

Failure to meet sponsor duties can result in licence suspension or revocation. In the event of revocation, sponsored workers’ visas may be curtailed, which can have immediate operational consequences for the business.

Employers operating within the sponsored work system should treat sponsorship as a regulated compliance framework rather than a recruitment tool.

4. Ongoing Monitoring and Remote Work Considerations

Right to work compliance is not a one-off administrative step. Employers must track visa expiry dates, conduct repeat checks where required and update records when immigration status changes.

Modern working arrangements, including hybrid and remote working, do not remove the requirement for lawful immigration status. If a migrant is physically working in the UK, they must have immigration permission that allows that work, regardless of whether the employer is UK-based or overseas.

Immigration law focuses on where the work is physically performed. Employers must ensure that sponsored roles match the occupation code and sponsorship conditions and that any change in working pattern does not breach immigration requirements.

Section D Summary

UK employers carry a statutory obligation to prevent illegal working. A compliant right to work check must be conducted before employment begins and, where necessary, repeated during employment. Sponsor licence holders face additional reporting and monitoring duties. Failure to comply can result in substantial civil penalties, potential criminal liability and licence revocation. Right to work compliance is an ongoing responsibility embedded within wider HR and governance systems.

Section E: Switching Visas to Gain Work Rights

A migrant’s right to work is not fixed permanently. It may change where the individual becomes eligible to switch into a different immigration category. Switching routes can expand, restrict or fundamentally alter work permissions.

However, switching is governed strictly by the Immigration Rules. Not all migrants are permitted to apply from within the UK, and eligibility depends on current status, timing and compliance history. Applications must normally be submitted before existing leave expires.

1. Switching from Student to Skilled Worker

A common transition is from the Student route into the Skilled Worker visa.

A Student visa holder may apply to switch in-country if they:

• Have successfully completed, or are close to completing, an eligible qualification
• Have received a valid Certificate of Sponsorship from a licensed employer
• Meet the relevant skill and salary thresholds

The application must be submitted before the Student visa expires. If submitted in time, Section 3C of the Immigration Act 1971 extends the individual’s existing conditions while the application is pending. This means that the Student’s existing work conditions continue until a decision is made.

Once Skilled Worker status is granted, work becomes restricted to the sponsoring employer and role. The migrant may not commence work in the sponsored role until permitted under the Immigration Rules and relevant transitional provisions.

2. Graduate to Sponsored Work

The Graduate visa provides broad work permission without sponsorship. However, it is time-limited and does not itself lead directly to settlement.

Many Graduate visa holders transition into sponsored routes such as Skilled Worker or Scale-up. Where eligible, they may switch from Graduate visa to Skilled Worker from within the UK, provided the role and salary meet the relevant thresholds.

As with all switching applications, timing is critical. The new application must normally be submitted before Graduate leave expires.

3. Switching from Family Routes to Work Routes

Individuals on partner or spouse visas may switch into sponsored work routes if they meet the requirements of the new route. This may arise where the relationship has broken down or where the individual seeks a route independent of family sponsorship.

Switching is subject to in-country application rules, including suitability and eligibility requirements. Where a person’s leave is curtailed or expires without a valid application, switching options may become more limited.

4. Routes That Cannot Switch In-Country

Not all visa categories permit switching from within the UK.

Most notably:

• Visitors cannot switch to a work route from within the UK
• Short-term Study visa holders cannot normally switch in-country
• Certain temporary routes may require departure and overseas entry clearance

A Visitor visa holder who intends to work must leave the UK and apply for the appropriate visa from overseas. Attempting to remain and work while holding a non-switchable visa is unlawful and may trigger enforcement action.

5. Impact of Previous Breaches

Previous breaches of work conditions can affect switching applications. Decision-makers may consider whether an applicant has worked illegally, overstayed or breached sponsorship conditions.

Such conduct can lead to refusal under the general grounds for refusal and may undermine credibility in future applications. Maintaining strict compliance with existing visa conditions is therefore critical when planning a route transition.

Section E Summary

Switching visa categories can significantly alter a migrant’s right to work. Many routes, including Student and Graduate visas, permit in-country switching into sponsored employment where eligibility requirements are met. However, visitors and certain temporary migrants cannot switch from within the UK and must apply from overseas. Applications must be made before leave expires, and Section 3C leave preserves existing conditions but does not expand work rights. Careful timing and compliance are essential when planning a transition.

Section F: Consequences of Illegal Working for Migrants and Employers

Illegal working is treated seriously under UK immigration law. The Home Office has broad enforcement powers and applies both civil and criminal sanctions where breaches occur. The consequences can be severe for both migrants and employers, and enforcement action may have long-term implications for immigration status and business operations.

1. Consequences for Migrants

A migrant who works in breach of their visa conditions may face immediate and long-term consequences.

Visa curtailment

If the Home Office identifies a breach of work conditions, it may curtail the individual’s leave. Curtailment shortens the validity of the visa and requires the individual to leave the UK or submit a lawful application within a specified timeframe. Curtailment decisions are typically grounded in powers under the Immigration Act 1971 and associated policy guidance.

Refusal of future applications

Illegal working may result in refusal under the general grounds for refusal. Decision-makers may assess:

• The nature and seriousness of the breach
• Whether the conduct was deliberate
• Whether deception was involved
• The individual’s overall compliance history

A record of non-compliance can affect future applications across work, family and settlement routes.

Removal and re-entry bans

In more serious cases, enforcement action may include administrative removal. Where deliberate non-compliance or deception is established, re-entry bans may apply, preventing return to the UK for a specified period.

Criminal liability

Knowingly working in breach of immigration conditions can amount to a criminal offence under section 24B of the Immigration Act 1971. While many cases are addressed administratively, prosecution remains possible in aggravated circumstances.

Illegal working can therefore affect not only current immigration status but also long-term prospects of settlement or return to the UK.

2. Consequences for Employers

Employers who hire individuals without the right to work face substantial legal and financial exposure.

Civil penalties

If an employer cannot demonstrate a statutory excuse through a compliant right to work check, the Home Office may impose a civil penalty. The maximum penalty is currently up to £60,000 per illegal worker. The framework governing these penalties is explained in the civil penalty regime and related illegal working guidance.

Sponsor licence suspension or revocation

For licensed sponsors, illegal working is particularly serious. The Home Office may suspend the sponsor licence pending investigation or revoke it entirely. Revocation can lead to the curtailment of sponsored workers’ visas and significant disruption to business operations.

Criminal sanctions

Where an employer knowingly employs someone without permission to work, criminal prosecution may follow. Conviction can result in unlimited fines, imprisonment and potential director disqualification. The threshold involves knowledge or reasonable cause to believe that the individual did not have permission.

Reputational impact

The Home Office publishes details of employers subject to civil penalties. Public naming can damage commercial relationships, investor confidence and brand reputation.

3. Wider Operational and Compliance Impact

Illegal working investigations often extend beyond the individual case. A Home Office compliance visit may involve:

• Review of HR and onboarding systems
• Inspection of personnel files and right to work records
• Scrutiny of sponsor reporting and monitoring processes
• Assessment of governance and internal controls

Where systemic weaknesses are identified, enforcement consequences may escalate. Businesses operating within the sponsored work framework must treat right to work compliance as part of core governance and risk management.

Section F Summary

Illegal working carries serious consequences for migrants and employers alike. Migrants risk visa curtailment, refusal of future applications, removal and possible re-entry bans. Employers face substantial civil penalties, potential criminal liability and sponsor licence revocation. Compliance must be proactive, documented and ongoing to mitigate enforcement risk and protect immigration status and business continuity.

Section G: Do Migrants Have the Same Employment Rights as UK Workers?

Immigration status determines whether a migrant is permitted to work in the UK. Employment law determines how that individual must be treated once lawfully employed. These are distinct but overlapping legal regimes.

Once a migrant has the right to work and enters lawful employment, they are entitled to the same core statutory employment protections as British and Irish workers. Employers cannot lawfully offer inferior terms or deny statutory protections solely on the basis of nationality or immigration status.

1. National Minimum Wage and National Living Wage

All workers in the UK, including migrants, must be paid at least the applicable statutory minimum wage. As of 2026, the National Living Wage applies to workers aged 21 and over, with lower statutory rates applying to younger workers and apprentices.

Employers must ensure that deductions for accommodation, uniforms or other items do not reduce pay below the statutory minimum. For sponsored workers, salary must also meet the relevant immigration salary threshold for the visa category. Immigration compliance and minimum wage compliance operate in parallel and both must be satisfied.

2. Working Time Regulations

Migrant workers are entitled to protection under the Working Time Regulations 1998. This includes:

• A maximum average working week of 48 hours unless a valid opt-out is signed
• A daily rest period of at least 11 consecutive hours
• A weekly rest period of at least 24 hours
• Paid annual leave of 5.6 weeks per year (pro-rated for part-time workers)

These rights apply regardless of nationality, provided the employment is lawful.

3. Written Statement of Employment Particulars

Under section 1 of the Employment Rights Act 1996 (as amended), employees and workers are entitled to receive a written statement of employment particulars on or before the first day of employment. This applies equally to migrant workers.

The statement must set out key terms such as pay, hours, place of work, notice periods and other core conditions. Failure to provide a compliant written statement can result in tribunal claims and financial awards.

4. Protection from Discrimination

The Equality Act 2010 protects individuals from discrimination on the basis of protected characteristics, including race, nationality, religion, disability and age.

Employers must not:

• Refuse employment solely because an individual is a migrant, where they have the right to work
• Subject migrant workers to less favourable treatment
• Apply inconsistent right to work checks in a way that disadvantages particular nationalities

Right to work checks must be conducted consistently for all prospective employees to avoid unlawful discrimination.

5. Unfair Dismissal and Loss of Right to Work

Migrant workers who meet the qualifying service requirement generally have the right not to be unfairly dismissed. They also benefit from statutory protections relating to redundancy, whistleblowing, unlawful deductions from wages and health and safety.

However, if a migrant loses the right to work, for example due to visa expiry or curtailment, continued employment may become unlawful. In such circumstances, dismissal may be lawful where there is a genuine statutory restriction preventing continued employment. Employers must nevertheless follow a fair process and document decision-making carefully.

Section G Summary

Once lawfully employed, migrants are entitled to the same statutory employment protections as UK workers. Immigration law governs whether work is permitted. Employment law governs how that work must be regulated. Employers must ensure that both regimes are satisfied to avoid liability under immigration and employment legislation.

Section H: FAQs

1. What does “right to work” mean in the UK?

The right to work refers to lawful permission under the Immigration Rules allowing a non-British or non-Irish national to undertake employment or self-employment in the UK. Permission depends entirely on the individual’s immigration status and the specific conditions attached to their leave. Employers must verify this status through compliant right to work checks before employment begins.

2. Can migrants work in the UK without a visa?

In most cases, no. A migrant must hold valid immigration status that permits work. British and Irish citizens do not require visas. Individuals with Indefinite Leave to Remain or status under the EU Settlement Scheme may work without restriction. Visitors and overstayers do not have the right to work.

3. Can a Student visa holder work full-time?

Degree-level Student visa holders are typically permitted to work up to 20 hours per week during term time and full-time during official vacation periods. Students below degree level are usually limited to 10 hours per week. Some students, including certain independent school students, may not have work permission at all. Employers should confirm the precise conditions through compliant right to work checks rather than relying on general assumptions.

4. Can a migrant be self-employed in the UK?

Only if their visa permits it. Routes such as Global Talent, Graduate, Innovator Founder, UK Ancestry, Youth Mobility (subject to route restrictions) and most family visas allow self-employment. Sponsored work routes such as Skilled Worker are generally restrictive unless structured lawfully within sponsorship requirements. Tax registration alone does not create immigration permission.

5. Do employers have to check a migrant’s visa status?

Yes. Employers have a statutory duty to conduct compliant right to work checks before employment begins. Failure to do so may result in civil penalties of up to £60,000 per illegal worker and potential criminal liability in serious cases. Employers must also conduct repeat checks where permission is time-limited.

6. Can a Visitor visa holder work remotely while in the UK?

Visitors cannot undertake employment for a UK organisation. Limited remote work linked to overseas employment may be permissible if it is incidental to the visit and does not amount to entering the UK labour market or delivering services to UK-based clients. This is a high-risk area and should be approached cautiously.

7. What happens if a migrant works illegally?

Consequences may include visa curtailment, refusal of future applications, administrative removal and possible re-entry bans. Employers may face civil penalties, sponsor licence revocation and, in serious cases, criminal prosecution. Illegal working can have long-term immigration and reputational consequences.

8. Can migrants switch visas to gain work rights?

Many migrants can switch in-country if eligible, such as moving from Student or Graduate routes into Skilled Worker. However, visitors and certain short-term visa holders cannot switch from within the UK and must apply from overseas. Applications must normally be submitted before current leave expires.

9. Do migrants have the same employment rights as UK workers?

Yes. Once lawfully employed, migrants are entitled to the same statutory employment protections as UK workers, including minimum wage, working time protections and protection from discrimination. Immigration status affects permission to work, not entitlement to employment law protections once work is lawful.

Section H Summary

The right to work for migrants in the UK depends entirely on immigration status and attached conditions. Employers must verify status before employment begins and maintain ongoing compliance. Migrants must ensure that any employment or self-employment falls squarely within their permitted conditions to avoid serious legal consequences.

Conclusion

The right to work for migrants in the UK is governed strictly by immigration status and the conditions attached to leave under the Immigration Rules. Work permission may be unrestricted, limited to a specific employer, capped by hours, or prohibited entirely depending on the visa category.

Migrants must understand precisely what their visa allows before undertaking employment or self-employment. Registration with HMRC, informal arrangements or assumptions about flexibility do not override immigration conditions. Breaching work restrictions can result in curtailment of leave, refusal of future applications, administrative removal and long-term immigration consequences.

Employers carry a parallel statutory obligation under the illegal working regime. A compliant right to work check must be conducted before employment begins and repeated where permission is time-limited. Sponsor licence holders face additional reporting and monitoring duties and may face suspension or revocation where compliance failures occur.

Switching immigration routes can expand or alter work rights, but eligibility and timing rules must be followed carefully. Section 3C leave preserves existing conditions but does not expand work permission.

In practice, managing the right to work requires coordinated compliance between immigration law and employment law. Immigration status determines whether work is permitted. Employment law governs how that work must be regulated. Both regimes must be satisfied to operate lawfully and minimise enforcement risk.

Glossary

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