I-9 Compliance and Right to Work Checks for UK Sponsored Employees

Introduction

For legal teams and risk management professionals, ensuring compliance with I-9 verification and UK right-to-work checks is critical to maintaining lawful employment of sponsored employees. While I-9 compliance is a U.S.-specific requirement, UK right-to-work checks are mandatory for employers sponsoring non-UK nationals under routes like the Skilled Worker or Global Business Mobility visas. With stricter enforcement in 2025, driven by the May 2025 Immigration White Paper, Restoring Control over the Immigration System, and the transition to eVisas by 31 December 2026, understanding these processes is essential to mitigate risks of penalties and operational disruptions. This guide compares I-9 and UK right-to-work requirements, outlines compliance steps, and provides strategies to manage sponsored employees in the UK.

Understanding I-9 Compliance (U.S. Context)

The I-9 form, mandated by the U.S. Immigration Reform and Control Act of 1986, verifies the identity and work authorization of all employees hired in the U.S., including non-citizens. While not directly applicable to UK operations, understanding I-9 compliance is relevant for multinational companies with dual UK-U.S. operations employing sponsored workers.

• Purpose: Confirms employees are authorized to work in the U.S.
• Process:
  
  • Employees complete Section 1 (personal details) by their first day of work.
  • Employers verify Section 2 (documents, e.g., passport, visa) within 3 business days.
  • Retain I-9 forms for 3 years after hire or 1 year after termination.
• Documents: Acceptable documents include U.S. passports, Employment Authorization Documents, or combinations like driver’s licenses and Social Security cards.
• Penalties: Fines range from $272–$2,717 per violation for paperwork errors and $2,360–$23,607 for knowingly employing unauthorized workers (2025 rates).

Relevance to UK: For UK-based firms with U.S. operations, I-9 compliance ensures consistency in global workforce verification, informing UK right-to-work processes.

UK Right to Work Checks

UK right-to-work checks are mandatory under the Immigration, Asylum and Nationality Act 2006 to confirm employees’ legal right to work. For sponsored employees (e.g., Skilled Worker Visa holders), these checks are critical to Sponsor Licence compliance.

Key Requirements

• Who: All employees, including sponsored non-UK nationals, must undergo checks before starting work and annually.
• When: Before employment begins and during visa validity (especially for eVisa transitions by 2026).
• How:
  
  • Manual Checks (Pre-2026): Verify physical documents (e.g., BRP, passport with visa vignette) and retain copies.
  • Online Checks: Use the Home Office’s online service to verify eVisas or BRPs via share codes provided by employees.
  • Employer Checking Service: For complex cases (e.g., pending applications), verify status via Home Office email.
• Documents:
  
  • Valid BRP (until 31 December 2026).
  • eVisa share code linked to a UKVI account.
  • Passport with visa vignette or entry clearance.
  • Certificate of Sponsorship (CoS) reference number for sponsored workers.
• Retention: Keep records for the duration of employment plus 2 years.

2025 Updates

• eVisa Transition: By 31 December 2026, BRPs will be replaced by eVisas, requiring online verification via UKVI accounts.
• Stricter Enforcement: Increased Home Office audits in 2025 target right-to-work compliance, with heightened scrutiny for sponsored workers.
• RQF Level 6 Rules: Sponsored roles must meet degree-level standards or Temporary Shortage List criteria, impacting verification.

Legal Action: Update verification processes to prioritize eVisa checks and train staff on digital share code systems.

Comparing I-9 and UK Right to Work Checks

Penalties for Non-Compliance

Non-compliance with UK right-to-work checks carries severe consequences, amplified in 2025:

• Civil Penalties: Up to £20,000 per illegal worker for failing to conduct or document checks (increased 10% in April 2025).
• Sponsor Licence Sanctions:
  
  • Downgrade: B-rating with a £1,476 action plan, prohibiting new CoS issuance.
  • Suspension: Halts sponsorship activities, risking visa curtailments.
  • Revocation: Terminates all sponsored visas, with a 12-month reapplication ban.
• Criminal Penalties: Up to 7 years’ imprisonment for knowingly employing illegal workers.
• Reputational Damage: Public listing on the Home Office’s non-compliant sponsors register.

Legal Action: Quantify penalty risks (e.g., £100,000+ for 5 violations) in risk assessments and prioritize compliance to avoid financial and operational impacts.

Compliance Strategies for 2025

To ensure robust I-9 and UK right-to-work compliance:

1. Implement Digital Systems:
   
   • Use HR software to track visa statuses, BRP/eVisa details, and check deadlines.
   • Automate reminders for annual right-to-work checks and eVisa transitions by 2026.
2. Conduct Regular Audits:
   
   • Perform quarterly internal audits of right-to-work records, CoS details, and job compliance (e.g., £41,700 salary for Skilled Worker roles).
   • Prepare for unannounced Home Office visits, ensuring records are accessible.
3. Train Staff:
   
   • Educate legal and HR teams on I-9 and UK check processes, emphasizing eVisa verification.
   • Provide training on 2025 updates, including RQF Level 6 and audit requirements.
4. Verify eVisa Transitions:
   
   • Assist employees in setting up UKVI accounts for eVisa share codes by Q1 2026.
   • Update right-to-work processes to rely on online checks, phasing out BRP reliance.
5. Engage Immigration Experts:
   
   • Consult advisors for complex cases (e.g., pending visas), budgeting £2,000–£5,000 for support.
6. Document Rigorously:
   
   • Retain digital copies of BRPs, eVisa share codes, passports, and CoS records.
   • Use standardized templates to streamline verification and audit preparation.

Risk Management Action: Develop a compliance checklist and assign a dedicated team to oversee right-to-work and I-9 processes, reducing penalty risks.

Challenges and Mitigation Strategies

• eVisa Transition Complexity: Technical issues with UKVI accounts may disrupt verification. Mitigate by providing IT support and early account setup guidance.
• Hybrid Work Compliance: Remote work locations must align with CoS records. Document work patterns in contracts and report changes within 10 days.
• Resource Constraints: Small firms may lack audit resources. Invest in cost-effective HR software to automate compliance.
• Employee Errors: Incomplete documentation risks refusals. Provide employees with clear checklists and verification support.

Legal Action: Create a centralized compliance hub with resources, training, and FAQs to address challenges and ensure audit readiness.

Conclusion

I-9 compliance and UK right-to-work checks are critical for legal teams and risk management professionals overseeing sponsored employees in 2025. With the eVisa transition, stricter audits, and rising penalties, robust systems and proactive strategies are essential to ensure compliance and avoid fines up to £20,000 per worker. By aligning processes, leveraging technology, and training staff, teams can safeguard operations and support a lawful workforce.

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