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 the full enforcement in 2026 following the completion of the eVisa transition by 31 December 2026, and ongoing stricter measures from the Immigration White Paper, Restoring Control over the Immigration System, 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 $288–$2,841 per violation for paperwork errors and $2,507–$25,008 for knowingly employing unauthorized workers (2026 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 periodically during employment.
• When: Before employment begins and during visa validity, with annual rechecks for time-limited permissions.
• How:
  • Digital Checks (Post-2026): Use the Home Office’s online service to verify eVisas via share codes provided by employees.
  • Employer Checking Service: For complex cases (e.g., pending applications), verify status via Home Office email.
• Documents:
  • eVisa share code linked to a UKVI account (BRPs fully obsolete as of 31 December 2026).
  • Passport with entry clearance (no physical vignettes post-transition).
  • Certificate of Sponsorship (CoS) reference number for sponsored workers.
• Retention: Keep records for the duration of employment plus 2 years.

2026 Updates

• Full eVisa Implementation: As of 31 December 2026, all physical documents like BRPs and visa stickers are replaced by eVisas, mandating exclusive use of online verification through UKVI accounts.
• Expanded Enforcement: Home Office audits continue to intensify in 2026, with right-to-work checks extended to additional sectors and increased unannounced visits for sponsors.
• B2 English Language Requirement: From 8 January 2026, Skilled Worker, Scale-up, and High Potential Individual routes require B2-level English proficiency, impacting sponsorship eligibility and verification.
• Mandatory ETA: From 25 February 2026, visa-exempt travelers from 85 countries must obtain an Electronic Travel Authorisation (ETA) prior to travel, affecting short-term worker checks.

Legal Action: Fully transition verification processes to eVisa share codes and integrate ETA checks for relevant employees; train staff on digital systems to handle increased compliance demands.

Comparing I-9 and UK Right to Work Checks

Penalties for Non-Compliance

Non-compliance with UK right-to-work checks carries severe consequences, further amplified in 2026:

• Civil Penalties: Up to £45,000 per illegal worker for a first breach and £60,000 for repeat breaches (effective since February 2024, with ongoing enforcement).
• 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 5 years’ imprisonment and unlimited fines 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., £300,000+ for 5 violations) in risk assessments and prioritize digital compliance to avoid financial and operational impacts.

Compliance Strategies for 2026

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

1. Implement Digital Systems:
   • Use HR software to track eVisa statuses, share codes, and check deadlines.
   • Automate reminders for periodic right-to-work checks and ETA verifications.
2. Conduct Regular Audits:
   • Perform quarterly internal audits of eVisa records, CoS details, and job compliance (e.g., updated salary thresholds for Skilled Worker roles).
   • Prepare for unannounced Home Office visits, ensuring digital records are instantly accessible.
3. Train Staff:
   • Educate legal and HR teams on I-9 and UK check processes, emphasizing eVisa and ETA verification.
   • Provide training on 2026 updates, including B2 English requirements and expanded sector checks.
4. Manage eVisa and ETA Transitions:
   • Ensure all employees have active UKVI accounts and valid share codes; monitor ETA compliance for short-term roles.
   • Update processes to fully rely on online checks, with no fallback to physical documents.
5. Engage Immigration Experts:
   • Consult advisors for complex cases (e.g., ETA disputes), budgeting £2,500–£6,000 for support amid rising fees.
6. Document Rigorously:
   • Retain digital copies of 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 in a fully digital environment.

Challenges and Mitigation Strategies

• eVisa Digital Reliance: Technical glitches in UKVI accounts can halt verification. Mitigate by providing ongoing IT support, backup checking services, and employee assistance programs.
• Expanded Checks and Workloads: Broader application of right-to-work rules increases HR burdens. Invest in automated tools to handle ETA and B2 compliance without manual overload.
• Resource Constraints: Small firms may struggle with audit frequency. Opt for affordable SaaS HR platforms to automate eVisa tracking and reporting.
• Employee Errors: Issues with share codes or ETAs risk non-compliance. Supply employees with detailed digital checklists, setup guides, and verification hotlines.

Legal Action: Create a centralized compliance hub with resources, training modules, and FAQs to address post-transition 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 2026. With the complete eVisa rollout, expanded enforcement, and penalties up to £60,000 per worker, robust digital systems and proactive strategies are essential to ensure compliance and avoid fines. By aligning processes, leveraging technology, and training staff on updates like B2 English and mandatory ETAs, teams can safeguard operations and support a lawful workforce.

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Disclaimer‍

Immigration laws and policies change frequently and may vary by country or nationality. While we strive to provide accurate and up-to-date information, we recommend doing your own due diligence or consulting official sources. You are also welcome to contact us directly for the latest guidance. Jobbatical is not responsible for decisions made based on the information provided.

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