What is the penalty for employing someone without the right to work in the UK?
The civil penalty per illegal worker for first and repeat breaches, the criminal offence for knowing employment, what happens to a sponsor licence, and how a correct check protects you.
Reviewed 28 September 2026 · 1 min read
Short answer: A civil penalty of up to £45,000 per worker for a first breach and £60,000 for repeat breaches, plus, for licensed sponsors, likely loss of the sponsor licence. Knowingly employing someone without the right to work is a criminal offence. A correctly done and recorded check before the first day gives you a statutory excuse.
The penalties
- Civil penalty: up to £45,000 per illegal worker for a first breach, £60,000 for repeat breaches.
- Sponsors: downgrading, suspension or revocation of the licence, which curtails every sponsored worker's visa.
- Knowingly employing someone without the right to work is a criminal offence.
The statutory excuse
A check done correctly before the first day of work, with the evidence kept, is a defence against the civil penalty even if the person turns out not to have the right. Correctly means:
- An online check with the worker's share code (starts with W, lasts 90 days) at gov.uk/view-right-to-work, matching the photo to the person, and saving the result page; or
- A manual check of an original passport (British and Irish citizens), copied, dated and signed; or
- An IDVT check by a certified identity service provider for British and Irish passport holders.
Biometric residence permits have not been accepted since the end of 2024. Photos or screenshots sent by the candidate never count.
Keep
The result page or signed copy for the whole employment plus two years, and for students, the university's term dates to show the 20-hour limit is respected. The right-to-work guide has the full procedure.
Sources
General information, not regulated immigration advice. Rules change; check the source before you act, and speak to an IAA-registered adviser about your case.