The UK’s immigration landscape is fast-changing and new rules are being announced on an almost monthly basis. There has been a clear direction of travel since the Government’s Immigration White Paper was published in May 2025 stating its overarching intention of reducing net migration levels and tackling ‘irregular’ migration. Since then, several changes have already come into force including the closure of sponsorship for certain roles, the 32% increase in the immigration skills charge and the introduction of new English language requirements across different immigration routes.
One of the key mechanisms for ensuring compliance with the Immigration Rules within the UK’s workforce is the requirement on all employers to carry out right to work (RTW) checks for their staff, a scheme which has been in place since 2008.
What is the current legal position?
The RTW regime requires employers to ask all prospective employees to demonstrate their right to work by way of a manual document check, using an external Identity Service Provider (IDSP) or via the Home Office’s online checking service. Employers should not make assumptions about an individual’s immigration status and RTW checks must therefore be conducted on every potential employee in an indiscriminate matter. Copies of visas and ID documents must be retained on file and follow-up checks for those with time-limited permission to work in the UK must be carried out regularly. Companies are liable to substantial fines and risk losing their sponsor licences if they do not carry out the necessary checks and keep clear records.
To date, this requirement has not extended to self-employed and agency staff. However, the Border Security, Asylum and Immigration Act 2025 aims to extend RTW checks to cover businesses hiring ‘gig economy’ workers in sectors such as construction, food delivery, beauty salons, courier services and warehousing. The Government recently ran a consultation on these changes between 29 October 2025 and 10 December 2025 and is considering how this will work in practice. The results of the consultation and subsequent guidance are yet to be published.
Why are these checks being extended?
The rationale for this change appears to be motivated by the increased reliance on agency workers and casual sub-contracting arrangements where employers outsource labour to the ‘gig economy’. The consultation is also driven by the Government’s intention to prevent irregular migration by reducing the draw of illegal working in these casual work environments, and in turn combat the exploitation of vulnerable migrants who are working without lawful status in often precarious roles. Extending the RTW scheme to include those with worker status or who are self-employed ensures that only those who are legally entitled to work in the UK can access employment.
What will these changes mean for businesses?
If implemented, the proposals would significantly widen the compliance responsibility of businesses that engage sub-contractors and self-employed workers. Section 48 of the new Act amends existing legislation and details the new broader duty that extends RTW checks where an organisation:
- engages an individual under a worker’s contract
- engages an individual sub-contractor; or
- engages an online matching service providing details of an individual who is a service provider to potential clients or customers.
Under this new regime, civil and criminal sanctions for non-compliance will become applicable to employers who fail to ensure checks are in place on these types of working arrangements. Businesses will need to establish systems for verifying and recording RTW checks across a much larger workforce, review their policies and update onboarding procedures where necessary.
When will these changes come into force?
Whilst the Act received Royal Assent on 2 December 2025, the commencement of this regime is unclear as no explicit provisions have been made under the Act. It is expected that new regulations will be introduced following the outcome of the consultation, which is expected later this year, along with updated guidance and revised statutory Codes of Practice.
Furthermore, it is currently unclear how the RTW scheme will operate on a practical basis in these environments, particularly as the proposed introduction of digital ID cards is nowhere near operational and manual checks will continue to apply. This will often be challenging where workers are engaged on an ad hoc (and sometimes urgent) basis.
How can employers prepare for the new requirements?
In preparation, employers may wish to carry out some or all of the following anticipatory steps:
- Audit the current workforce and evaluate the different types of staff working arrangements in place; assess whether new staff will be in scope.
- Consider the practical requirements for the additional checks, for example hiring additional HR staff or investing in new systems to ensure robust record-keeping.
- Arrange training for managers and teams responsible for recruitment and onboarding.
- Assess supply chains and third-party staffing arrangements and advise internal procurement teams accordingly.
Our expert employment and immigration lawyers can assist with training and advice on the immigration rules and offer support through the upcoming changes. Please get in touch and we will be happy to help.
For expert advice on right to work checks, contact our immigration solicitors.
