Right to Work Checks

Later in 2026 the UK’s right to work regime is due to have its most significant expansion in recent years, with new obligations for UK employers expected to come into force in October 2026. 

To be prepared for the upcoming changes, employers should ensure their internal processes for right to work checks are sufficiently robust to accommodate the widening of the scope of who must undergo right to work checks, and the increased scrutiny of recruitment and workforce compliance processes by the Home Office.

The proposed reforms, introduced by the Border Security, Asylum and Immigration Act 2025, expand right to work checks so they are no longer limited to traditional employees, but shall also include “other working arrangements”. The Home Office’s extension of the right to work regime to cover a broader category of individuals “engaged” by businesses potentially includes contractors, consultants, casual workers and other non-traditional working arrangements. This is a significant departure from the current regime which is restricted to employees only. 

The exact scope of the regime is yet to be published by the Home Office, but the intention for the changes is clear and businesses shall need to think more broadly about how they are able to comply with such changes. Under the new regime, if a business is responsible for arranging the work to be done, they may also be considered responsible for that individual in terms of preventing illegal working.

The planned expansion of the right to work scheme is consistent with the Home Office’s increasingly robust enforcement environment for non-compliance and illegal working. The civil penalties for engaging an illegal worker remain substantial, at £45,000 per worker for an initial breach to £60,000 per worker for repeat breaches. Under the planned changes for 2026, the civil penalties do not appear to be increasing. In this climate of more stringent enforcement for non-compliance, employers must be confident in their ability to carry out appropriate right to work checks. In addition to the substantial civil penalties, employers failing to comply with the right to work check regime risk reputational damage, and wider immigration consequences, particularly if they are also a sponsor licence holder.

In preparation for the changes to the right to work regime later this year, UK employers should see the coming months as a period of preparation, and use the time before the new regime is implemented to audit their existing right to work processes, ensure staff responsible for conducting right to work checks are fully trained on the expanded requirements coming into force and to review their existing recruitment practices therefore ensuring they can sufficiently accommodate the expansion of right to work checks. 

Should you be concerned about your business’s ability to comply with the changes to the right to work regime, our team of experienced business immigration solicitors would be happy to assist. Please contact us to speak with one of our experienced solicitors.