Major Expansion of UK Right to Work Obligations from 1 October 2026

The UK Government has laid regulations bringing section 48 of the Border Security, Asylum and Immigration Act 2025 into force on 1 October 2026, marking one of the most significant changes to the UK’s illegal working regime since civil penalties were introduced.

What is changing?

Currently, employers are required to carry out Right to Work checks on employees to establish a statutory excuse against civil penalties.

From 1 October 2026, the scope of the regime will be extended beyond traditional employment relationships to cover a broader range of working arrangements, including individuals engaged under worker contracts, certain subcontracting arrangements and some individuals providing services personally. The changes are intended to reflect the modern labour market and expand compliance obligations beyond conventional employment models.

Why does this matter?

The reforms are likely to affect organisations that engage:

• contingent or flexible workers;
• self-employed contractors;
• consultants and freelancers;
• subcontractors; and
• individuals engaged through online matching platforms or similar arrangements.

Businesses that have historically focused their Right to Work processes solely on employees may now need to review a much wider population of workers.

Looking ahead

The legislation establishes the framework for these expanded obligations, but employers are awaiting updated Home Office guidance on the practical operation of the new regime, including the scope of the statutory excuse and any consequential amendments to the Right to Work guidance and prescribed document lists.

Please contact your usual Magrath Sheldrick contact for further guidance.

Author

Anita Ofis, Immigration Partner