Extending the Right to Work Scheme: Consultation

Alex Norris Excerpts

Wednesday 29th October 2025 Written Statements

[The Minister for Border Security and Asylum (Alex Norris)]

The Government focus is on restoring order, control and fairness to the UK immigration and asylum system, bringing down net migration and promoting economic growth. The Border Security, Asylum and Immigration Bill creates a range of new measures to strengthen UK border security. The immigration White Paper, “Restoring control over the immigration system”, presented to Parliament in May, sets out the planned reforms to legal migration. A core principle behind our approach is that the rules must be respected and enforced.

I am launching a consultation on extending the employers and businesses within scope of the legal requirement to carry out checks on workers and prevent illegal working. A copy of the consultation will be placed in the Library of each House, and it will also be available on gov.uk.

It remains a criminal offence for migrants to work illegally in the UK. However, modern labour market models are becoming more attractive to illegal workers due to the perceived lack of consequences for working without permission. Illegal working acts as a pull factor to the UK for irregular migration and is inextricably linked to low or no pay, as well as indicators of modern slavery such as inhumane working hours or conditions.

Legislation setting out employer responsibilities to prevent illegal working has been in place since 1997. Since 2008, employers have been required to carry out prescribed right to work checks on all employees regardless of a person’s nationality prior to the start of employment: the right to work scheme. However, this scheme only applies to individuals classified as an “employee”.

The risks associated with this long-standing, narrow scope have been brought into sharp focus by developments in the modern labour market. There are whole sectors where businesses can engage workers without the legal responsibility to complete a right to work check, for example agency workers and casual contract arrangements in the gig economy.

Therefore, through changes being made by the Border Security, Asylum and Immigration Bill, the Government are extending the scope of employers and businesses required to carry out checks on their workers and prevent illegal working. This will ensure that those who engage individuals as casual or temporary workers under a worker’s contract, individual subcontractors and online matching services who provide details of service providers to customers will all be required to carry out right to work checks. This safeguard will ensure that businesses acting lawfully will not be undercut on labour costs by those who exploit the system.

The Government are committed to supporting employers in preparing for this change and adapting their processes to ensure compliance.

The consultation seeks views on how the measure will be enforced, shaping the guidance and statutory codes of practice that will be published when the regulatory changes are commenced. The consultation provides an opportunity to further develop understanding of the recruitment and employment practices in the labour market.

The consultation will run for six weeks, closing at 11.59 pm on 10 December 2025. The Government will publish its response thereafter, and will finalise the guidance and amend the statutory codes of practice through secondary legislation.

[HCWS1001]