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Big Change in Right to Work Checks: What’s Changing From 1 October 2026?

Big Change in Right to Work Checks: What’s Changing From 1 October 2026?

July 10, 2026

The UK government has published a draft Code of Practice on avoiding unlawful discrimination while preventing illegal working. This document matters for two reasons: it’s the first detailed sign of how the government plans to change the right to work (RTW) system in practice, and it’s the first clear date we’ve been given for when the new approach will take effect 1 October 2026.

Why does this matter?

Because the legal groundwork for this change is already in place. Section 48 of the Border Security, Asylum and Immigration Act 2025 aims to widen the UK’s illegal working regime. This section expands the definition of “employment” to also cover:

Non-employee workers
Self-employed contractors
People providing services through online platforms

In practice, this means right to work checks will no longer be limited to the classic “employee” relationship, they’ll expand to cover these more flexible working arrangements too.

This section isn’t in force yet. But the published draft is the clearest sign so far of what the government intends to do.

What changes for employers in practice?

As a reminder, all employers in the UK have a legal responsibility to prevent illegal working. Carrying out a compliant RTW check before employment gives the employer a “statutory excuse”, meaning a legal safeguard that protects the employer from civil penalties even if someone is later found to be working illegally.

Since the scope of this check requirement will widen from 1 October 2026, employers will need to review not just their standard employees, but also their contractor and platform-based working relationships.

UKVI's information sessions

For employers who want to be prepared for these changes, UKVI is holding free online information sessions between 20 July and 29 September 2026.

Important note: All sessions cover the same content. So you only need one person from your organisation to attend a single session. The current list of available dates has been sent to your company’s registered email address with UKVI.

Cost: Free

Who should attend: Employers, HR professionals, and anyone responsible for recruitment processes or RTW checks.

Topics covered in the session:

Right to Work Scheme changes taking effect from 1 October 2026
Digital immigration status and eVisas
How to carry out a compliant right to work check
When follow-up checks are needed for time-limited permissions
Employer compliance responsibilities

Conclusion: Preparation should start now

Once Section 48 comes into force, the scope of the right to work check requirement will widen, and this will directly affect companies working with contractor and platform-based business models in particular. Since the legal framework is already in place, it’s important for employers to review their current RTW processes now, so there are no surprises on 1 October 2026.

If you’re not sure how these changes will affect your organisation, you can get in touch with our advisory team.