The Border Security, Asylum and Immigration Act 2025, which will introduce reforms to extend right to work checks to the “gig economy”, has become law after receiving Royal Assent on 2 December 2025.
Under the Act, the requirement to carry out right to work checks will be extended to cover those who:
- engage casual or temporary workers under a worker’s contract
- individual sub-contractors and online matching services (that provide details of service providers to potential clients or customers for remuneration) in sectors like construction, food delivery, beauty salons, courier services and warehousing.
The current sanctions for non-compliance, which includes fines and imprisonment, will also be extended.
How do I check right to work documents?
No implementation date has been confirmed for these changes. A government consultation, seeking views on the detail of the measures, closed on 10 December 2025. The consultation sought views on:
- how this change should be operationalised and enforced
- how processes can be simplified to make it easier for employers to fulfil their responsibilities.
Businesses were asked in the consultation to share their experience and views on the current processes they use to check right to work entitlements, the preferred methods of doing so, where they obtain guidance on doing so from and whether they believe the introduction of this law will impact their business.
In addition, the immigration skills charge is set to increase on 16 December 2025 by 32%, subject to parliamentary approval. This charge is payable by the employer when sponsoring a migrant worker under the Skilled Worker or Global Business Mobility Senior or Specialist Worker visa routes unless an exemption applies.
