New legislation was passed on 2 December 2025 that brings the UK government's planned expansion of the existing illegal working regime one step closer to implementation. In this article we outline what's changed, what the next steps are, and remind businesses about the Home Office's open consultation on right to work checks.

The Border Security, Asylum and Immigration Act 2025 has now received Royal Assent. Section 48 of the Act considerably extends the relationships within scope of the illegal working regime and expands liability for an illegal working civil penalty. Non-employee workers, self-employed contractors and service providers matched through online job matching platforms will be caught under the new regime. To read more about the scope of the expansion, see our previous article here.

What are the next steps for the expanded illegal working regime?  

Now that the Act has been passed, section 48 will come into effect on a date set out in future commencement regulations. 

Although the exact date is not yet known, the Government has already shown an intention to move swiftly, with a public consultation on right to work checks already underway and due to close on 10 December 2025. 

All businesses are likely to be affected by the planned changes to a greater or lesser extent. If you haven't already expressed your views, there is still time to do this.

Once the consultation responses have been analysed by the Home Office and the relevant section is commenced, we can expect the launch of revised right to work guidance and a public awareness campaign for businesses. 

Need more help?

We are continuing to monitor developments in this area and providing email updates as new information is announced. If you'd like to sign up to receive these, you can do so here.

You will need to understand how these changes impact your business and what you will need to do to comply with these changes. We can help with an assessment of how your business may be impacted, including making recommendations; training options to ensure compliance with your duties; mock right to work audit; and a toolkit of guides and resources. Get in touch for more information on the options.