Checking that someone is allowed to work in the UK used to mean looking at a passport across a desk. Now much of it happens through an online check or an identity app that reads a document and matches a selfie to it. At the same time, the law has widened who must check. This page sets out the right to work rules in the Immigration, Asylum and Nationality Act 2006 for employers, platforms and the people they engage.
The short answer: it is unlawful to employ an adult subject to immigration control who has no leave to be in the UK, or whose leave has ended or does not allow the work (s15(1)). The Secretary of State can issue a civil penalty, but an employer who carried out the prescribed checks before the work began has an excuse, unless it knew the work was not allowed (s15(3) and (4)). From 1 October 2026 these rules also cover people engaged under a worker's contract, individual sub-contractors and online matching services (s14A).
Who has to check, from 1 October 2026
- Wider meaning of employing: in sections 15 to 24, employing someone now includes engaging an individual under a worker's contract, engaging an individual sub-contractor, and an online matching service providing an individual service provider's details to potential clients or customers (s14A(1), inserted by Border Security, Asylum and Immigration Act 2025, s48, in force 1 October 2026).
- Online matching services: a business that keeps a register of service providers, lets clients submit enquiries online to be matched with them, and charges a fee or commission for the matches (s14A(3)). Many gig and task apps will need to check whether they fit this definition.
- Chains of contracts: a person who contracts to provide work, or arranges for it, can be treated as employing the individual who actually does it for penalty purposes, even with no direct contract and even without knowing that individual is doing the work. This applies at any point in a chain of contracts, and to a matching service whose match leads to a contract (s15A).
The statutory excuse
- Documents: the excuse is available if the person produces a document or combination from the lists in the Schedule to the Immigration (Restrictions on Employment) Order 2007 and the employer follows the checking rules (art 3).
- Online checks: the excuse applies only if the documents are produced, or the employer obtains an online right to work check confirming the person is allowed to work in the UK and to do the work in question, before the employment starts (art 5).
- Checking rules for documents: take all reasonable steps to check the document is valid and record the date of the check; be satisfied that any photograph is of the person and any date of birth is consistent with their appearance; take reasonable steps to check they are the rightful owner; keep a clear copy in a format that cannot later be altered, securely, for at least two years after the employment ends (art 6(1)). For students with limited term-time hours, also keep their term and vacation dates (art 6(2)).
- Digital verification services: since amendments by the Data (Use and Access) Act 2025, an order setting the checks may specify documents generated by, or steps using the services of, a provider registered on the digital verification services register (s15(8) to (10)). Which providers and checks count is set in the current order and Home Office guidance, so check those before relying on an app.
Penalties and the criminal offence
A penalty notice must say why the Secretary of State thinks the employer is liable, the amount, and how to object or appeal (s15(6)). Separately, it is a criminal offence to employ someone knowing, or having reasonable cause to believe, that they are disqualified from employment by their immigration status, punishable on indictment by up to five years' imprisonment, a fine or both (s21).
Where AI and automation fit
- Automated ID matching: a face-match or document-reading tool helps with the photo and ownership checks, but the legal test is still whether the employer took all reasonable steps. Keep the result, the date and the copy the order requires, and have a person review failed or uncertain matches rather than rejecting candidates automatically.
- Fairness: apply the same checks to everyone you engage, not only people the system or a recruiter assumes are not British. Treating candidates differently because of nationality or ethnic origin can be race discrimination; see the Equality Act and AI. For how this applies to AI screening, see race at work.
- Platforms and contractors: review whether you now count as engaging workers or sub-contractors, or as an online matching service, and build the check into onboarding before any work or match takes place.
For the employment status questions behind these categories, see worker status; for agencies and hirers, agency workers. This page is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Do right to work checks apply to gig workers and contractors?
From 1 October 2026, yes in many cases. Section 14A of the Immigration, Asylum and Nationality Act 2006 extends the rules to people engaged under a worker's contract, individual sub-contractors and online matching services.
Can an employer use an online or app-based right to work check?
The statutory excuse can rest on an online right to work check obtained before the work starts (2007 Order, art 5), and since 2025 the order may specify checks using registered digital verification services (s15(8) to (10)). Check the current order and Home Office guidance for which checks count.
What happens if an employer does not check?
It can be given a civil penalty notice without the statutory excuse (s15). Knowingly employing, or employing with reasonable cause to believe, a person disqualified by immigration status is a criminal offence (s21).
How long must right to work records be kept?
Copies of documents must be kept securely for at least two years after the employment ends (2007 Order, art 6(1)(b)).