Right to Work Changes 2026: What Employers Need to Know

Right to Work Changes 2026: What Employers Need to Know

Right to Work checks are changing in 2026.

For UK employers, HR teams and recruitment businesses, the changes introduce new requirements around digital verification, expand the types of working arrangements that can fall within the Right to Work Scheme, and change how some digital checks are evidenced.

The changes take effect from 1 October 2026, so now is the right time to review your Right to Work process.

What is changing?

The main changes employers need to understand are:

• New requirements for digital verification service providers
• Expanded use of digital Right to Work checks
• The ability to use certain recently expired passports for digital checks
• Changes to the information provided as part of a digital verification output
• Wider coverage of workers and individual sub-contractors
• Greater importance of checking the status of the provider used for digital verification
• New opportunities for digital re-verification over time

The core principle remains the same: employers must complete a compliant Right to Work check before the individual starts work.

The three ways to complete a Right to Work check

Employers can establish a statutory excuse using one of three prescribed routes:

1. A manual document-based Right to Work check

2. A Home Office online Right to Work check

3. A Right to Work check using a registered Right to Work Digital Verification Service Provider

The correct route depends on the individual's circumstances and the evidence they can provide.

What is a Right to Work DVSP?

A Right to Work Digital Verification Service Provider, or RtW DVSP, enables eligible individuals to prove their identity digitally.

However, not every digital identity provider can be used for a statutory Right to Work check.

The service must meet the relevant certification and registration requirements.

This is particularly important from 1 October 2026.

Employers should therefore check that the provider they use is appropriately certified and registered for Right to Work purposes.

Expired passports and Right to Work checks

One of the changes attracting the most attention is the use of recently expired passports.

Under the updated digital verification rules, certain British and Irish passports and Irish passport cards that expired within the previous six months can be used for a digital Right to Work check.

The document must still meet the relevant validity requirements and the digital verification process must include the required chip read.

This does not mean that every expired immigration document can be accepted.

For example, an expired BRP should not simply be treated as an alternative to a current digital immigration status.

Contractors and sub-contractors

The changes also broaden the scope of the Right to Work Scheme.

From 1 October 2026, certain individuals engaged under a worker's contract or as individual sub-contractors can fall within the scheme.

This means businesses should review how they classify and engage contractors.

However, not every self-employed individual automatically requires a Right to Work check.

The circumstances of the engagement matter.

For example, the draft Home Office guidance gives examples of genuinely independent businesses and personal service companies that may sit outside the Right to Work Scheme.

Does every candidate need a digital check?

No.

Employers should not assume that digital verification is mandatory for everyone.

Depending on the individual's circumstances, a Right to Work check may be completed manually, through the Home Office online service or through a registered RtW DVSP.

Employers should also make sure that their processes do not discriminate between candidates.

What should employers do now?

Before 1 October 2026, review:

• Your current Right to Work process
• Your digital verification provider
• Your candidate journey
• Your Right to Work evidence and reports
• Your process for follow-up checks
• Your contractor onboarding process
• Your document retention process
• Your internal HR guidance
• Your supplier and screening contracts

A good Right to Work process should make compliance straightforward for HR while keeping the candidate experience simple.

Right to Work and DBS checks are different

A DBS check and a Right to Work check serve different purposes.

A DBS check is used to assess criminal record information.

A Right to Work check establishes whether an individual is permitted to work in the UK.

Depending on the role, an employer may need to complete both.

The Talent Clouds approach

At Talent Clouds, we believe screening should be simple for HR and straightforward for candidates.

Our platform brings Right to Work and DBS screening into a modern, streamlined workflow, helping businesses manage checks, evidence and candidate progress in one place.

Modern Talent Needs Modern Screening.

Final checklist

Before 1 October 2026, make sure your business can answer:

• Do we know which Right to Work routes we use?
• Is our digital verification provider appropriately certified and registered?
• Can we handle candidates without passports?
• Can we manage follow-up checks?
• Have we reviewed our contractor arrangements?
• Are we retaining the correct evidence?
• Can HR easily demonstrate when and how each check was completed?

Getting the process right now means fewer surprises when the new requirements take effect.