Government measures to combat illegal work and conduct inspections
The government is taking measures to combat so-called “fraudulent employers” who abuse the immigration system and exploit vulnerable migrants working illegally in the UK. This includes increasing the number of targeted immigration visits to businesses suspected of employing illegal workers, reaching 856 visits in October alone—55% more than in the same month last year. From January to October this year, more than 6,600 visits were conducted, an increase of over 21% compared to last year.
Right-to-work checks must be carried out before hiring to ensure that the individual is legally allowed to perform the job. If done correctly before employment starts, it provides a permanent “statutory excuse” for the duration of the worker’s employment, meaning further checks are only required if their right to work is time-limited and approaching expiration.
Organizations must ensure these checks are performed for all potential employees, including British and Irish citizens, to eliminate the risk of discriminatory treatment and prevent mistakes in verifying work authorization.
Checks can be done manually or digitally. Manual checks involve verifying a document from List A or List B, maintained by the government. A copy of the document must be made and stored throughout the employment period and for two years afterward.
For UK and Irish citizens, digital checks can be conducted using Identity Document Validation Technology (IDVT) through an Identity Service Provider (IDSP) to complete the digital identity verification for those with a valid passport (including Irish passport cards).
For foreign workers, online verification can be done using the Home Office’s Employer Checking Service with a share code provided by the individual whose right to work is being confirmed, along with their date of birth.
Right-to-Work Update
Previously, employers could use paper copies of Biometric Residence Permits (BRP) or Residence Cards (BRC) to verify foreign workers’ right to work. However, this option was removed on April 6, 2022, and replaced with the Employer Checking Service. The Home Office is transitioning to electronic visas instead of BRPs or BRCs, with all current BRPs and BRCs set to expire on December 31, 2024.
This expiration does not affect the right to work of those who presented these documents during the hiring process, as long as the right-to-work check was conducted in compliance with Home Office requirements. Even if the document expires, their right to work remains valid.
However, employers may need to recheck the right to work for some employees who initially provided a physical BRP or BRC. BRPs and BRCs issued from January 2020 onwards expire on December 31, 2024, or earlier, requiring rechecks before expiration. Older BRPs and BRCs issued before January 1, 2020, may have an expiration date beyond December 31, 2024. In such cases, a follow-up right-to-work check must be completed before that date, requiring the employee to create a UKVI account and obtain an e-visa. If employers have doubts, they should consult the Home Office’s Employer Checking Service on GOV.UK.
Government Actions
The government has reaffirmed its commitment to cracking down on illegal work and worker exploitation through penalties such as:
- Financial penalty notices
- Business closure orders
- Potential criminal prosecution
In December 2024, the government released data on illegal work enforcement, highlighting intensified Home Office immigration operations across the UK, focusing on nail salons, supermarkets, the automotive sector, car washes, and construction.
In a statement to the House of Commons on December 2, 2024, Home Secretary Yvette Cooper confirmed that under the Labour government, illegal work visits increased by 34%, and arrests rose by 25% compared to the same period the previous year.
From July 5 to October 31, 2024, authorities conducted 3,188 visits to employers suspected of illegal hiring, leading to 2,299 arrests. By comparison, between July 5 and October 31, 2023, there were 2,371 visits and 1,836 arrests.
The government also announced plans to extend the ban on hiring foreign workers for employers who repeatedly violate visa rules or commit serious employment offenses.
Currently, those who disregard visa regulations face sanctions for up to 12 months. Under new proposals, the repeat offense period will increase to at least two years, with further “cooling-off” periods to be determined.
For employers who violate the rules, new compliance plans will require them to take specific corrective actions, extending enforcement from three to 12 months.
The Home Office has also warned that while these longer-term plans are in effect, non-compliant employers will face restrictions on hiring foreign workers. Failing to comply may result in the revocation of their sponsor license.
Future Plans
These changes will accompany a new Employment Rights Bill, currently under parliamentary review. This bill will establish a Fair Work Agency, merging existing enforcement bodies, including immigration control teams, employment agency regulations, national minimum wage enforcement, statutory sick pay oversight, and licensing schemes for specific industries.
