The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026

2 Amendment of the Immigration (Restrictions on Employment) Order 2007

(1) The Immigration (Restrictions on Employment) Order 2007 is amended as follows. (2) In article 2 (interpretation)— (a) after the definition of “the 2006 Act”— (i) omit “and”, and (ii) insert— “the 2025 Act” means the Data (Use and Access) Act 2025; ; (b) for the definition of “document” substitute— “document” means— an original document, or where the original document is an official document giving a person’s permanent National Insurance Number and their name issued by a Government agency, a digital version of that document issued by the Government agency; ; (c) in the appropriate places, insert— “digital verification services” has the same meaning as in Part 2 of the 2025 Act (see section 27(2) and (3) of that Act); “DVS identity check” means the response generated by an RtW DVSP using digital verification services when undertaking identity verification with respect to a person; “DVS register” means the register of persons established and maintained by the Secretary of State under section 32 of the 2025 Act; “relevant DVS document” means— the digital version (if any) of a document listed in the Schedule provided to an RtW DVSP by a Government department or Government agency, a passport (current or expired by not more than six months) showing that the holder is a British citizen, or a passport or passport card (in either case, whether current or expired by not more than six months) showing that the holder is an Irish citizen; “RtW DVSP” means a person registered in the DVS register under section 33(1) of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act that the person provides right to work digital verification services; ; (d) omit the definitions of “identity document validation technology”, “IDVT identity check”, “IDVT identity service provider” and “relevant IDVT document”. (3) In article 3(1) (excuse from paying civil penalty), in the opening words, for “article 5” substitute “articles 5 and 5B(3) and (4)”. (4) In article 3A— (a) in paragraph (1)— (i) in sub-paragraph (a)— (aa) for “IDVT identity service provider an IDVT” substitute “RtW DVSP a DVS”; (bb) for “IDVT”, in the last place it occurs, substitute “DVS”; (ii) in sub-paragraph (b)— (aa) for “IDVT identity service provider” substitute “RtW DVSP”; (bb) for “IDVT”, in the second place it occurs, substitute “DVS”; (iii) omit sub-paragraph (c) and the “and” after it; (iv) after-sub-paragraph (d), insert— (e) obtains from the RtW DVSP— (i) confirmation that it is registered in the DVS register and that there is a note in its entry on that register that it provides digital verification services in accordance with the RtW supplementary code, and (ii) confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtW supplementary code, and (f) where a facial recognition check is conducted by the RtW DVSP for the purpose of confirming the employee’s identity— (i) obtains copies of the facial image of the employee within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end. ; (b) in paragraph (2), for “article 5A” substitute “articles 5A and 5B(3) and (4)”. (c) after paragraph (2), insert— (3) In this article, “RtW supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to work digital verification services published, or republished as revised, under section 29 of the 2025 Act. . (5) In article 4(1), in the opening words, after “and (3)”, insert “and subject to article 5B(3) and (4),”. (6) In article 4A(1), in the opening words, after “paragraph (2)”, insert “and subject to article 5B(3) and (4),”. (7) in article 4B (excusal from paying civil penalty: Home Office online right to work online checking service)— (a) in paragraph (1)— (i) in the opening words, after “and (3)”, insert “and subject to article 5B(3) and (4)”; (ii) after sub-paragraph (d), omit “and”; (iii) after sub-paragraph (e), insert “and (f) where a facial recognition check is conducted by an RtW DVSP for the purpose of confirming the employee’s identity— (i) obtains copies of the facial image of the employee from the online right to work check and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtW DVSP that the images are of the rightful holder of the document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end. ; (b) after paragraph (1), insert— (1A) Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP. . (8) After article 5A, insert— Excusal from paying civil penalty: further requirements relating to extension of liability under section 15 of the 2006 Act 5B (1) Paragraph (2) applies where a person (“A”)— (a) is contracted to provide, or arrange for the provision of, work or services and enters into a contract with another person (“C”) under which C is to provide or arrange for the provision of the work or services and C enters into a contract with an individual (“B”) who is to provide the work or services, or (b) is an online matching service who provides the details of another person (“C”) who is a service provider to potential clients or customers and as a result of being matched by A, C enters into a contract with a client or customer for the provision of work or services and into a contract with an individual (“B”) who is to provide the work or services. (2) Where this paragraph applies, the requirements in relation to the employment of B for the purposes of section 15 of the 2006 Act (excusal of employer from paying a penalty: prescribed requirements) are that— (a) before commencement of the work or services by B or, where B substitutes another individual to provide the work or services, that other individual, A has produced a written statement which requires the following terms to be included in the contract between A and C— (i) a requirement for C to comply with the requirements for excusal from paying a penalty in relation to B or the other individual (as the case may be); (ii) a prohibition of C from entering into a contract with another person for that other person to arrange for the provision of the work or services by an individual unless— (aa) A has consented in writing, and (bb) that other person who is to enter into a contract with the individual complies, in respect of the individual, with the requirements for excusal from paying a penalty; (iii) permission for A, whenever A so requests, to conduct audits of C’s compliance with— (aa) the requirement referred to in paragraph (i), and (bb) the prohibition referred to in paragraph (ii); (iv) enforcement provisions against C where— (aa) contrary to section 15 of the 2006 Act, C employs an adult subject to immigration control in the circumstances set out in subsection (1) of that section, and (bb) C is not excused from paying a penalty by virtue of subsection (3) of that section; (v) the requirement for C to include in its contract with B enforcement provisions against B where C knows, or has reasonable cause to believe, that B is committing an offence under section 24B of the Immigration Act 1971 (illegal working); (vi) the requirement for C to cooperate with any investigation by the Secretary of State relating to the employment or suspected employment by C of an adult subject to immigration control contrary to section 15 of the 2006 Act by providing the following information to the Secretary of State— (aa) in respect of the chain of contracts ending with and including the contract between C and B, the make-up of the chain and the purpose of each contract in it, (bb) in respect of each contracting party other than B in the chain of contracts, its official name, whether it is a sole trader, body corporate or unincorporate or partnership and, if it is a partnership, the type of partnership, its registered address or, where it does not have one, its principal place of business, and, if applicable, its company registration number, and (cc) any other information which the Secretary of State considers is, or may be, relevant to the investigation; and (b) for the duration of B’s employment, A maintains systems and processes that ensure that the individual who is providing the work or services is the same individual. (3) Nothing in the articles referred to in paragraph (5)(c) applies to A in the circumstances set out in paragraphs (1) and (2). (4) Where a person (“D”) employs an individual (“E”) to provide work or services, the requirements in relation to the employment of E for the purposes of section 15(3) of the 2006 Act are that— (a) where there is a clause in the contract of employment which permits E to substitute another individual (“F”) to provide the work or services— (i) D complies, in relation to F as well as E, with the requirements for excusal from paying a penalty, (ii) D prohibits F from providing the work or services before D has complied with those requirements in relation to F, and (iii) D has included in the contract enforcement provisions against E— (aa) where D or E knows, or has reasonable cause to believe, that F is committing an offence under section 24B of the Immigration Act 1971, and (bb) where D is unable to meet the condition in paragraph (i) due to F’s failure to cooperate with D; and (b) for the duration of E’s employment, D maintains systems and processes that ensure that E, or, as the case may, be F is the same individual. (5) In this article— (a) a reference to “work or services” includes part of the work or services; (b) “enforcement provisions” means provisions to prevent illegal working which may include but are not limited to provisions for the suspension or termination of the contract; and (c) “the requirements for excusal from paying a penalty” means the requirements set out in— (i) articles 3(1), 5 and 6, (ii) articles 3A, 5A and 6A(2), (iii) articles 4, 5 and 6, (iv) articles 4A, 5 and 6, or (v) articles 4B, 5 and 6(2). . (9) In article 6— (a) in paragraph (1)— (i) after sub-paragraph (f), insert “and”; (ii) at the end, for “; and” substitute a full stop; (b) after paragraph (1), insert— (1A) Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP. . (10) In article 6A— (a) omit paragraph (1); (b) in paragraph (2)(b), for “IDVT” substitute “DVS”. (11) For article 11 (code of practice: civil penalties) substitute— Code of practice: civil penalties 11 The revised code of practice entitled “Code of practice on preventing illegal working: Right to Work Scheme for employers”, issued by the Secretary of State on 24th June 2026 under section 19(1) and (3) of the 2006 Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (12) For article 12 (code of practice: discrimination) substitute— Code of practice: discrimination 12 The revised code of practice entitled “Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working”, issued by the Secretary of State on 24th June 2026 under section 23(1) and (5) of the 2006 Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (13) In the Schedule (lists of documents), in List A, in paragraph 1, omit the words from “or a” to the end.