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

3 Amendment of the Illegal Working Compliance Orders Regulations 2016

(1) The Illegal Working Compliance Orders Regulations 2016 are amended as follows. (2) In regulation 2 (interpretation)— (a) before the definition of “administrative review”, 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 Schedule 1 or 2 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 “biometric immigration document”, “derivative right of residence”, “identity document validation technology”, “IDVT identity check”, “IDVT identity service provider”, “registration certificate”, “relevant IDVT document” and “residence card”. (3) In regulation 4A (right to work checks: IDVT identity check)— (a) in the heading, for “IDVT” substitute “DVS”; (b) the existing text becomes paragraph (1); (c) in that paragraph— (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 “, and (e) obtain from the RtW DVSP— (i) confirmation that it is registered in the DVS register and that there is a note relating to it in that register that it provides 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) obtain 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) obtain confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and (iii) securely retain 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. ; (d) after paragraph (1), insert— (2) In this regulation, “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. . (4) In regulation 5A (right to work checks: Home Office online right to work checking service)— (a) in paragraph (1)— (i) after sub-paragraph (d), omit “and”; (ii) 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) obtain 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) obtain confirmation from the RtW DVSP that the images are of the rightful holder of the document, and (iii) securely retain 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. . (5) In regulation 6 (right to work checks: general requirements), 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. . (6) In regulation 6A (right to work checks: IDVT identity checks—requirements)— (a) in the heading, for “IDVT” substitute “DVS”; (b) omit paragraph (1); (c) in paragraph (2)— (i) in the opening words, for “4A(d)” substitute “4A(1)(d)”; (ii) in sub-paragraph (a), for “4A(b)” substitute “4A(1)(b)”; (iii) in sub-paragraph (b), for “IDVT” substitute “DVS”. (7) In regulation 9B (documents to be produced to an immigration officer: IDVT identity check)— (a) in the heading, for “IDVT” substitute “DVS”; (b) for “IDVT” substitute “DVS”. (8) In Schedule 1, in paragraph 1, omit the words from “or a” to the end.