Right to work checks for subcontractors
The law is changing to cover more than employees. Here is what we know, in plain words.
The short answer
It depends on how you take the subbie on. The rules are widening. Read the Home Office guidance, or ask a solicitor, about your own firm.
What is changing
- Until now, the legal duty to check right to work was for employees.
- The Border Security, Asylum and Immigration Act 2025 widens it. The Home Office says it will cover people on a worker's contract and individual subcontractors.
- Trade and legal press report the new rules started on 1 October 2026. When we last checked, the Home Office's employer guide for them was still marked draft.
- The fine for employing someone who cannot legally work can be up to £60,000 per worker.
What a check involves
Get the right document
An original document from the Home Office list, or the person's online share code.
Check it with them
Make sure the photo and details match the person, and the document is valid.
Keep a copy and the date
Keep a clear copy and note the date you checked.
Check again before it runs out
If their permission has an end date, check again before then.
Why many firms check every subbie anyway
A check takes a few minutes. It protects you if the rules apply to you, and it shows you took care if they do not.
You do the check on your phone. Photos are stored privately. Subbo reminds you before a check runs out, and stops you paying someone without a valid check.
We checked this against the sources below on 24 Oct 2026. Rules change. You stay responsible for your own checks, so check anything unusual with the Home Office guidance or a solicitor.
Sources
- Border Security, Asylum and Immigration Act 2025, section 48 (legislation.gov.uk)
- Home Office, "Extension of prohibition on employment to other working arrangements: impact assessment" (gov.uk)
- Home Office, "Employer's guide to right to work checks", including the draft for the new rules dated 11 September 2026 (gov.uk/government/publications/right-to-work-checks-employers-guide)
Let Subbo do this every week
Subbo works out the CIS for every subbie, builds the pay run and keeps your checks. Free 8-week trial for a few friendly firms.
Free for 8 weeks. No card. No contract. The button opens your email app. Or write to harry@subboapp.com.