Government launches consultation on the prevention of illegal working

As trailed by the Home Secretary in a press release yesterday, the government has launched a six week consultation on the implementation of the extension of right to work checks beyond standard employment relationships. The extension itself is already in the Border Security, Asylum and Immigration Bill at clause 45.

Yesterday the Home Secretary said:

While it is a criminal offence for migrants to work illegally, only companies using traditional employer to employee contracts are obliged to verify someone’s immigration status and whether it permits them to work in the UK.

The new laws close this loophole so there will be no hiding place for illegal workers who flout the rules in the gig, casual, subcontracted and temporary worker economy.

Bosses who fail to conduct these checks could be jailed for up to five years, face fines of £60,000 per illegal worker and have their businesses closed.

In a statement made to Parliament today, the Minister for Border Security and Asylum said:

The consultation seeks views on how the measure will be enforced, shaping the guidance and statutory codes of practice that will be published when the regulatory changes are commenced. The consultation provides an opportunity to further develop understanding of the recruitment and employment practices in the labour market.

The consultation runs for six weeks and the deadline is 11:59pm on 10 December 2025. After this, the government will publish its response along with amended guidance and statutory codes of practice.

Notably, both Ministers refer to illegal working as a “pull factor” for people to come to the UK without permission. The Ministerial foreword to the consultation goes as far as to describe it as a “driver of irregular migration”. May I suggest that they read this Home Office report which found that there is no evidence for such an assertion.