The Border Security, Asylum and Immigration Act 2025 (Commencement No. 4) Regulations 2026

Commenced section 48 of the Border Security, Asylum and Immigration Act 2025 to extend illegal working prohibitions to additional working arrangements.


These Regulations bring into force section 48 of the Border Security, Asylum and Immigration Act 2025 on 1 October 2026.

This section amends the Immigration, Asylum and Nationality Act 2006 to extend the prohibition of illegal working to arrangements beyond standard contracts of employment and expands the scope of associated civil penalties.

The instrument applies to the Secretary of State and those engaged in, or overseeing, various working arrangements within the United Kingdom.

Arguments For

  • The document asserts that the underlying section 48 expands the legal framework to address illegal working practices that occur outside of traditional employment contracts.

  • Proponents may argue that the instrument facilitates a more comprehensive enforcement regime by extending civil penalty liabilities to a broader range of working arrangements.

  • Implementation of this section is framed as a necessary step in the staged commencement of the Border Security, Asylum and Immigration Act 2025.

Arguments Against

  • Legal critics may express concern over the ambiguity of 'other working arrangements' and how these terms will be interpreted by enforcement agencies.

  • Business groups might argue that the extension of civil penalty liabilities increases the administrative burden on entities that engage contractors or gig economy workers.

  • Labor organizations could point to potential implementation difficulties or the unintended consequences of applying immigration-related employment prohibitions to non-standard labor models.

Citation

  1. These Regulations may be cited as the Border Security, Asylum and Immigration Act 2025 (Commencement No. 4) Regulations 2026.

Provision coming into force on 1st October 2026

  1. Section 48 (extension of prohibition on employment to other working arrangements) of the Border Security, Asylum and Immigration Act 2025 comes into force on 1st October 2026.

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