The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026
Updated statutory requirements for document checks to include digital verification services and revised liability rules for contractors and online matching platforms.
These Regulations amend existing immigration orders to integrate digital verification services into the 'right to work' and 'right to rent' checking processes.
They mandate that employers and landlords wishing to establish an excuse against civil penalties must increasingly rely on registered Digital Verification Service Providers (DVSPs) when using technology for facial recognition or document validation.
The document also introduces new compliance requirements for complex labor arrangements, such as online matching services and subcontracting chains, and Brings into force four revised codes of practice regarding civil penalties and the avoidance of unlawful discrimination.
These measures apply to all employers in the UK and landlords or agents managing residential tenancies in England, Wales, Scotland, and Northern Ireland.
Arguments For
The document suggests that the amendments extend the scope for digital verification of documentation to prove immigration status, which may modernize the checking process.
Proponents within the document frame these changes as necessary to align employment and housing checks with the Data (Use and Access) Act 2025.
The regulation states that the new article 5B clarifies the circumstances under which contractors, online matching services, and employers using substitution clauses can be excused from civil penalties.
The document implies that Requiring Right to Work Digital Verification Service Providers (RtW DVSPs) to be registered and follow supplementary codes ensures a standardized level of security and compliance for identity checks.
Arguments Against
Legal scholars may question the complexity of the new chain-of-contract requirements, which require original contractors to audit and enforce compliance across multiple third parties.
Small business organizations might argue that the mandatory use of registered digital verification services for facial recognition technology imposes additional costs and technical burdens on employers.
Civil liberties groups might raise concerns regarding the requirement to securely retain facial images of employees or tenants for fixed periods, citing potential data privacy risks.
Affected parties could find the transition to 'digital versions' of National Insurance documents and the removal of physical document categories (like biometric cards) difficult to navigate during the implementation phase.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 and come into force on 1st October 2026.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official name of the regulations and sets the date they become legally active as 1st October 2026.
It specifies that the rules apply across all four nations of the United Kingdom.
Amendment of the Immigration (Restrictions on Employment) Order 2007
- -(1) The Immigration (Restrictions on Employment) Order 2007 is amended as follows. [Subsections (2) through (13) detail specific textual changes, definitions for digital verification, and the insertion of Article 5B regarding liability in complex contracts.]
This part modifies the 2007 Order to replace older terminology, such as 'Identity Document Validation Technology', with new definitions related to the Data (Use and Access) Act 2025.
It stipulates that digital versions of National Insurance documents are now legally recognized and requires employers using facial recognition technology to procure these services from registered providers.
The insertion of Article 5B defines the specific steps that contractors and online matching services must take—including written contracts and audits—to avoid financial penalties if a worker in their chain is found to be working illegally.
Amendment of the Illegal Working Compliance Orders Regulations 2016
- -(1) The Illegal Working Compliance Orders Regulations 2016 are amended as follows. [Subsections (2) through (8) detail changes to document production and digital checks.]
These amendments update the rules for businesses that are already under court-issued compliance orders due to previous illegal working violations.
It aligns the document checking procedures for these businesses with the new digital verification standards introduced in Regulation 2.
It requires these specific employers to use registered Digital Verification Service Providers when performing facial recognition identity checks.
Amendment of the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
- -(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 is amended as follows. [Subsections (2) through (10) detail the adoption of digital verification for right to rent checks.]
This section updates the 'right to rent' scheme for the residential housing sector.
It mandates that landlords and letting agents must use registered 'Right to Rent' Digital Verification Service Providers (RtR DVSPs) for facial recognition checks and must retain images of these checks for one year after a tenancy ends.
It also brings into effect updated codes of practice for landlords on how to avoid discrimination while performing these checks.
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