Appendix I: Right to work in the UK and the transition to eVisas
Migrant workers’ rights to work in the UK depend on their immigration status. Employers have legal responsibilities under immigration and anti-discrimination law and must ensure they conduct right to work checks fairly, consistently, and in line with the latest guidance. From 1 June 2025, the UK government is transitioning to a digital-only immigration status system known as the eVisa. This affects millions of migrant workers, especially those in health and social care, and has implications for right to work checks.
Right to work checks
Employers are required to carry out right to work checks under the UK government’ s Right to Work Scheme. If carried out properly, these checks provide a statutory excuse against a civil penalty if a worker is later found to be working illegally. However, employers must not discriminate on the basis of appearance, nationality, accent, or perceived immigration status. Checks must be applied consistently across all staff.
More details: https:// www. gov. uk / government / publications / right-to-work-checksemployers-guide
Discrimination risks and hostile environment laws
The“ Illegal Working Offence,” introduced by the Immigration Act 2016, makes it a criminal act for undocumented people to work and for employers to knowingly employ someone without the right documentation. Wages can be seized as proceeds of crime. These laws have serious implications:
• Undocumented workers risk detention, deportation or imprisonment
• Employers effectively act as immigration agents, creating fear in workplaces
• Facial recognition systems used in recruitment have wrongly flagged Black workers
• Racial profiling and over-checking of migrant or racialised workers is widespread
Many undocumented workers are in frontline jobs like care, cleaning and agriculture. These laws drive them into more exploitative, unregulated jobs. For more, see JCWI: https:// jcwi. org. uk / reportsbriefings / work-it-out-advancing-migrantworkers-rights /
84 LRD • Supporting migrant workers