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The Illegal Working Compliance Orders Regulations 2016

S.I. 2016/1058 · Made 2 November 2016 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

Immigration

Made 2nd November 2016

Laid before Parliament 4th November 2016

Coming into force 1st December 2016

The Secretary of State, in exercise of the powers conferred by paragraph 5(6) of Schedule 6 to the Immigration Act 2016f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2016 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Obligation to conduct right to work checks
  4. 4Right to work checks: prescribed documents
  5. 4ARight to work checks: DVS identity check
  6. 5Right to work checks: Positive Verification Notice
  7. 5ARight to work checks: Home Office online right to work checking service
  8. 6Right to work checks: general requirements
  9. 6ARight to work checks: DVS identity checks—requirements
  10. 7Obligation to produce documents to an immigration officer
  11. 8Documents to be produced to an immigration officer: general
  12. 9Documents to be produced to an immigration officer: Positive Verification Notice
  13. 9ADocuments to be produced to an immigration officer: Home Office online right to work checking service
  14. 9BDocuments to be produced to an immigration officer: DVS identity check
  15. 10Restriction on retention of documents
  16. Signature
  17. Schedule 1
  18. 1Paragraph 1
  19. 1AParagraph 1A
  20. 1BParagraph 1B Repealed
  21. 1CParagraph 1C
  22. 2Paragraph 2 Repealed
  23. 3Paragraph 3 Repealed
  24. 4Paragraph 4 Repealed
  25. 5Paragraph 5 Repealed
  26. 6Paragraph 6
  27. 7Paragraph 7
  28. 8Paragraph 8
  29. 9Paragraph 9
  30. 10Paragraph 10
  31. 11Paragraph 11
  32. 12Paragraph 12
  33. Schedule 2
  34. 1Paragraph 1
  35. 2Paragraph 2 Repealed
  36. 3Paragraph 3 Repealed
  37. 3AParagraph 3A Repealed
  38. 3BParagraph 3B
  39. 3CParagraph 3C Repealed
  40. 3DParagraph 3D Repealed
  41. 4Paragraph 4
  42. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Illegal Working Compliance Orders Regulations 2016.

(2)

These Regulations come into force on 1st December 2016.

2InterpretationI1

In these Regulations—

  • F1“the 2025 Act” means the Data (Use and Access) Act 2025;

  • “administrative review” means review conducted under the immigration rules;

  • F2...

  • ...

  • F3“digital verification services” has the same meaning as in Part 2 of the 2025 Act (see section 27(2) and (3) of that Act);

  • F4“document” means—

    1. (a)

      an original document, or

    2. (b)

      where the original document is an official document giving a person’s permanent National Insurance Number and their name issued by a Government agency, a digital version of that document issued by the Government agency.

  • “DVS identity check” means the response generated by an RtW DVSP using digital verification services when undertaking identity verification with respect to a person;

  • “DVS register” means the register of persons established and maintained by the Secretary of State under section 32 of the 2025 Act;

  • F5“employee”, except in regulations 4(2), 4(3), 5A(2) and 5A(3), includes a reference to a prospective employee

  • F6“Home Office Employer Checking Service” means the enquiry and advice service for employers operated by the Home Office;

  • F7“Home Office online right to work checking service” means the electronic system allowing employers to check whether a person is allowed to work in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so.

  • ...

  • ...

  • ...

  • “immigration rules” has the same meaning as in section 33 of the Immigration Act 1971f1;

  • “online right to work check” means the response generated by the Home Office online right to work checking service in relation to a person;

  • “Positive Verification Notice” means a document issued by the Home Office Employer Checking Service which indicates that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question;

  • ...

  • “relevant DVS document” means—

    1. (a)

      the digital version (if any) of a document listed in Schedule 1 or 2 provided to an RtW DVSP by a Government department or Government agency,

    2. (b)

      a passport (current or expired by not more than six months) showing that the holder is a British citizen, or

    3. (c)

      a passport or passport card (in either case, whether current or expired by not more than six months) showing that the holder is an Irish citizen;

  • ...

  • “relevant person” means a person required to comply with these Regulations by virtue of an illegal working compliance order;

  • ...

  • “RtW DVSP” means a person registered in the DVS register under section 33(1) of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act that the person provides right to work digital verification services;

3Obligation to conduct right to work checksI1

Where an illegal working compliance order requires a person to carry out checks relating to the right to work in accordance with these Regulations, the person must comply with F1any of regulations 4, F24A, 5 or 5A in respect of each of their employees within the scope of the order.

4Right to work checks: prescribed documentsI1

(1)

A relevant person must—

(a)

require the employee to produce to them a document or combination of documents relating to the employee described in Schedule 1 or 2; and

(b)

comply with the requirements in regulation 6.

(2)

Where a document or combination of documents described in Schedule 2 provides that the employment is permitted for a limited period, a relevant person is deemed to comply with this regulation for a further period if the relevant person is satisfied on reasonable grounds that—

(a)

the employee has an outstanding application to vary his or her leave to enter or remain in the United Kingdom; or

(b)

the employee has an appeal or administrative review pending against a decision on that application.

(3)

In paragraph (2), the further period begins on the date on which the limited period expires and ends—

(a)

after 28 days; or

(b)

if earlier, on the date on which the Secretary of State gives the relevant person written notice that the employee does not have the right to undertake the employment in question.

4ARight to work checks: DVS identity checkF1F10

(F21)

A relevant person must—

(a)

obtain in relation to the employee from an F3RtW DVSP a DVS identity check which shows that there exists in relation to the employee a relevant F4DVS document,

(b)

receive from the F5RtW DVSP a copy of the F6DVS identity check, and the document checked, in a format which cannot be subsequently altered,

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

comply with the requirements set out in article 6A(2) F8, and

(e)

obtain from the RtW DVSP—

(i)

confirmation that it is registered in the DVS register and that there is a note relating to it in that register that it provides services in accordance with the RtW supplementary code, and

(ii)

confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtW supplementary code, and

(f)

where a facial recognition check is conducted by the RtW DVSP for the purpose of confirming the employee’s identity—

(i)

obtain copies of the facial image of the employee within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered,

(ii)

obtain confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and

(iii)

securely retain clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.

(F92)

In this regulation, “RtW supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to work digital verification services published, or republished as revised, under section 29 of the 2025 Act.

5Right to work checks: Positive Verification NoticeI1

(1)

A relevant person must—

(a)

obtain a Positive Verification Notice in respect of the employee (subject to paragraph (2)); and

(b)

comply, if applicable, with the requirement in regulation 6(2).

(2)

A relevant person does not comply with this regulation if a period of more than six months has elapsed beginning with the date the Positive Verification Notice was obtained under paragraph (1)(a).

5ARight to work checks: Home Office online right to work checking serviceF1

(1)

A relevant person must—

(a)

use the Home Office online right to work checking service in respect of an employee;

(b)

obtain an online right to work check confirming that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question;

(c)

be satisfied that any photograph on the online right to work check is of the employee;

(d)

retain a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; F2...

(e)

comply, if applicable, with the requirement in regulation 6(2) F3; and

(f)

where a facial recognition check is conducted by an RtW DVSP for the purpose of confirming the employee’s identity—

(i)

obtain copies of the facial image of the employee from the online right to work check and of the facial image of that person in a format that cannot subsequently be altered,

(ii)

obtain confirmation from the RtW DVSP that the images are of the rightful holder of the document, and

(iii)

securely retain clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.

(F41A)

Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.

(2)

Where the online right to work check F5confirms that the employee has leave to enter or remain on the date that the online right to work check is conducted for a limited period, a relevant person is deemed to comply with this regulation for a further period if the relevant person is satisfied on reasonable grounds that—

(a)

the employee has an outstanding application to vary his or her leave to enter or remain in the United Kingdom; or

(b)

the employee has an appeal or administrative review pending against a decision on that application.

(3)

In paragraph (2), the further period begins on the date on which the limited period expires and ends—

(a)

after 28 days; or

(b)

if earlier, on the date on which the Secretary of State gives the relevant person written notice that the employee does not have the right to undertake the employment in question.

F6(4)

Paragraph (2) does not apply where the online right to work check confirms that the person had a right to work on the date of the check by virtue of a pending application, administrative review or appeal.

6Right to work checks: general requirementsI1

(1)

The requirements of this regulation are that—

(a)

the relevant person takes all reasonable steps to check the validity of the document and retains a record of the date on which any check was made;

(b)

a F1clear copy of that document or combination of documents is retained securely by the relevant person for the period during which the illegal working compliance order is in force;

(c)

if a document contains a photograph purporting to be of the employee, the relevant person has satisfied himself that the photograph is of the employee;

(d)

if a document contains a date of birth purporting to relate to the employee, the relevant person has satisfied himself that the date of birth is consistent with the appearance of the employee;

(e)

the relevant person takes all other reasonable steps to verify that the employee is the rightful holder of the document;

(f)

if the document is not a passport, the relevant person retains a F2clear copy of the whole of the document;

(g)

if the document is a passport, the relevant person retains a F3clear copy of the following pages of that document—

(i)

any page containing the holder’s personal details including nationality;

(ii)

any page containing the holder’s photograph;

(iii)

any page containing the holder’s signature;

(iv)

any page containing the date of expiry; and

(v)

any page containing information indicating the holder has an entitlement to enter or remain in the United Kingdom and undertake the work in question.

F4(1A)

Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.

(2)

A further requirement, if the employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, is that the relevant person must—

(a)

require the employee to provide details of the term and vacation dates of the course that the employee is undertaking; and

(b)

retain a record of these details.

6ARight to work checks: DVS identity checks—requirementsF1F6

F2(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The requirements mentioned in article F34A(1)(d) are that—

(a)

the relevant person is satisfied that the photograph of the individual contained in the information received by the relevant person in accordance with article F44A(1)(b) is of the employee;

(b)

the relevant person retains a clear copy of the F5DVS identity check, and the documents checked, for a period of not less than two years after the employment has come to an end.

7Obligation to produce documents to an immigration officerI1

Where an illegal working compliance order requires a person to produce documents relating to the right to work to an immigration officer in accordance with these Regulations, the person must comply with F1any of regulations 8, 9 F2, 9A or 9B in respect each of their employees within the scope of the order.

8Documents to be produced to an immigration officer: generalI1

(1)

A relevant person must produce—

(a)

a F1clear copy of a document or a clear copy of a combination of documents relating to the employee described in Schedule 1 or 2 in accordance with paragraphs (2) and (3); and

(b)

if the employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, a document or clear copy of a document which records the details of the term and vacation dates of the course that the employee is undertaking.

(2)

In respect of a passport, the relevant person must produce a clear copy of the following pages of that document—

(a)

any page containing the holder’s personal details including nationality;

(b)

any page containing the holder’s photograph;

(c)

any page containing the holder’s signature;

(d)

any page containing the date of expiry; and

(e)

any page containing information indicating the holder has an entitlement to enter or remain in the United Kingdom and undertake the work in question.

(3)

In respect of a document which is not a passport, the relevant person must produce a clear copy of the whole of the document.

9Documents to be produced to an immigration officer: Positive Verification NoticeI1

A relevant person must produce—

(a)

a Positive Verification Notice which has been obtained in respect of the employee within the preceding period of six months from the date on which it is produced to an immigration officer; and

(b)

if the employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, a document or copy of a document which records the details of the term and vacation dates of the course that the employee is undertaking.

9ADocuments to be produced to an immigration officer: Home Office online right to work checking serviceF1

A relevant person must produce—

(a)

a clear copy of the online right to work check; and

(b)

if the employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, a document or clear copy of a document which records the details of the term and vacation dates of the course that the employee is undertaking.

9BDocuments to be produced to an immigration officer: DVS identity checkF1F3

A relevant person must produce a clear copy of the F2DVS identity check and the document checked.

10Restriction on retention of documentsI1

Nothing in these Regulations permits a relevant person to retain documents produced by an employee F1or the Home Office for the purposes of these Regulations for any period longer than is necessary for the purposes of ensuring compliance with regulation F26, 8, 9 F3, 9A or 9B.

Signature

Robert Goodwill

Minister of State

Home Office

1I1

An expired or current passport showing that the holder F1... is a British citizen F2....

1AF1

A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.

1BF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1CF1

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6I1

A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.

7I1

A current immigration status document issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

8I1

A F1... birth certificate issued in the United Kingdom ..., when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

9I1

F1An adoption certificate issued in the United Kingdom F2... when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

10I1

A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

11I1

An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

12I1

A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

1I1

A current passport endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the work in question.

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3AF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3BF1

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

3CF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3DF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4I1

A current immigration status document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or previous employer.

Explanatory note

(This note is not part of the Regulations)

Paragraph 5 of Schedule 6 to the Immigration Act 2016 empowers a court to make an illegal working compliance order to prevent an employer from employing an illegal worker. These Regulations prescribe the checks relating to the right to work which a court may require a person specified in an illegal working compliance order to carry out. These Regulations also prescribe the documents relating to the right to work which a court may require a person specified in an illegal working compliance order to produce to an immigration officer.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.