Who Should Care? This update is primarily relevant for companies employing foreign nationals in the UK, including multinational corporations with branches or subsidiaries in both the UK and US. For Chinese enterprises expanding overseas and cross-border investors, understanding these changes helps align global compliance strategies.

What Has Changed? The UK Home Office quietly announced a consultation on extending the duration of employers’ right to work checks effective October 1, 2026. While the draft Code of Practice largely mirrors the 2022 version, the key adjustment affects how long employers must retain records of right to work evidence. This extension aims to strengthen enforcement against illegal working while maintaining protections against unlawful discrimination.

Step-by-Step Action Plan

1

Review Current Compliance

Companies should audit their existing right to work check procedures and documentation retention policies now. Confirm that all employee records are complete and securely stored.

2

Update HR Policies

Amend internal policies to reflect the extended retention period and reinforce anti-discrimination training as emphasized in the Code.

3

Train Hiring Managers

Ensure those responsible for recruitment understand the nuances of lawful right to work verification, including avoiding prohibited questions or profiling.

4

Leverage Technology

Use digital systems to track and securely archive right to work documents, reducing administrative burden and risk of non-compliance.

From Our Practice Perspective Although this is a UK-specific regulatory update, it holds lessons for Chinese enterprises with US operations, especially those using L-1 or EB-1C visa categories for intra-company transferees. Cross-border consistency in employment verification reduces risks of legal challenges in either jurisdiction. We have seen clients face delays in L-1 petitions due to insufficient proof of lawful employment abroad, underscoring the value of meticulous record-keeping.

Legal Reference The draft Code aligns with the UK Immigration, Asylum and Nationality Act 2006 requirements and reflects the Home Office’s ongoing efforts to deter illegal working. For US employers, the parallel is maintaining I-9 compliance under 8 CFR §274a.2.

What This Means for You If your company employs or plans to hire foreign nationals in the UK, start reviewing your right to work check processes now. This proactive approach not only ensures compliance with the extended retention but also minimizes risks of discrimination claims. For Chinese enterprises managing global talent, harmonizing UK and US employment verification standards will streamline future visa and immigration filings.

Data Sources [1] UK Home Office Consultation, gov.uk [2] 8 CFR §274a.2, USCIS.gov