Business immigration updates for employers | May 2025

In the constantly evolving world of immigration, we have highlighted below the main updates and developments for employers that have been released this month:

Right to work check expansion plans

In May, the UK government added a new clause to the Border Security, Asylum and Immigration Bill, to broaden the scope of right-to-work checks beyond traditional employees with conventional contracts to include alternative working arrangements such as:

• Individuals engaged under a worker’s contract;
• Self-employed contractors; and
• Individuals providing services through online platforms.

The new clause would extend the need for employers and businesses to complete right to work checks on individuals under the non-traditional contracting methods, namely worker's contracts and subcontractors. This would mean that businesses could face civil penalties of up to £60,000 per illegal worker if they fail to conduct appropriate checks, even in cases where there is no direct contractual relationship or awareness of the individual's engagement.

The main aim of this change is to evolve with the working practices and address the significant gaps in the current regime, where individuals engaged in non-traditional working practices are leaking through and able to work without being checked.

The government is aiming to undertake a formal consultation with affected businesses and stakeholders before the commencement of the changes. There is also an intention to set a period from the publication of guidance before enforcement to ensure businesses can prepare and adapt. It is likely the legislation won't come into force this year so it must be part of businesses 2026/27 adaption plans.

Starmer's new agreement with the EU

On 19 May 2025, the Prime Minster confirmed that a new agreement with the European Union had been reached which he hailed as 'good for jobs, good for bills and good for our borders'.

As part of the deal, the UK and EU have agreed to co-operate further on a youth experience scheme, which would allow a reciprocal arrangement for young people to work and travel freely between the UK and Europe. The UK already have a Youth Mobility Scheme whereby young people from 11 set countries can experience the UK's culture and work in most jobs for up either two or three years. It's highly likely that the youth experience scheme would mirror this existing visa scheme, applying an annual cap with a time-limited duration. These details will be the subject of future negotiation.

This is a proposal that has been talked about since Brexit….but this latest update provides a formal acceptance that this is where the UK and EU are heading, but when? We don't know. It certainly makes a positive headline, but businesses shouldn't rely on this within their future recruitment plans until we know more details about the limits that will apply.

Expired Biometric Residence Permit deadline – 1 June 2025

The continued use of expired Biometric Residence Permits for travel stops on 1 June 2025. After this time, expired BRPs will not be accepted and individuals must have created their UKVI account, enabling them to access their online immigration status (eVisa). There have been no announcements extending this deadline further and, with summer holiday season approaching, it is vital that businesses remind staff to take action if not already completed.

Enforcement reminder

This announcement caught our eye this month and is a stark reminder as to why right to work checks are so important for a business. A car wash business in Suffolk was found to have four illegal workers, resulting in the company receiving a fine of £180,000 and the director being disqualified for seven-years – preventing him from promoting, forming or managing companies without court permission. Businesses need a clear and compliant right to work check system in operation which is regularly reviewed in line with the evolving legislation. Seven-year ban for Suffolk car wash owner who employed illegal workers - GOV.UK