Upcoming Immigration Law Changes – Effective from October 2026

By Mohammed Sofian Bin Hakim

Is your UK visa approaching expiry? Are you a Skilled Worker experiencing problems with your employer? Or does your business rely on contractors or flexible workers? If so, important changes to the UK immigration rules could affect you. 

From 1 October 2026, and particularly from 8 October 2026, new rules will change how certain immigration applications are handled, provide additional protection for some exploited Skilled Workers, and expand Right to Work responsibilities for businesses. 

For some people, taking the right steps before these changes come into force could be crucial. 

Here are three important changes you should know about. 

1) Right to Work checks are expanding – from 1 October 2026 

From 1 October 2026, the right to work requirements will extend beyond traditional employees. Certain workers, subcontractors, and people working through specified arrangements may also fall within the expanded regime.  

Who could be affected? 

This is particularly relevant to businesses using: 

  • Contractors and subcontractors; 
  • Self-employed workers; 
  • Agency or temporary workers; 
  • Flexible labour arrangements; and 
  • Certain online matching or platform arrangements. 

This will be particularly relevant to sectors such as care, construction, hospitality, logistics, and retail, where flexible labour is common. 

Businesses should not assume that describing someone as a “self-employed contractor” automatically removes the right to work obligations. 

What should businesses do? 

Businesses should review their workforce and recruitment arrangements before 1 October 2026 and identify who may fall within the expanded requirements. 

Checks must also be carried out fairly and consistently. Employers should never make assumptions about immigration status based on nationality, appearance, accent, or name. 

2. Changes to fee waivers and Section 3C leave – from 8 October 2026 

Changes to the rules governing fee waivers and immigration applications will take effect on 8 October 2026. 

This is particularly important for people who cannot afford an immigration application fee and may need a fee waiver, including those making human rights, family-life or private-life applications. 

The new rules mean that, where a fee waiver is requested, applicants must ensure that the subsequent application corresponds to the route for which the fee waiver was sought. The practice of changing mind and varying the application to a different route while the fee waiver decision remains pending is ending. Applying under a different route can affect the date on which that application is treated as being made and potentially could make you an overstayer.  

Who could be affected? 

This may be particularly important for people: 

  • With limited financial resources; 
  • Whose current visa is close to expiry; 
  • Making human rights or family-li applications; or 
  • Relying on Section 3C leave. 

What should you do? 

Do not leave this until the last minute. 

If your visa is approaching expiry and you may need a fee waiver, obtain advice before your current permission expires. The timing and type of application can have serious consequences for your immigration status. 

3. New protection for Skilled Workers facing modern slavery – from 8 October 2026 

A major change is coming for Skilled Workers who are victims of modern slavery or serious exploitation. 

Normally, a Skilled Worker is restricted to their sponsored employment. This can leave an exploited worker afraid to leave their employer because of concerns about their immigration status. 

From 8 October 2026, qualifying Skilled Workers who are recognised as victims of modern slavery will have greater freedom to work for another employer for the remainder of their existing immigration permission, subject to the relevant requirements.  

Who could be affected? 

This may include workers experiencing serious exploitation, such as: 

  • Significant underpayment or non-payment of wages; 
  • Excessive or unlawful working hours; 
  • Threats or intimidation; 
  • Control or withholding of identity documents; or 
  • Restrictions on their freedom to leave employment. 

What should you do? 

If you believe you are being seriously exploited, do not assume you have to remain in the job because you hold a Skilled Worker visa. 

Seek specialist advice promptly and preserve evidence such as contracts, payslips, bank statements, messages and working-hour records. Where appropriate, a person may be referred into the National Referral Mechanism (NRM). 

The new protection is subject to specific requirements and does not automatically apply simply because exploitation is alleged. 

The key message 

Know the rules. Know the dates. Act early. 

Whether you are worried about your visa, experiencing exploitation at work, or running a business that employs or engages workers, these changes could affect your immigration position or legal responsibilities. 

We are here to help. 

Our immigration team can assess your circumstances, explain how the latest changes may affect you or your business, and advise you on the appropriate steps to take before the new rules come into force. 

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