Extended Right To Work Check Requirements From 1 October 2026

KEY CHANGES

Previously, compliance with Right to Work (RTW) checks applied to:

• Direct employers; and
• Sponsor licence holders for all sponsored workers, regardless of whether they are the direct employer.

Now, compliance has been extended to include:

• Certain non-directly employed workers;
• Individual sub-contractors; and
• Online matching platforms.

WHO IS AFFECTED?

The new rules bring several types of arrangements within the scope of RTW checks.

Workers engaged under a worker’s contract

If your company engages an individual to perform work or services personally, you must now conduct a RTW check, regardless of direct employment.

For example, a worker who provides services personally, is under significant control or direction of the company, and is an integral part of the company’s business will now fall within the RTW check requirements.