Do I need to carry out a right-to-work check for a freelancer or VA?

Before you decide how to onboard somebody, you need to be clear about what kind of working relationship you are actually creating.

This has always been important, but now more than ever. From 1 October 2026, it may also affect whether your business needs to carry out a right-to-work check.

The Home Office republished its draft employer guidance on the 11th September 2026. The changes extend the Right to Work Scheme beyond traditional employment to some worker contracts, individual subcontractors and online matching services.

However, that does not mean every business engaging a freelancer, contractor or virtual assistant must automatically carry out a check.

A right-to-work check may be required when engaging some people outside traditional employment, but it does not automatically apply every time you work with a freelancer or VA.

The actual working relationship matters more than the label you give it.

The Home Office right-to-work guidance says the scheme is not intended to apply when an independent business, operating in its own name or through its own company, contracts directly with a client to provide goods or services.

It gives the example of a graphic designer engaged for a specific project through their own personal service company. The company contracts with and invoices the client for the service. In that situation, the client does not need to carry out a right-to-work check on the individual designer.

That is different from engaging an individual personally under a worker arrangement, using certain online matching services or creating a subcontracting chain in which somebody else personally provides the work.

A PRACTICAL CHECK

Before onboarding outside support, check:

• Who holds the contract and sends the invoice?

• Are you engaging an individual to work personally, or purchasing a defined service from an independent business?

• Is an online matching service or another intermediary involved?

• Does the written agreement reflect how the relationship will operate in practice?

Calling somebody a freelancer, contractor or VA does not settle the question.

This is another reason why a VA should not simply be treated as a slightly cheaper, remotely located employee. The paperwork and responsibilities are different because the relationship is different. I explored that distinction further in Do I need an employee or a virtual assistant?

If you engage outside support, or provide a platform connecting clients with individual service providers, the new Home Office guidance is worth adding to your October admin check.

Read the examples, look at the substance of the arrangement and take appropriate professional advice if it is unclear.

The paperwork should follow the relationship you are actually creating, not the convenient label written at the top.

This article is a general business prompt rather than legal or immigration advice. Refer to the current Home Office guidance and seek professional advice about your particular arrangements where needed.