The Employer Checking Service (ECS) is a service provided by the Home Office for employers who want to verify the right to work of an employee who is waiting for a visa decision, review, or appeal. It helps employers stay compliant with the UK’s immigration laws by confirming whether someone has permission to work while they await a decision on their immigration status.
Why Are Right-to-Work Checks Important?
Employers must check that every new hire has permission to work in the UK. If you hire someone who doesn’t have the right to work, you could face a fine of up to £20,000 per illegal worker. You face this fine even if you unknowingly hire someone who isn’t allowed to work.
By using the ECS to verify someone’s right to work, you gain a “statutory excuse”—this means you won’t face a fine if you unknowingly employ someone who doesn’t have the right to work, as long as you followed the proper procedure.
However, if you don’t make the proper checks, you won’t be able to use the “statutory excuse” to defend against a fine, even if you don’t know about the issue.
When Should Employers Use the ECS?
You may need to use the ECS in the following situations:
- If an employee gives you a non-digital Certificate of Application (CoA) or a non-digital acknowledgment letter for an application made under the EU Settlement Scheme (EUSS) before 30 June 2021.
- If an employee gives you a digital CoA or other documentation confirming their immigration application, and the Home Office has directed you to use ECS.
- If an employee has an Application Registration Card (ARC) and is permitted to work in a shortage occupation.
- If an employee has an outstanding visa application or appeal, and cannot provide clear proof of their right to work.
How to Use the Employer Checking Service
To use the ECS, follow these steps:
- Visit the official website: Go to www.gov.uk/employee-immigration-employment-status.
- Enter employee details: You will need to provide your employee’s personal information, job details, and any Home Office reference numbers or case IDs. You will also need to submit your business name, industry, and contact information.
- Apply: After entering the required details, submit the online form.
- Wait for a response: The Home Office will review the employee’s immigration records. This usually takes around five working days.
- The authorities will send you a Positive Verification Notice (PVN) if they confirm the employee has the right to work. This serves as proof that you’ve conducted the right-to-work check and provides a 6-month statutory excuse.
- Record and store the PVN: You should save the PVN for up to two years after the employee leaves your company. You can keep it either in a printed or electronic form.
What if the Check Comes Back Negative?
If the ECS indicates that the employee does not have the right to work, you must not employ them. If you hire someone who isn’t legally allowed to work, you risk facing a civil penalty or even criminal prosecution. The penalties can include an unlimited fine or up to 5 years in prison.
What if My Employee’s Visa Is Expiring?
If an employee’s visa is about to expire but they’ve already applied for a visa extension or a new visa, they can continue working while they wait for a decision.
- Follow-up checks: If their visa has expired, you have 28 days from the expiration date to carry out the ECS check. As long as you have evidence that they applied for an extension before their visa expired, they can continue working.
For new employees, you must complete an ECS check before you hire them, if they are waiting for a decision on their application or appeal.
The Employer Checking Service (ECS) is a useful tool for employers to make sure they comply with the UK’s immigration laws. Employers allow workers to stay on the job during visa processing and make sure new hires can work legally while awaiting a decision. By using the ECS, employers can avoid penalties and stay on the right side of the law.
For expert advice on immigration and right-to-work checks, Law and Visas can help guide you through the process.
