Employers in the UK must ensure that every employee has the legal right to work. This applies to both UK nationals and overseas workers. Conducting the right-to-work check is essential to prevent illegal working, and employers must have clear processes in place. In this article, we explain the Online Right to Work (RTW) check and the Employer Checking Service (ECS), their differences, and how to use each service.
What is the Online Right to Work (RTW) Check?
The Online Right to Work (RTW) check is a service from the UK Home Office that helps employers verify a candidate’s right to work in the UK. Before hiring someone, employers must carry out this check to ensure the individual has legal permission to work.
To use the RTW check, the employee must first give online permission to share their immigration status. Once they do, the employer can use the Online RTW service to confirm:
- The type of work the person is allowed to do.
- The duration for which they can work in the UK (if there’s a time limit).
Since April 6, 2022, employees from outside the UK who have biometric residence permits or online status must provide a share code to allow the employer to conduct the online check.
How to Use the Online RTW Service
Here’s how to carry out an online RTW check:
- The employee requests a share code through the “Prove your right to work to an employer” service. The employee must have biometric residence cards, permits, settled or pre-settled status, or use the UK Immigration: ID Check app.
- The employee shares the share code with the employer.
- The employer visits the online “view job applicant’s right to work” service and enters the employee’s date of birth and share code.
- The employer can then verify the employee’s right to work in the UK.
What is the Employer Checking Service (ECS)?
The Employer Checking Service (ECS) is an alternative to the online RTW check. Employers use the ECS when an individual cannot prove their right to work using the RTW service. This situation often arises when:
- The employee has an ongoing visa application, appeal, or other immigration matters being considered by the Home Office.
- The employee arrived in the UK before 1989 and has no documents proving their immigration status.
How to Use the Employer Checking Service
To use the ECS, employers need to:
- Go to the Employer Checking Service on the Home Office website.
- Confirm that the individual does not have a passport, immigration documents, or digital status that can be checked online.
- Answer questions explaining why you’re using the ECS (e.g. the individual has an outstanding immigration application).
- Provide the employee’s personal details, such as:
- Full name, date of birth, nationality
- Job title, hours worked per week, home address in the UK
- Home Office reference number (for applications or cases)
- Provide your business details (name, type, and contact information).
- Submit the request to the Home Office.
Once you’ve submitted the ECS request, the Home Office will respond within 5 working days. If the individual has the right to work, the employer will receive a Positive Verification Notice (PVN). This notice confirms the individual has the right to work for 6 months, while their immigration status is being processed. It also gives the employer a statutory excuse if the worker is later found to be working illegally.
Differences Between the RTW Check and ECS
The key differences between the Online RTW Check and the ECS are:
- RTW Check: This is a fast online check that allows employers to verify a person’s right to work immediately. It can only be used if the employee already has legal permission to work in the UK.
- ECS: The ECS is for situations where the individual cannot immediately prove their right to work (e.g. if they’re waiting for a visa decision or appeal). The process takes longer (up to 5 working days) and requires more information from both the employer and the employee.
Both the Online RTW check and the Employer Checking Service (ECS) are essential tools for employers to ensure they hire individuals who have the legal right to work in the UK. The RTW check is quicker and can be done online, while the ECS is used in more complex cases where the individual’s status is still being processed. Understanding when and how to use each of these services is vital to staying compliant with UK immigration laws.
If you need assistance with right-to-work checks or have questions about hiring employees in the UK, Law and Visas can help you navigate the process.
