The Employer Checking Service (ECS) is a form of online right–to-work check that should be used where an individual has a pending immigration application, appeal or administrative review with the Home Office.
As an employer, it can be quite tricky knowing which online right–to-work check you must carry out when you employ an individual, as there is more than one. If you have conducted the appropriate right–to-work check you should have a defence against a civil penalty for unintentionally employing an illegal worker, which could otherwise cost you up to £20,000 per illegal worker. It is therefore critical to ensure you get it right.
How do I use the ECS?
To use the ECS you will have to visit the Home Office website, which can be accessed here. You will need to enter details about the individual, and then submit your request to the Home Office.
Unlike other forms of online right–to-work check, you do not need to obtain a share code from the individual first.
How long will it take to get a response?
It can take up to 5 working days (subject to delays) to receive a response.
You should wait for 14 days after the individual’s application or appeal has been submitted before requesting an ECS check, due to the time it takes for such submissions to be registered.
What will the outcome be?
If the individual has the right to work for your organisation, you should receive a Positive Verification Notice (PVN) from the Home Office.
The PVN will be valid for 6 months.
If your employee is granted their visa within this time, you will need to request a share code from your employee and carry out the standard online right–to-work checks.
If your employee does not have their visa granted or their appeal decided within the 6 months when the PVN is valid, you will need to carry out a further ECS check and obtain an additional PVN, which will be valid for a further 6 months.
It is important to know that not all individuals with pending applications will have the right to work. You may receive a Negative Verification Notice, which informs you that the individual does not have the right to work. To avoid unintentionally employing an illegal worker, you should ensure that you submit the ECS request before the individual’s current visa expires (if you are already employing them), or do not start their employment until you have received a PVN.
Depending on the individual’s particular circumstances, there may be additional documents you need to retain on file in order to protect yourself from a civil penalty. For example, you must keep a copy of the Certificate of Application (a document confirming that the individual has submitted a valid application) for individuals with pending applications under the EU Settlement Scheme .
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an , or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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