Employee checking service (ECS Check UK) is an important element of the hiring process since they allow employers to confirm that potential employees are eligible to work in the United Kingdom. However, to determine if a prospective employee has time-limited or permanent permission to work, the employer must examine the relevant documentation, such as a passport or visa. Employers must also conduct this before hiring anyone to ensure that they are legally able to perform the work in question. If the employer fails to comply, the home office employee checking service may impose a fine.
But what should you really know about Employee Checking Service? In this article, we will cover every single detail in the most simple terms.
What is Employer Checking Service?
The Home Office’s Employer Checking Service (ECS) is the recommended method for employers to verify the right to work of individuals who are unable to prove their permission to work through an online or manual document check.
Typically, this is because the individual is awaiting an outstanding application or appeal with the Home Office, or because they arrived in the UK before 1989 and do not have any official confirmation of their immigration status.
When an individual is unable to provide the necessary information or documentation to the employer for a right to work check, the employer should use the Employer Checking Service.
It is free to use the Employer Checking Service.
When should employers use the Employer Checking Service?
The Employer Checking Service is used when a non-British or non-Irish citizen has time-limited permission to work in the UK but cannot provide a share code or any of the acceptable documents to confirm their eligibility to work.
Examples of when the checking service should be used are:
- Individuals with pending Home Office applications or appeals
- Individuals with long-term UK residency who came to the UK before 1989 but have no formal immigration documentation
- Individuals with a Certificate of Application, either digital or non-digital, stating that the Home Office must be contacted for right to work verification.
- Individuals holding an Application Registration Card (ARC)
You do not need to request a Right to Work through the Employer Checking Service if the employee or potential employee is from the United Kingdom, the European Economic Area, Switzerland, or has Home Office immigration documents demonstrating a Right to Work. You will still need to perform a digital or manual check to ensure that the employee’s documents are valid. You must also keep copies of those documents for up to two years after the employee’s employment ends.
#1. If the person is awaiting a Home Office decision
If a current employee submits a visa application in the UK before their current visa expires, their visa conditions will be maintained while the new application is processed. While the application is being processed, the employer must obtain a Right to Work check or a positive result from the ECS by the 28th day after the previous visa expires.
#2. If the individual possesses an ARC or CoA
When requesting a check and the individual has a Certificate of Application that is less than six months old or an Application Registration Card, you must ask the employee for the original version of the document.
How to Use the Employer Checking Service
To use the Employer Checking Service, the employer must fill out an online form on the Home Office website.
You will need the individual’s permission, as well as the following information:
- Name
- Date of Birth
- Nationality
- Job title and hours worked
- Home Office reference
You’ll be asked several questions:
- Does the employee or prospective employee have a passport from the United Kingdom, the European Economic Area (EEA), or Switzerland, as well as other Home Office immigration documents proving their right to work?
- Does this person currently work for you? And if so, when did they begin working for you?
- Does this person have a current application or appeal for leave to remain in the UK?
- Is this person applying for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK?
- Is this person applying to transfer a current visa into a new passport/Biometric Residence Permit (BRP) or to replace a BRP?
- Does this person have a Certificate of Application (COA) from the EU Settlement Scheme (EUSS)?
- Does this person have an Application Registration Card (ARC) for an asylum seeker that states that they are permitted to work?
- Or is the person unable to provide a valid BRP due to non-delivery or collection?
- Are they unable to use the Digital Right to Work service due to a technical error?
- Is there evidence that the individual has settled or pre-settled status under the EU Settlement Scheme (EUSS) issued in a Crown Dependency, or is a Frontier Worker in the United Kingdom? Or does none of the above apply?
- Has this person applied for, or are they eligible for, settlement protection?
- Has this person been in the UK since before 1988?
- Have you seen the original of this document where the employee or prospective employee is a family member of an EEA national with a COA less than six months old stating they are allowed to work, or where they are an asylum seeker with an ARC stating they are allowed to work?
- If the employee or prospective employee does not have any of the documents listed above, has he or she applied for or is eligible for settlement protection? If a person holds a residence card as a refugee or has humanitarian protection, they can apply for indefinite leave to remain in the UK.
Based on your responses, you will be advised whether or not to apply to the Home Office for a Right to Work check. You will then be asked to provide information about both the individual and your business.
When asked to provide your business information, you must provide your name, type of business, and contact information. Your business’s contact information should include:
- A named employee.
- Their job title
- A business address.
- Telephone number
- Email Address
You’ll enter this information into the online form and receive an email confirmation. Always double-check your information and notify the Home Office of any errors.
Once you have submitted your request, the Home Office will usually respond within 5 working days. However, it may take longer, so please allow up to 10 days.
If a person’s right to work is confirmed
If the Home Office confirms that the individual has the right to work, you will be issued a Positive Verification Notice (PVN) that is valid for six months.
You must keep a copy of the Home Office’s response as proof of the check and that you have followed your prevention of illegal working duties. You have up to two years to keep a digital or hard copy after the employee leaves your company.
If the individual’s right to work has not been confirmed
If the Home Office’s response indicates that the individual does not have the right to work in the UK or is not qualified to perform the type of work requested, you cannot hire or continue to employ them. You will not be able to use the statutory defence against a civil penalty.
Importantly, if an employer knowingly employs someone who does not have the right to work, they may face criminal charges punishable by up to 5 years in prison and an unlimited fine.
What’s the difference between digital Right to Work checks and Employer Checking Services?
Both digital Right to Work checks and the Employer Checking Service use online systems to verify that an individual has permission to work in the UK; however, they differ and are used in different situations.
Foreign nationals with a BRP/BRC, EUSS status, a British National Overseas visa, or a Frontier Workers Permit (FWP) can undergo digital right-to-work checks. The individual obtains a share code from the Home Office website, which they then give to their employer to conduct their own digital check.
If the individual cannot provide a share code or prove the physical documentation for a manual check, the employer must use the Employer Checking Service.
As a result, the type of check required is determined by factors such as the individual’s documentation and unique circumstances.
Why do I need to conduct right-to-work checks?
Employers must conduct checks to meet their legal obligations and ensure they do not hire illegal workers. If an employer is found to have employed someone who does not have the legal right to work in the UK, they may face significant civil penalty fines for each illegal worker.
However, if one of your employees is found to be working illegally but you can demonstrate that you performed the right to Work checks correctly, you may be able to use a statutory excuse to reduce or challenge the penalty.
You should also keep records to demonstrate that you have completed the necessary checks.
When should I conduct a right-to-work check?
To avoid allegations of illegal employment, make sure you have confirmed an individual’s right to work prior to their first day of work.
For employees with time-limited permission to work, you may need to conduct a follow-up check to ensure their continued permission.
Assume you are performing a repeat check for a current employee who has an outstanding application or appeal when their previous visa is about to expire. In that case, you must use the ECS 21 days after the expiry date to verify the individual’s right to work before the 28-day expiry deadline.
Importance of ECS
Employers must understand the importance of the ECS for their employees and their families, as well as the potential consequences of not conducting proper checks:
- The ECS allows migrants to work legally in the UK while their immigration application is being processed. Without employment, they may face financial hardship and debt, especially if they do not have access to public funds. This situation affects both them and their families.
- The ECS can help protect migrant workers from exploitation. When employers conduct these checks, they allow their employees to keep their legal employment status. Employees who do not undergo these checks risk losing their jobs and being forced to work for unscrupulous employers who may exploit their lack of documentation confirming their immigration status.
- The ECS helps to ensure that employees do not face discrimination in the workplace. By allowing employers to verify the immigration status of their migrant workers, the ECS promotes a level playing field for all workers.
- The ECS protects not only the rights of migrant workers, but also employers and their employees.
What information do you require?
To use the ECS, you must provide specific information about the migrant worker in question. Here’s a checklist of the necessary information:
- Migrant Worker Information:
- Full Name
- Date Of Birth
- Nationality
- Job Details:
- Job Title
- Hours worked per week
- Contact Information:
- Home address in the UK
- Home Office Reference:
- Home Office reference number.
- Case ID
- Home Office application reference number.
- The BRP (Biometric Residence Permit) document
- Passport number (valid or expired)
How Do I Make a Request?
You can submit your request to the ECS online using the official website here. It’s a simple process that allows you to help ensure immigration law compliance.
What Happens Next?
After you submit your request, the Home Office will usually respond within 5 working days. If the Home Office confirms that the employee has an outstanding application or appeal, you will receive a Positive Verification Notice (PVN). This PVN is critical and serves as proof of your compliance with immigration laws. Remember that a PVN is valid for 6 months, so schedule a follow-up check before it expires if you want to keep your statutory excuse.
Document Management and Record Keeping
As an employer using the ECS, it is essential to keep meticulous records.
- Save a copy of the PVN.
- Protect the employee’s original documents.
- Keep a record of the date you submitted the ECS request.
- Make a note of when the PVN expires. A good practice would be to leave a remainder two weeks before the expiry date so that you can apply for a new PVN if needed.
- These records are critical for demonstrating your adherence to immigration laws and ensuring your organization’s compliance.
Additional Considerations:
Here are some important things to remember when using the ECS:
- Eligibility: The ECS is only for migrant workers who are unable to provide valid right-to-work documents due to an ongoing application or appeal with the Home Office. It is not a generic verification tool.
- No Guarantee: Using the ECS does not ensure that your employee will be granted leave to remain. It simply confirms the status of their pending application or appeal, as well as their current right to work.
- Rejected Applications or Appeals: If your employee’s application or appeal is denied, you may need to conduct additional checks. Please contact us to discuss the next steps.
When should Employer Checking Service be used?
According to Home Office guidance, the following circumstances may require this service:
- You are presented with a document (non-digital CoA, acknowledgement letter, or email) confirming receipt of an application to EUSS on or before June 30, 2021; or
- You receive a non-digital CoA confirming receipt of an application to the EUSS on or after July 1, 2021; or
- You checked a digital CoA, using the online service, confirming receipt of an application to the EUSS on or after 1 July 2021, and were directed to the ECS; or
- You are presented with a valid Application Registration Card indicating that the holder is authorized to perform the work in question. Any work will be limited to employment in a shortage occupation.
- You are satisfied that you have not been provided with any acceptable documents because the person has an outstanding application with us that was made before their previous permission expired or has an appeal or administrative review pending and, as a result, cannot provide evidence of their right to work;
- You believe you have not been provided with any acceptable documents, but the person presents additional information indicating that they are a long-term resident of the UK who arrived before 1988.
How can I use the Employer Checking Service?
To access the service, go to www.gov.uk/employee-immigration-employment-status.
To process the application, you must enter the employee’s personal information, employment details, and any Home Office reference numbers/case IDs. You will also need to provide your company name, industry, and contact information.
Once this information has been entered and submitted via the relevant online form, the Home Office will review the application (the person’s records will be checked to ensure they have the right to work). The turnaround time will be approximately five working days.
If the Home Office confirms that the individual has the right to work, the person making the check will receive a Positive Verification Notice (PVN).
This PVN is proof that you completed the proper right to work check and will provide you with a 6-month statutory excuse before you need to conduct a “follow up” check. As part of the right to work record-keeping requirement, this PVN must be kept for up to two years after the individual leaves your employment; it can be printed or saved electronically.
If the check comes back negative (indicating that the employee does not have the right to work in the UK or perform the work in question), you should not hire or continue to employ the person because you will be unable to use the statutory defence against civil penalty. If you hire them despite knowing that they do not have the right to work, the consequences are severe; you could face a five-year criminal prosecution and/or an unlimited fine.
What if my current employee’s leave is about to expire?
As long as your current employee submitted their visa application before it expired, they will be able to continue working under the terms of their current visa while the decision is pending. As a current employer (making a “follow up check”), you have an additional 28 days to conduct an ECS check after the employee’s visa expires, as long as you have evidence that they applied before their leave expired.
Your ECS check must be completed before the 28th day following the visa’s expiration date. It should be noted that this additional “grace period” of 28 days only applies to Right to Work “follow up” checks for current employees.
If a new employee is awaiting a decision on their application or appeal, you must obtain a “PVN” from the Employer Checking Service before hiring them.
What is ECS check?
ECS Check is the name for several online systems that allow clients, contractors, agencies, and others to verify the status of electrotechnical workers.
Conclusion
The Employer Checking Service is a fantastic tool provided by the Home Office that assists HR in ensuring the continuity of existing employees’ employment while they extend or switch visas, as well as helping employers legally hire new employees who are awaiting visa application or appeal decisions.
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