31 Mar When to Contact the Home Office Employer Checking Service to Verify Right to Work
Employers in the UK are legally required to ensure their employees have the right to work in the country. In certain situations, this responsibility becomes more complex, requiring employers to contact the Home Office’s Employer Checking Service (ECS) to verify an individual’s right to work and establish a statutory excuse. [Insert link here: https://www.gov.uk/employee-immigration-employment-status]
A statutory excuse is only established if the ECS issues a Positive Verification Notice (PVN), confirming the individual’s right to carry out the specific type of work. A PVN provides employers with a statutory excuse for six months from the date specified in the notice. The ECS typically responds within five working days of receiving a valid request. Employers must inform the individual that this check is being carried out.
Understanding the relevant immigration rules and timelines is essential to maintaining compliance and avoiding penalties. Below are key scenarios where contacting the ECS may be necessary.
Scenario 1: Outstanding Applications, Appeals, or Administrative Reviews
If an employee or potential employee has an outstanding application, appeal, or administrative review, employers must wait at least 14 calendar days after submission before contacting the ECS. If a PVN is issued, a follow-up check is required after six months to maintain the statutory excuse. This ensures continuous compliance while the individual’s status is being resolved.
For decisions made in the UK, administrative reviews must be submitted within 14 calendar days of the decision notification. The individual’s right to work continues during the review period, which typically lasts 28 calendar days. If the review is submitted late but accepted, the right to work resumes from the date of acceptance, as confirmed by the PVN. Employers must remain vigilant to ensure compliance during this period.
Scenario 2: Employees with Expiring Leave and In-Time Applications (Section 3C Leave)
Under Section 3C of the Immigration Act 1971, individuals who submit an in-time application to extend or vary their leave retain their right to work while their application is pending. For eVisa holders, a share code can be used for an online right-to-work check, providing a statutory excuse for six months. If a share code is unavailable, employers must contact the ECS for verification.
Employers should conduct a right-to-work check or obtain a PVN within 28 days of the visa expiry to ensure compliance. If the employee has an outstanding application, appeal, or review, the statutory excuse continues for up to 28 days after the visa expires, allowing time for a PVN or online check.
Scenario 3: Issues with Acceptable Documents or Technical Problems
If an employee is a non-British or non-Irish citizen and cannot provide acceptable documents, or if there are technical issues verifying their eVisa or digital immigration status, employers may face challenges using the online service. In such cases, contacting the ECS for verification is necessary to maintain compliance and avoid penalties.
Conclusion
Employers must stay informed about the latest immigration rules and timelines to ensure compliance and avoid penalties. By conducting thorough checks, maintaining accurate records, and following these guidelines, employers can protect their organisations while supporting their employees’ right to work in the UK.
Contact Our Immigration Team
For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075
