The Employer checking service (ECS) is a dedicated Home Office mechanism available to employers for verifying an individual’s right to work, but only in specific, limited situations. It is not a general substitute for the standard right-to-work check routes. Understanding when and how to use the ECS is essential for employers, HR teams, and compliance personnel to maintain a statutory excuse against civil penalties for illegal working.
The outcome of an ECS check is typically either a positive verification notice (PVN), which grants a statutory excuse for six months, or a negative verification notice (NVN) or similar “unable to confirm” response, which provides no statutory excuse and indicates a significant illegal working risk if employment continues.
What the employer checking service is used for
The ECS is one of the prescribed ways for an employer to confirm an individual’s permission to work in the UK. Crucially, it is not a general back-up option. The ECS is reserved for cases where the standard online check (using a share code) or a compliant manual/digital check (using acceptable documents) cannot be performed, and the Home Office guidance specifically directs the employer to use the service.
The primary situations requiring an ECS check arise when an individual:
- Has an outstanding in-time application (or pending appeal/administrative review) for further leave to remain and is waiting for a decision.
- Holds certain types of non-digital Home Office documentation that explicitly instruct the employer to request an ECS check (e.g., specific certificates of application or application registration cards).
- Is a long-term resident who arrived before 1988 and has limited documentation of their status.
- Is an eVisa holder experiencing genuine and unresolved technical problems with the online share code service.
Note: Before proceeding with an ECS request, the employer must always be satisfied that a compliant online, manual, or IDSP digital check is not possible for the individual.
Certificates of application and application registration cards
The ECS is required for checks involving certain Home Office documents:
Certificates of application (CoAs)
- Non-digital CoAs under the EU Settlement Scheme (EUSS) issued for applications made on or before 30 June 2021 may instruct the employer to seek verification via ECS if an online check is impossible.
- For applications made after 30 June 2021, the online check is the primary check route, and ECS is only used if the online service directs it or in case of a technical problem (in line with GOV.UK guidance).
- It is important to note that most EUSS applications are now digital, so paper CoAs are relatively rare.
Application registration cards (ARCs)
- ARCs are issued to asylum seekers.
- Where an ARC states the holder can work, the permission may be restricted.
- ARCs issued since the April 2024 rules change may impose role or salary-based restrictions, such as limiting work to roles on the Immigration Salary List.
- Employers must check the ARC wording and follow the Home Office guidance on permission to work to understand any restrictions. ECS can then confirm the individual’s right to work and any applicable conditions.
Obtaining a positive verification notice (PVN)
When the Home Office confirms an individual’s right to work through the ECS, it issues a positive verification notice (PVN).
PVN content and statutory excuse
- The PVN is a formal record that, based on information held at the time, the named person has permission to work.
- It must also set out any conditions or restrictions that apply, such as limits on working hours or restricted job roles.
- The PVN is a critical document that must be retained as part of the statutory right-to-work records.
- It grants the employer a time-limited statutory excuse against a civil penalty for a period of six months.
Follow-up checks and expiry
- The PVN expiry date must be logged and diarised.
- Before the six-month period ends, the employer must conduct a follow-up right-to-work check.
- This subsequent check will use the appropriate method, another ECS request, an online check, or a manual/digital check—depending on the individual’s immigration status at that time.
- If an employee’s underlying permission expires and they have not submitted a valid, in-time application for further leave, continued employment becomes unlawful.
- Failure to conduct follow-up checks exposes the employer to the risk of a civil penalty and potential criminal prosecution for employing someone known or reasonably believed to be working illegally.
When to use the employer checking service
The ECS is not for general use. Employers must rely on the normal right-to-work routes (online, manual, digital) unless a specific ECS trigger scenario applies and they are satisfied that a compliant check cannot be completed otherwise.
Primary scenarios requiring an ECS check include:
- Presenting a non-digital CoA or related correspondence confirming an EUSS application, where an online check is impossible or the documents direct the employer to ECS.
- Presenting a valid ARC stating they are permitted to work in the specific role.
- Being an eVisa holder where there are genuine, unresolved technical issues preventing an online share code check.
- Presenting evidence of an outstanding in-time application, appeal, or administrative review for permission to remain.
- Presenting information indicating they are a long-term resident who arrived before 1988, necessitating Home Office clarification.
Clarification on the 14-day waiting period
- Where an employee has an outstanding application, appeal, or administrative review, practitioners and Home Office guidance recommend waiting at least 14 calendar days after the relevant paperwork has been delivered or posted to the Home Office or the appropriate court or tribunal before submitting an ECS request.
- This practical guidance increases the likelihood that the case is already registered on Home Office systems, allowing the ECS to process the request effectively.
Timing for in-time applications and section 3C
- Under Section 3C of the Immigration Act 1971, an employee who submitted an in-time application before their previous permission expired has their existing conditions (including the right to work) continued while the case is pending.
- For existing staff, the statutory excuse from the original check can be extended for up to 28 calendar days after the previous permission expires, provided the employer uses that period to obtain a PVN or online confirmation.
- For new starters, there is no statutory excuse until a compliant check (PVN or online) is completed before employment begins.
How to use the employer checking service
The ECS is accessed through a dedicated online form on GOV.UK. Employers must first confirm that an ECS check is appropriate by answering a series of questions.
Submitting the request
- Justification: Ensure that an ECS request is necessary and appropriate based on the individual’s situation and Home Office guidance. It is good practice to inform the individual.
- Online form: Access the dedicated GOV.UK ECS page and answer the preliminary questions to confirm the need for a check.
- Information input: If ECS is confirmed as the correct route, enter details of the individual and the role, along with the business’s contact information.
- Individual details: Full name, date of birth, nationality, job title, and working hours.
- Home Office identifiers: Application reference, case ID, Home Office reference, passport number, or Biometric Residence Permit (BRP) number should be provided.
- Submission and confirmation: Submit the form and retain the email confirmation summarising the submitted information.
Processing time and outcomes
- The Home Office aims to respond to valid requests within five working days, though response times may vary.
- The response is emailed and will result in either:
- PVN: Confirms the right to work and provides a six-month statutory excuse.
- NVN/“Unable to confirm”: States that the Home Office cannot confirm the right to work, meaning no statutory excuse exists. Employers must treat an NVN as a high-risk outcome and take immediate HR and legal steps to review the position. Continuing employment constitutes illegal working.
For prospective employees, work cannot start until a PVN or other valid check outcome is obtained.
Summary:
The Employer checking service (ECS) is a Home Office tool for employers to verify an individual’s right to work in the UK, but it is only used in specific, limited situations. It is not a general substitute for online or manual checks. ECS is typically required when an individual has non-digital Home Office documents (such as certificates of application or application registration cards), an outstanding in-time application, or technical issues with eVisa online checks, or for certain long-term residents pre-1988.
The ECS can result in either a positive verification notice (PVN), granting a six-month statutory excuse against civil penalties, or a negative verification notice (NVN)/unable to confirm, which provides no statutory excuse and signals a risk of illegal working. Employers must retain records, monitor PVN expiry, and conduct follow-up checks to maintain compliance.
Using ECS correctly is critical to avoiding civil penalties of up to £60,000 per worker and criminal liability under the Immigration, Asylum and Nationality Act 2006. Organizations achieving Lawsantis ensure robust processes for checking, documenting, and managing employee right-to-work status, reducing risk and demonstrating full compliance during audits.
If you need assistance with right-to-work checks, verifying employee immigration status, or navigating the Employer Checking Service, LawSentis is here to help. Our UK-based, IAA-regulated team provides expert guidance to ensure your business remains fully compliant with all Home Office requirements, avoids civil and criminal penalties, and manages follow-up checks efficiently. Contact LawSentis today to discuss your right-to-work obligations and secure tailored support for your organisation.