Introduction
In the current UK employment landscape, ensuring that staff have the right to work is more crucial than ever. With the digital transformation of UK immigration systems, most non-UK and non-Irish nationals now use online status checks as the primary method to prove their right to work. The Positive Verification Notice (PVN) has emerged as a critical safeguard for employers when the online system is inaccessible or pending, providing legal assurance that an individual may work in a specific role.
Understanding PVNs and the Employer Checking Service (ECS) is essential for maintaining compliance, avoiding penalties, and managing risk effectively in 2025. This guide explains the PVN process in detail, highlights modern procedures, and clarifies how employers should navigate right-to-work checks in the digital era.
What a positive verification notice actually means
A Positive Verification Notice is an official letter issued by the Home Office confirming that a specific individual has the right to work in the UK. Unlike physical document checks, which are largely obsolete due to the decommissioning of Biometric Residence Permits (BRPs), a PVN is typically issued when an employee cannot generate a digital share code or has a pending immigration application.
A PVN is valid for the employer and role specified in the ECS request, providing protection while allowing the individual to work legally. This notice serves as a statutory excuse, shielding employers from civil penalties in cases where the individual’s status cannot be verified through standard digital means.
Why employers rely on the notice
The PVN is essential because:
- Most non-UK/Irish nationals now rely solely on digital checks to demonstrate work rights.
- Physical BRPs or Biometric Residence Cards (BRCs) are no longer accepted for manual verification.
- Employees may have pending visa applications, administrative reviews, or appeals.
- Digital systems occasionally fail to link records promptly, especially for eVisa holders.
- Employers need protection under the law to continue employing staff while verification is in process.
By using a PVN, businesses can maintain lawful employment relationships even in complex or transitional immigration scenarios.
When the employer checking service should be used
The Employer Checking Service (ECS) is now a tool of last resort. It is intended only for cases where the online share code system cannot confirm right to work or when digital status is inaccessible.
Situations where online right to work checks are not possible
Employers should request an ECS when:
- The employee has submitted an in-time application but cannot generate a digital share code.
- The individual is waiting for a decision on an administrative review or appeal.
- The employee holds a non-digital Certificate of Application (CoA) or an Application Registration Card (ARC).
- An eVisa holder’s record has not yet linked correctly to the digital system.
- The individual has lost access to their digital status.
It is important to note that most BRPs have been decommissioned as of late 2024. As a result, the ECS is now often the only practical way to verify an individual’s right to work when a digital check fails.
Clarification: Frontier Workers should not be included here, as their status is verified exclusively via the online share code system.
How the employer checking service works
The ECS allows employers to request confirmation from the Home Office when standard verification is unavailable. The Home Office accesses internal records to determine whether an individual has valid permission to work, a pending application, or temporary protection under immigration rules.
Information an employer must provide
To submit an ECS request, the employer needs to provide:
- The employee’s full legal name
- Date of birth
- Nationality
- Job title and role
- Employer details (name and address)
- Home Office reference number or case ID, if available
- Evidence of a pending application, appeal, or administrative review
Accurate and consistent information is critical. Mistakes or omissions are the most common cause of delays or refusals.
Eligibility for receiving a positive verification notice
A PVN is issued only when the Home Office can verify that the individual:
- Has a valid right to work based on a pending or existing application.
- Holds a non-digital CoA or ARC that requires confirmation.
- Is in a transitional stage that legally allows them to continue working.
Common scenarios that trigger an ECS request
The ECS is commonly used for employees who:
- Have submitted a Skilled Worker visa extension application before their current visa expires.
- Are switching from a family or partner visa with an in-time application.
- Hold an Innovator Founder or other points-based application pending a digital status update.
- Are appealing a refusal and awaiting a decision.
- Are eVisa holders whose records have not yet linked to the digital system.
In these cases, the ECS ensures compliance while the Home Office verifies work rights internally.
Documents needed for an ecs request
Employers do not upload documents to the ECS system, but they must retain copies of evidence for auditing purposes. This includes:
- Confirmation emails or letters from the Home Office
- Visa application receipts
- Correspondence regarding appeals or administrative reviews
- Any documentation demonstrating an in-time application
Avoiding common administrative mistakes
Common pitfalls include:
- Mismatched names or dates of birth
- Missing Home Office reference numbers
- Duplicate ECS submissions
- Failure to track requests against expiration dates
Key update: For existing employees whose visas are expiring, the 28-day statutory grace period allows work to continue while the ECS request is pending, provided the application was submitted on time. This ensures continuity of employment during verification delays.
How long a positive verification notice is valid
A PVN is usually valid for six months, forming the employer’s statutory excuse for compliance.
What employers must do when the notice expires
Before the PVN expires, employers must complete a follow-up check:
- Use the digital share code system, if now available.
- Submit a new ECS request if the employee’s status is still inaccessible.
- Obtain updated confirmation from the Home Office if the employee’s case is ongoing.
Failure to follow up removes the statutory excuse and could expose the employer to penalties.
Impact of a positive verification notice on employment
A PVN provides employers with legal certainty to hire or continue employing an individual while verification is pending.
Statutory excuse and compliance protection
With a valid PVN, employers:
- Avoid civil penalties for employing someone without a right to work
- Demonstrate that due diligence was exercised
- Maintain auditable records for inspections or compliance checks
- Protect both the business and the employee during pending applications
Reasons an employer may receive a negative or invalid response
A negative ECS outcome occurs when:
- The individual has no record of lawful status
- The application was submitted late or incorrectly
- Appeal rights have lapsed
- Digital records cannot be matched to the employer’s information
How to correct issues after a refusal
Following a negative response, employees may:
- Contact the Home Office to correct errors or update details
- Provide updated evidence of their pending application
- Seek advice from a regulated immigration advisor
Employers cannot continue employment until a valid PVN or digital confirmation is obtained.
Rights of the employee during an ecs check
Employees have the right to:
- Provide accurate information without coercion
- Receive updates regarding the ECS request
- Have their personal data handled securely
data privacy and secure handling of information
Employers must comply with UK GDPR rules, including:
- Limiting access to HR personnel only
- Storing ECS and PVN documentation securely
- Avoiding unnecessary retention or use of personal data
Common misconceptions about right to work verification
In 2025, some misconceptions persist:
- Believing that a physical BRP is still valid for manual checks. (The vast majority are now decommissioned; checks must be digital or ECS.)
- Assuming pending applications always allow work without verification.
- Thinking that previous checks exempt follow-ups.
- Believing that ECS results are immediate, processing can take several days.
Understanding these updates is critical in the post-BRP era.
Best practices for employers to maintain compliance
Employers should:
- Implement a structured right-to-work policy
- Train HR teams on digital-first verification procedures
- Complete initial checks correctly for every hire
- Schedule follow-up checks before PVN expiry
- Keep auditable records for all ECS requests and PVNs
- Avoid relying on verbal confirmations
- Regularly review compliance procedures in line with Home Office guidance
Proactive adherence prevents fines, protects employees, and ensures ongoing legal compliance.
Conclusion
The Positive Verification Notice is a key mechanism for lawful employment in the digital-first UK immigration system. It allows employers to continue hiring staff when online checks fail, bridging the gap during pending applications or technical issues. Maintaining up-to-date procedures, leveraging the ECS appropriately, and following statutory guidance ensures legal protection for both employers and employees.
Lawsentis support for right to work and employer checking service matters
Navigating digital right-to-work verification and ECS requests can be complex. LawSentis offers expert, regulated UK immigration support for employers and individuals, ensuring all right-to-work checks are fully compliant.
If you need professional guidance, book a consultation with LawSentis today to safeguard your hiring processes and receive end-to-end support.