What Is an ECS Check?
The Employer Checking Service (ECS) is a free service provided by the UK Home Office that allows employers to confirm whether an individual has the right to work in the UK.
It is specifically designed for cases where a job applicant or employee cannot present standard right-to-work documentation, such as a biometric residence permit or immigration status share code. This might happen if the person has a pending visa application, appeal, or asylum claim.
An ECS check provides legal protection to employers, helping them comply with UK immigration laws and avoid penalties for employing someone without proper authorization.
When Should Employers Use the ECS Check?
Employers should use the ECS check in situations where the employee or applicant cannot provide valid proof of their right to work due to:
- Pending visa application: The worker has applied to extend or change their visa and is waiting for a decision.
- Visa appeal or administrative review: The worker is challenging a visa refusal and their case is still under review.
- Asylum claim: The worker has claimed asylum and is awaiting a decision.
- Lost or stolen documents: The worker’s visa, residence permit, or other immigration documentation has been lost, stolen, or damaged.
Using ECS ensures employers are not hiring someone unlawfully while the individual’s immigration status is being verified.
Eligibility and Requirements for an ECS Check
Employers can request an ECS check if:
- There’s a valid reason for verification, such as a pending Home Office application, appeal, or document loss.
- The employer has completed standard right-to-work checks but cannot verify status using usual documentation.
- The employee consents to the check, allowing the employer to share their personal details with the Home Office.
Sponsor Licence and ECS Checks
While an ECS check can be conducted independently of a sponsor licence, employers who hire foreign nationals under sponsored work routes (e.g., Skilled Worker visa) must also hold a valid sponsor licence and comply with Home Office reporting duties.
How to Perform an ECS Check
The ECS check is completed online through the official UK Government website. Employers must fill in specific details about the individual and submit the form for verification.
Step-by-Step Process
- Access the ECS Online Form
Go to the official UK Government portal for the Employer Checking Service. - Enter the Employee’s Details
Provide the worker’s:- Full name
- Date of birth
- Nationality
- Reason for the ECS request (e.g., visa pending, appeal in progress)
- Provide Additional Case Information
If available, include reference numbers such as:- Home Office application number
- Case ID (for asylum or appeal cases)
- Immigration Health and Care Worker reference, if applicable
- Submit the Form
Review and submit the ECS request online. The Home Office will review the details and confirm the person’s work eligibility. - Receive a Positive Verification Notice (PVN)
The Home Office will usually respond within five working days with a Positive Verification Notice (PVN) if the individual has permission to work.
Employers should save or print the PVN as part of their right-to-work compliance records.
Understanding the Positive Verification Notice (PVN)
A Positive Verification Notice is an official confirmation from the Home Office that an individual is allowed to work in the UK.
Key Points About PVNs
- Legal Authorization: A PVN protects employers from penalties for employing someone without standard documentation.
- Validity Period: PVNs are valid for six months from the date of issue.
- Follow-Up Checks: If the employee’s visa is still under review after six months, employers must perform a new ECS check before the PVN expires.
Employers should retain a copy of the PVN in the employee’s personnel file as evidence of compliance.
Important Points About ECS Check Compliance
Employers have a legal duty to ensure all staff — regardless of nationality — have the right to work in the UK.
Here’s what you must know about compliance:
- Right-to-Work Obligations: You must check every employee’s right to work before they start employment.
- Record Keeping: Keep clear records of ECS checks, PVNs, and any documents provided by the employee.
- Re-Verification: Conduct follow-up checks if the employee’s permission to work is time-limited or their PVN is due to expire.
- Penalties for Non-Compliance: Hiring someone without proper right-to-work verification can result in civil penalties up to £20,000 per employee and potential criminal prosecution.
Maintaining ECS compliance ensures that employers remain fully protected under UK immigration law.
ECS Check Processing Time and Cost
- Processing Time: Typically within 5 working days of submission.
- Cost: ECS checks are free of charge.
- Urgent Processing: The Home Office does not offer expedited ECS services, so employers should apply early if an employee’s documentation is pending.
Frequently Asked Questions (FAQs)
1. Is an ECS check required for all foreign workers?
No. ECS checks are only required when an individual cannot provide standard right-to-work documents, such as a biometric residence permit or digital share code.
2. How long is a Positive Verification Notice valid?
A PVN is valid for six months. After that, employers must perform a follow-up ECS check if the employee’s application is still pending.
3. Can I hire someone with only a PVN?
Yes. A valid PVN serves as legal proof of the individual’s right to work, and employers may hire them based on this confirmation.
4. What happens if I don’t perform an ECS check when needed?
Employers who hire workers without verifying their right to work risk civil penalties, criminal charges, or loss of their sponsor licence.
5. How long does an ECS check take?
It usually takes up to five business days, but complex cases may take longer depending on Home Office workloads.
6. Can I perform an ECS check without employee consent?
No. Employers generally need employee consent before submitting their personal details to the Home Office for verification.
Conclusion
The Employer Checking Service (ECS) is a vital compliance tool for UK employers hiring individuals who cannot present standard right-to-work documents. By conducting ECS checks and retaining Positive Verification Notices, employers ensure compliance with UK immigration law while protecting themselves from potential fines or legal action.
Following the correct process — and keeping detailed records — ensures your business remains compliant, transparent, and legally protected when employing foreign nationals.
For fixed-fee legal help with your case,
contact Martin Taggart — your trusted UK legal partner.