The Employer Checking Service (ECS) is a service provided by the Home Office for employers who want to verify their right to work. The ECS check helps them to stay compliant with the UK’s immigration laws. On the other hand, this tool enables overseas workers to provide necessary and verified information to their employers.
This service is specifically designed for cases where the applicant cannot provide the usual documentation due to a pending matter. The postponed stuff might be in the form of a visa application or asylum claim. Therefore, this check is a solution to confirm the legal status of employees who may not finalise their administration.
By reading this article, you will have insights into an ECS check. If you are interested in working in Great Britain, you need to follow the necessary procedures. If you are the employer, you have to learn more about how your business can use this scheme to fulfil its legal obligations. Keep reading!
How much is an ECS check in the UK?
You do not need to spend any pence to obtain this service. The UK Home Office stated that there is no fee for using the service to verify employment documents. However, they also indicate that there are situations that may require necessary fees to ensure a financially sustainable immigration system. However, the chance of that issue happening is more likely to be low, even zero.
When you submit a valid ECS check, you should receive a response by email within five working days. This valid request will ensure the employees’ right to work and any work restrictions. If there is a circumstance where the workers have not yet started, the employer will need to delay their start date by the rule of a Positive Verification Note (PVN).
The only disadvantage of this assistance is that there is no “fast track” scheme under any conditions. However, if you have not received any news for more than 28 days, you are welcome to submit feedback to the Home Office. In addition, you could also contact the local Member of Parliament (MP) to ask them to look into the delay.
Fundamentals of the right-to-work permit
In the same way as any work permit, an ECS check is essential for any industry. This evaluation will allow the holder to legally conduct business, operate a company, or work as a personnel. Simply, the purpose is to regulate and oversee the employment of foreign nationals within a specific period.
Moreover, the PVN protects employers from getting fined for hiring someone who is not allowed to work. This protection applies even if the employees’ visa expires during their job. There are some circumstances and situations where a person’s immigration status changes over time, such as:
- Change in employment type: From temporary to a long-term role in the country.
- Marriage to a citizen: It requires the applicant to change their working visa to a spousal visa.
- Progression to permanent residency: Employers who sponsor the worker for a permanent residency visa
- Changes in personal circumstances: Personal matters such as the birth of a child, divorce, or the death of a spouse can have a direct impact on the visa status.
- Seeking asylum: Those who claim protection in the UK for safety reasons are not normally allowed to work while their application is being considered.
In summary, if you are not a citizen of the United Kingdom and you are hoping to work there, then you need to fulfil all the ECS checks. First, you need to send an application to the Home Officer. After the permission is required, you need to fill in all necessary questions, such as personal data, job title, hours worked, home office reference number, Case ID, contract information, and the name of your department.
What happens if an ECS check fails?
Then, the applicant is not able to work officially in the Great Britain. This challenge might also affect the employers who might need to disqualify the candidate regardless of their potential and relevant skills. As a result, the entire hiring process must go back from scratch, and the workforce cannot perform at maximum capacity.
Workers' verification is one of the most crucial practices that a company can adopt to protect itself. Hiring new recruits is always a risk, especially when they come from different countries with different regulations and backgrounds. For safeguard purposes, they must pass the ECS check, but there are factors that might cause a delay. According to the Work Right Centre (WoRC), several problems that they commonly encountered are:
- Employees’ misunderstanding when answering the questions
- Out-of-date information
- Retrospective checks
- Not clear where employers can find applicants’ reference numbers
- Incorrect or incomplete details
- Submitting the request too soon
- Complex immigration issues
- Technical issues in the UK Visas and Immigration (UKVI)
Key situations for using the ECS check
Business proprietorship must use this valid check in certain situations. If they do not conduct the appropriate procedures, they must have a defence against a civil penalty. If employers are “allegedly” employing an illegal worker, they might get fined up to £20,000 per head. Therefore, it is critical to ensure they get it right.
By using the ECS check, employers can get confirmation as well as authorisation on their workers’ reputation. Simply stated, it is a preventative step to avoid unwanted and unnecessary issues for employees. If things have already happened accidentally, then employers should use this verification when the employee:
- Provide a non-digital Certification of Application (CoA)
- Deliver a non-digital acknowledgement letter
- Submit a digital Certification of Application or other relevant documents
- Has an application registration card (ARC) and is permitted to work in a shortage occupation
- Possess an outstanding visa application or appeal, but cannot provide clear proof of their right to work
Conclusion
To put it shortly, employers or HR managers need to understand how to utilise the ECS check. Their service is vital in order to comply fully with the regulations on the prevention of illegal working. When you manage the team, it is important to guarantee the clarity of everyone who is involved, whether it is their work permit, safety, or access to resources.
The College of Contract Management offers you a variety of courses to lead confidently in any workplace. By joining their business and HR courses, you can build an inclusive space where everyone is welcome to show their potential and contribute to the success of the organisation. Register now and avoid any fine messes!
