ECS Check an Employer’s Checking Service Guide

Section A: What is the Employer Checking Service for ECS Checks?

The Employer Checking Service is a Home Office service that employers can use where an individual cannot show an online immigration status or an acceptable physical document. That situation can arise, for example, where the person has an outstanding in-time application, appeal or administrative review and is waiting for a decision, where they hold Home Office documentation that directs the employer to request an ECS check, where technical issues prevent an online share code check from working, or where they are a long-term resident who arrived in the UK before 1988 and have limited evidence of their status. Before turning to ECS, the employer should always consider whether a compliant online, manual or IDSP digital Right to Work check is possible for that individual.

The Employer Checking Service is therefore one of the prescribed ways for an employer to confirm whether a prospective or existing worker has permission to work in the UK and to carry out the role on offer. It is not a general back-up option. ECS is only available where the Home Office guidance says it can be used and where the standard online, manual or digital routes cannot be applied.

In some situations the employer is required to use ECS rather than treating it as a choice. These include cases where a person holds a non-digital Certificate of Application under the EU Settlement Scheme that instructs the employer to ask the Home Office to confirm their right to work, or where they hold an Application Registration Card that states they are permitted to work in restricted roles. In those cases the ECS response confirms whether the person can work and, if so, in what type of role. Employers should follow the wording on the document and the current guidance, rather than relying on historic practice or assumptions about how similar cases were handled in the past.

1. What is a Positive Verification Notice?

Where the Home Office confirms through the Employer Checking Service that an individual has the right to work, it issues a Positive Verification Notice (PVN) to the employer. The PVN records that, based on the information held at the time of the check, the named person has permission to work in the UK and sets out any conditions or restrictions that apply, such as a limit on working hours or a restriction to specific roles.

The PVN needs to be retained by the employer as part of the statutory right to work records. It forms part of the evidence that a check was carried out using a prescribed method and on a particular date. A PVN does not last indefinitely. It gives the employer a time-limited statutory excuse against a civil penalty for a period of six months. Before that six-month period ends, the employer should diarise and conduct a follow-up right to work check, using either another ECS request, an online share code check or a manual or digital check, depending on the individual’s immigration position at that point.

The six-month statutory excuse does not protect employers where they are aware of a potential status change before expiry.

Once an employee’s underlying permission to work in the UK has expired, and they have not submitted an in-time application for further leave, it becomes unlawful to continue to employ them. In that situation, the employer faces exposure to a civil penalty fine for illegal working and also to criminal risk, because the employer will usually be treated as having reasonable cause to believe that the individual no longer has permission to work. The offence of employing someone that an employer knows or has reasonable cause to believe does not have permission to work in the UK or to carry out the role on offer is punishable by up to five years’ imprisonment and an unlimited fine. ECS and PVNs therefore sit at the centre of both compliance and enforcement risk, and employers should treat PVN expiry dates and follow-up checks as core parts of their right to work control framework.

Section B: When to use the Employer Checking Service for an ECS Check

The employer does not need to request an ECS check where the individual is a British or Irish national, or where their immigration status can be confirmed using the standard online service, a compliant manual document check or an IDSP digital check. In those situations the employer should rely on the normal right to work routes rather than asking the Home Office to verify status. The Employer Checking Service is reserved for defined circumstances where those prescribed methods cannot be used and where the guidance indicates that an ECS request is the correct next step.

Employers are expected to check the UKVI Account Troubleshooting Guide first and the ECS can only be used after confirming the issue is not caused by incorrect data entry or an outdated travel document linked to the eVisa.

In practice, ECS checks tend to be relevant where the individual’s immigration position is in flux or where their proof of status is not yet fully reflected in digital systems. It is also used for a narrow group of long-term residents who arrived in the UK before 1988 and have limited documentation, and for some asylum applicants who hold Application Registration Cards. Before turning to ECS, employers should be satisfied that they cannot complete a compliant online, manual or digital right to work check and that one of the ECS trigger scenarios applies to the case in front of them.

Those scenarios include situations where the employer is presented with a non-digital Certificate of Application under the EU Settlement Scheme and is unable to complete an online right to work check using a share code. The detail depends on the date and format of the CoA. For EUSS applications made on or before 30 June 2021, the employer may see non-digital letters or emails confirming receipt of the application. For later applications made on or after 1 July 2021, CoAs are usually digital and linked to a UKVI account, with the wording on the CoA or in the guidance directing the employer either to use the online service or, where that is not possible, to seek verification from the Home Office through ECS.

ECS may also be appropriate where the individual presents a valid Application Registration Card stating that the card-holder is permitted to work and that permission is restricted to roles that match the wording on the card. ARCs issued on or before 3 April 2024 typically limit work to roles on the shortage occupation list, while ARCs issued on or after 4 April 2024 refer to “Permission to Work para 360” and restrict work to roles on the Immigration Salary List. Another scenario arises where the employer is satisfied that no acceptable documents have been provided and is genuinely unable to carry out an online check, for example because the individual is an eVisa holder but there are unresolved technical problems with generating or using a share code.

Employers may also need to use ECS where the employee or applicant has an outstanding in-time application, appeal or administrative review with the Home Office and therefore cannot provide acceptable evidence of their right to work through the usual document or online routes. ECS also plays a role where the individual has other information showing they are a long-term resident who arrived in the UK before 1988 and it is sensible to involve the Home Office and, where appropriate, the Windrush Help Team to clarify their status. In all of these cases, the employer is relying on the Home Office to confirm whether the person has permission to work and whether that permission covers the role on offer.

Where an ECS request is made because an employee has an outstanding application, appeal or administrative review, the employer should wait at least 14 calendar days after the paperwork has been delivered or posted to the Home Office or the appropriate court or tribunal before requesting a check. That period reflects the time it usually takes for most cases to be registered on Home Office systems. During this period, where an employee has submitted a valid in-time application before their previous permission expired, that person’s existing conditions, including their right to work, continue under section 3C of the Immigration Act 1971 while the decision, appeal or review is pending.

For existing staff in that position, the statutory excuse from the original right to work check can continue for up to 28 calendar days after the previous permission expires, as long as there is satisfactory evidence of an in-time application and the employer uses that period to obtain a PVN or online confirmation. For new starters there is no statutory excuse until a compliant right to work check has been carried out, so an ECS request or online check needs to be completed before employment begins. Employers with a sponsored population or a high proportion of time-limited workers should therefore treat ECS usage and section 3C leave as strategic issues that need to be reflected in workforce planning, visa timelines and HR processes.

Section C: How to use the Employer Checking Service

To use the Employer Checking Service in a compliant way, employers first need to be satisfied that an ECS request is appropriate for the individual case. That means checking whether an online, manual or digital right to work check is available and following the guidance on when ECS is permitted. ECS should only be used where the guidance points the employer in that direction, for example because the person has an outstanding in-time application, holds certain EUSS or asylum documents or falls within a long-term resident category. It is good practice to explain to the individual that a check with the Home Office is being requested, why it is needed and how their information will be used, and to note that explanation in the right to work record.

The ECS is accessed through a dedicated online form on GOV.UK rather than through a user account or portal. The employer selects the Employer Checking Service page, uses the “Start now” link and then answers a series of questions designed to confirm whether a check is needed and, if so, what type of case is involved. The process is technically straightforward, but the answers carry compliance consequences because they show the Home Office how the employer understood the individual’s status and which route they decided to follow.

The questions focus on whether the employee or prospective employee holds a passport from the UK or Ireland, other acceptable immigration documents from the Home Office or an immigration status that can be shared digitally to demonstrate a right to work. They also ask whether the person already works for the employer or is a prospective new hire. The form then explores whether the individual has any one of a defined list of immigration positions, such as an outstanding application, appeal or administrative review, an application for a “no time limit” endorsement as someone with indefinite leave, a Certificate of Application issued under the EU Settlement Scheme, an Application Registration Card confirming permission to work, an inability to use the online right to work service because of a genuine technical issue, or evidence of EUSS status in a Crown Dependency or Frontier Worker (FWP) status in the UK. FWP and Crown Dependency statuses are normally share-code based and ECS is only for non-functional cases.

Based on the answers provided, the online service will confirm whether a right to work check can be completed using the usual online service or whether an ECS request is appropriate. Where the form confirms that an ECS check is the correct route, the employer then enters details of the individual and the role they will perform, together with the business details of the organisation requesting the check. The information typically includes the person’s full name, date of birth, nationality, contact details, job title and working hours, as well as the employer’s legal name, business type and contact information.

The individual’s Home Office identifiers are important at this stage. The employee or applicant should provide any reference number that can help locate their record, such as an application reference, a case identification number, a Home Office reference, a passport number or a Biometric Residence Permit number where relevant. The employer enters this information into the ECS form and submits the request. At the end of the process, an email confirmation is generated summarising the information submitted, which should be retained as part of the right to work file alongside any later PVN or NVN.

1. Certificates of Application and the ECS

A Certificate of Application is issued by the Home Office when it receives an application under the EU Settlement Scheme or certain related routes. It can be provided in digital format, linked to the person’s UKVI account, or as a non-digital document such as a letter. The way a CoA interacts with the Employer Checking Service has changed over time, so employers need to follow the current guidance rather than relying on how older cases were handled.

For digital CoAs linked to EUSS applications made on or after 1 July 2021, the starting point is an online right to work check. The employer asks the individual to generate a share code and uses that code, together with the person’s date of birth, to access their status through the online right to work service. In many cases the online system will confirm the person’s right to work and provide a time-limited statutory excuse, removing any need to request an ECS check. In some scenarios the online service will direct the employer to seek verification from the Home Office, in which case an ECS request becomes the correct route.

For non-digital CoAs, the employer should again first consider whether the individual can generate a share code and whether an online check can be completed. Where the wording on the CoA or the Home Office guidance instructs the employer to contact the Employer Checking Service, and an online check is not possible or the online service redirects the employer to ECS, the non-digital CoA can then be used as the basis for an ECS request. The employer should not rely simply on the person’s statement that they have applied to the EUSS. They need to have seen and retained a copy of the original non-digital CoA and any related correspondence as part of the evidence supporting an ECS check and any PVN that follows.

Where a digital CoA exists, the employer should treat the digital version as the primary evidence even if the person shows a non-digital email or PDF.

2. How long does the Employer Checking Service take?

The Employer Checking Service aims to respond to valid requests within five working days. In practice the response is usually emailed to the address given in the ECS form and will either confirm that the individual has the right to work and set out any conditions, or will state that the Home Office cannot confirm the right to work. Where the ECS confirms permission to work, it does so through a Positive Verification Notice. Where ECS cannot confirm permission to work, it will normally issue a Negative Verification Notice or an equivalent “unable to confirm” response.

For prospective employees, the employer should not allow work to start until they have obtained a valid right to work outcome, whether through an online, manual or digital check or, in ECS scenarios, a PVN. Starting a new hire without a valid check exposes the organisation to civil penalty risk if the person is later found to be working illegally. For existing employees with an in-time application, appeal or administrative review, section 3C of the Immigration Act 1971 extends their underlying permission and conditions while the case is pending. In those cases, where the employer has evidence of an in-time application, the continuation of the statutory excuse and the use of ECS during the 28-day period after expiry should be managed in line with the section 3C and follow-up check principles set out earlier in this guide. The 28-day continuation only applies where the original check was valid and the employer holds formal evidence of the in-time application.

If ECS cannot confirm the right to work within the expected timescale, or returns an NVN or “unable to confirm” response, the organisation is no longer protected by a statutory excuse in relation to any future work. Employers should treat those outcomes as triggers for urgent legal and HR review, including checking the accuracy of the information submitted to ECS and considering whether continued employment is sustainable in light of the immigration risk.

3. If the employee has the right to work

If the Employer Checking Service confirms that the individual has the right to work, it will issue a Positive Verification Notice setting out the person’s name, confirmation that they are permitted to work and any restrictions that apply, such as limits on working hours or on the type of work they can do. The PVN may also record the type of underlying immigration permission held, which can be relevant when planning future follow-up checks or assessing sponsorship options.

Under the prescribed right to work procedures, the employer is required to retain a clear record of the check. Copies of the PVN and any supporting evidence submitted, such as the CoA, ARC or application reference, should be stored securely in electronic or paper form and should be accessible for audit or enforcement purposes. The PVN also needs to be logged in whatever tracking system the employer uses so that its six-month expiry date is not overlooked. Record keeping expectations and retention periods are explained in more detail in the ECS records section of this guide.

4. If the employee does not have the right to work

Where the Employer Checking Service cannot confirm permission to work, it will usually issue a Negative Verification Notice or a similar response confirming that there is no evidence of a right to work on Home Office systems. This can happen for a range of reasons, including expiry of previous leave without an in-time application, the lapse of EUSS status, or a curtailment or revocation that has not been reflected in the documents the individual is presenting. From the employer’s perspective, an NVN or “unable to confirm” outcome has a clear meaning. There is no statutory excuse if the organisation employs or continues to employ that person.

For prospective employees, an NVN is normally the point at which an offer cannot proceed. For existing employees, the position is more nuanced because employment law rights, discrimination risks and practical considerations all come into play. The combination of an NVN and knowledge that there is no recorded permission to work creates a significant risk of civil penalties and, in some circumstances, criminal exposure for knowingly employing an illegal worker. Employers in this scenario should take prompt legal advice, review the wider right to work file for any errors in the information submitted to ECS and consider whether a short, paid period of suspension pending clarification is appropriate. Where it becomes clear that there is no permission to work and no realistic prospect of that changing, the organisation will need to move towards termination following a fair and documented process.

5. Employees with expiring leave

Employees with time-limited permission to work sit at the heart of ECS usage because they are more likely to have pending applications, appeals or administrative reviews and to rely on section 3C leave while those processes are underway. When an employee’s visa is approaching expiry, the employer should have a system that flags the date well in advance and prompts a follow-up right to work check before the deadline. In some cases that follow-up will involve viewing a new BRP, carrying out a fresh online check using a share code or reviewing a new digital status. In others, particularly where an application has only recently been submitted close to the expiry date, an ECS check will be the main way to obtain confirmation that the individual continues to have permission to work.

For existing staff who have submitted an in-time application, the statutory excuse from the original right to work check can continue for a limited period after the visa expiry date, provided the employer holds satisfactory evidence of that application and uses the continuation period to obtain an ECS PVN or a satisfactory online right to work confirmation. For new hires, however, there is no statutory excuse until a valid right to work check has been completed. Employers with a sponsored population or a high proportion of time-limited workers should therefore build ECS processes and section 3C leave into workforce planning and HR governance so that right to work risks do not emerge late in the recruitment or extension cycle.

Section D: ECS Checks for Follow-Up Checks

The Employer Checking Service plays a specific role in follow-up right to work checks where an individual’s permission to work is time-limited. A follow-up check is required before the expiry of the person’s current permission. Employers should not rely on assumptions about pending applications or informal updates from the individual. The follow-up check needs to be carried out using one of the prescribed methods: an online share code check, a manual document check, a digital check for eligible British or Irish nationals, or an ECS request where the rules indicate that ECS is the correct route.

Follow-up checks often involve some form of interaction with the ECS, because individuals with expiring leave may have pending in-time applications or appeals. In those cases, the employer needs to understand how the ECS interacts with section 3C leave, the continuation of an individual’s existing immigration conditions while their application is being considered. Where the employer has evidence that the application was submitted before the expiry date, the person’s right to work continues while the Home Office processes the application or until a tribunal determines an appeal or review.

• Identify workers with time-limited permission to work and diarise the expiry date well in advance
• Carry out the follow-up check before the expiry date using the appropriate prescribed method
• Use the online service where a share code can be generated, or request an ECS check only where the guidance confirms that ECS is the correct route
• Record the date the in-time application was submitted and retain the evidence provided by the individual
• Submit an ECS request during the 28-day continuation period where an online check cannot be completed and the employee has evidence of an in-time application

The Home Office will then review the information provided and return one of two outcomes: confirmation that the individual continues to have permission to work or confirmation that no such permission can be found. A Positive Verification Notice gives the employer a statutory excuse for six months, after which a further follow-up check will be needed. A Negative Verification Notice or an “unable to confirm” response means that there is no statutory excuse, and continuing to employ the individual creates civil penalty and potentially criminal risk. Employers should approach these outcomes carefully, reviewing the accuracy of the information submitted and taking legal advice before making decisions about an employee’s continued employment.

The ECS follow-up process is technically straightforward, but the practical risk comes from identifying which employees require a follow-up check and ensuring that checks are carried out before visas expire. Organisations often find that follow-up checks are where systems break down, because responsibility can be unclear between HR, line managers and onboarding teams. Employers benefit from a centralised tracking system that records visa expiry dates, application submission dates, PVN expiry dates and any ECS interactions. This ensures that follow-up checks do not rely on memory or individual vigilance.

For existing employees with evidence of an in-time application, the statutory excuse from the original right to work check can continue for up to 28 calendar days after the expiry of their previous permission. That period is intended to give employers time to obtain a PVN or an online confirmation of continued permission. It does not apply to new hires, and it does not permit work to continue indefinitely without a valid check. If a follow-up ECS check is refused or the Home Office cannot confirm permission to work, employers need to consider immediate next steps, which may include seeking legal advice, carrying out further internal review and, where there is no realistic prospect of a positive outcome, commencing a fair employment law process.

Section E: Retaining ECS Check Records

Record keeping is a central part of right to work compliance. For ECS checks, employers need to keep more than just the Positive Verification Notice. The Home Office expects to see a clear evidential trail showing why ECS was used, what information was submitted, what the Home Office returned and how the employer responded. This becomes particularly important during audits, civil penalty investigations or sponsor compliance reviews; Appendix D sponsor licence rules require ECS evidence and PVNs to be cross-referenced against CoS allocations for sponsored workers. If records are missing or incomplete, the Home Office may conclude that no valid ECS check was carried out, even where the employer genuinely attempted to comply.

The statutory requirement is to retain right to work documents, including PVNs, for the duration of employment and for at least two years after the individual has left. Those records can be kept in any format, provided they are capable of being made available promptly during compliance activity. Employers with larger workforces or a mix of immigration categories often rely on electronic HR systems for storing these documents, but some still maintain secure paper files. Either is acceptable if it is well organised and access is restricted to authorised personnel.

From an ECS perspective, the record should clearly show that an ECS check was completed for the employee or prospective employee and record the date and rationale for using the ECS route. It should also show that a Positive Verification Notice was received and retained in full, including any covering email from the Home Office, and that copies were kept of the supporting documentation relied on for the ECS request, such as a non-digital Certificate of Application, an Application Registration Card, evidence of an in-time application or correspondence directing the employer to use ECS.

Beyond the statutory minimum, employers benefit from a structured approach to storing and reviewing ECS records. This should include a single location for all ECS-related documents, a log of PVN issue and expiry dates, and a system for cross-referencing supporting information such as share code attempts, application submission dates and email confirmations generated during the ECS process. For organisations with a sponsor licence, these records often overlap with sponsor compliance evidence and should be kept in a way that aligns with Appendix D expectations.

Employers should also carry out periodic checks of their ECS records to ensure they remain accurate and complete. Missing PVNs, unlogged expiry dates or gaps in supporting evidence can cause significant difficulty during an audit, particularly where ECS has been used for long-standing employees. Training HR and line managers on what needs to be captured and why helps reduce these risks and ensures that ECS checks sit comfortably within the wider right to work framework.

Failure to comply with the requirement to retain ECS records can lead to a civil penalty, and in some cases it will be treated as an aggravating factor if the Home Office considers enforcement action. A lack of records also weakens the employer’s position when challenging a civil penalty, because the statutory excuse depends entirely on the evidence available at the time of the audit. Employers should therefore approach ECS record keeping with the same level of precision as they apply to online or manual right to work checks, ensuring that their systems preserve the audit trail long after the six-month PVN window has passed.

Section F: Other Types of Right to Work Checks

Right to work compliance relies on employers using the correct checking method for each individual. The Employer Checking Service is only one part of the overall framework and should not be treated as a catch-all solution for cases that feel uncertain or administratively difficult. The Home Office assesses employers on whether they used the prescribed method that applies to the person’s nationality and immigration status. ECS is only appropriate where the guidance specifically permits it. In all other cases, employers should use the standard online, manual or digital checking routes and retain evidence in the prescribed format.

The UK operates three main right to work checking methods, each suited to different categories of workers. Most individuals will fall under either the online or manual check. Digital checks using an Identity Service Provider are limited to British and Irish citizens with valid passports or Irish passport cards. Understanding which route applies avoids unnecessary ECS requests and strengthens an employer’s position if the Home Office investigates a suspected illegal working breach.

a. Online Right to Work Check

The online right to work check is now the default route for individuals with digital immigration status, including eVisa holders, those with settled or pre-settled status and others whose status is maintained in the UKVI digital account system. The individual generates a share code, which the employer uses with their date of birth to view their status through the official online service. In many cases this is the fastest and most reliable method, producing a clear statutory excuse when the employer follows the prescribed steps and retains a copy of the online profile page.

The share code route now also covers some individuals with pending in-time applications. An eVisa holder who has submitted a fresh in-time application may be able to prove their status online while the application is pending. Where the online service confirms a right to work, it gives the employer a six-month statutory excuse, removing the need for a PVN. If the online system redirects the employer to the ECS or if the employee cannot generate a share code due to technical issues, the employer should then consider an ECS request, depending on the nature of the pending application and whether the guidance supports that route.

b. Manual Document-Based Check

Manual checks remain valid for individuals who present acceptable physical documents, such as a British or Irish passport or specific Home Office documentation listed in the employer guidance. The employer needs to examine the original document in the presence of the individual, check that the photograph and biographical details match, and ensure the document is genuine and belongs to the person presenting it. A clear copy of the document must then be retained in a format that cannot be altered. Manual checks continue to generate a statutory excuse provided the employer follows the required steps and keeps the record for the full retention period.

Employers should take particular care with any documents that appear damaged, altered or inconsistent with the individual’s appearance or supporting information. Inconsistencies in names, dates of birth or document histories can undermine the statutory excuse if not addressed at the time of the check. Where the individual presents a document that does not meet the criteria, the employer should not default to ECS unless the guidance expressly allows it. ECS is not a substitute for missing or unacceptable documents in cases where a manual check would ordinarily apply.

c. Digital Check

Digital checks are available where the employer uses an Identity Service Provider (IDSP) with Identity Document Validation Technology to verify the identity of British and Irish citizens who hold a valid passport or Irish passport card. This route can streamline onboarding where it is implemented properly, but employers remain responsible for ensuring that the IDSP provides reports that meet at least a Medium Level of Confidence. The Home Office expects employers to read the IDSP report, confirm that the likeness of the individual matches the passport, and retain the output in the right to work file. An IDSP check that only produces a generic “pass” output, with no clear evidence of what was checked and by whom, does not give a statutory excuse.

Digital checks cannot be used for individuals who are not British or Irish passport holders. For those individuals, the employer must use either the online service or a manual check, depending on their immigration status. If the individual indicates they have an eVisa or digital status, the employer should ask for a share code rather than using ECS. ECS should only be used if the online check cannot be completed and the individual falls within one of the ECS-permitted categories.

d. Employer Checking Service

The Employer Checking Service sits alongside the other right to work routes. It is available when an individual cannot provide an acceptable document or online status and the guidance expressly directs the employer to the Home Office for verification. ECS is not a discretionary alternative to the main methods. It is used in narrow circumstances, such as where the individual has an outstanding in-time application, certain non-digital CoAs, specific types of ARCs or long-term residence cases. Each ECS request creates a detailed audit trail, and employers should therefore use the service only where appropriate and ensure that the information submitted is correct and consistent with the documents on file.

2. How do online right to work checks and the ECS differ?

Online right to work checks allow employers to verify an individual’s status directly using the Home Office’s digital systems. These checks produce an immediate record of the person’s permission to work and generate a statutory excuse when carried out in line with the guidance. Because digital status is increasingly common, the online route is now the primary method for most non-British and non-Irish workers. In contrast, the Employer Checking Service involves a separate request to the Home Office. It is a more formal process, designed for cases where the employer cannot check status independently.

When an employee with a pending in-time application is an eVisa holder, the employer should first ask them to provide a share code. If the online service confirms their ongoing right to work, the employer gains a six-month statutory excuse. If the online service redirects the employer to ECS or the individual cannot generate a share code due to a technical issue, ECS becomes the correct route. ECS then verifies whether the individual continues to have permission to work and issues a PVN if appropriate. The PVN provides a statutory excuse for six months and sets conditions that the employer needs to monitor.

In summary, the online service is usually faster and less administratively heavy, producing immediate confirmation where the person’s immigration status is held in digital form. ECS is used when the employer cannot complete an online or manual check and must ask the Home Office to confirm the person’s status directly. For employers, distinguishing between these routes is important because misuse of ECS or failure to follow the online route when available is treated by the Home Office as a sign of weak or inconsistent right to work practices. Proper sequencing of checks is therefore both a compliance requirement and a practical safeguard against enforcement action.

Section G: Penalties for Non-Compliance

Where the Home Office believes an employer has hired someone without the correct permission to work, it will investigate the organisation’s right to work processes and the specific checks carried out for that individual. The outcome may be a civil penalty, criminal investigation, sponsor licence action or a combination of these. How the organisation responds and the quality of its records often influence both the level of financial penalty and the Home Office’s future view of that employer’s compliance culture.

Right to work penalties increased sharply, and the Home Office applies them per illegal worker rather than per incident. A civil penalty can reach up to £45,000 for a first breach and £60,000 for repeated breaches. Where the breach involves knowing or having reasonable cause to believe that a person does not have permission to work, the matter can move into criminal territory, with exposure to prosecution, an unlimited fine and up to five years’ imprisonment. In addition to these direct consequences, employers with a sponsor licence risk suspension, downgrading or revocation, which can disrupt wider business operations and recruitment.

When a civil penalty notice is issued, the employer has a short time frame to decide how to respond. The decision depends on the merits of the case, the strength of the right to work evidence and any mitigating factors. A well-organised right to work file that includes ECS submissions, PVNs, share code outputs, manual check records and clear audit trails can be decisive when challenging a penalty. Missing documents or inconsistent processes make that challenge significantly harder.

1. Pay the penalty

Some employers choose to pay the penalty, either because the evidence does not support a challenge or because the organisation wishes to close the matter quickly. Paying the penalty brings the enforcement process to an end, but it leaves the breach recorded against the organisation’s Home Office history. That record can have a direct impact on future sponsor licence activity, allocation requests, renewal assessments and any subsequent compliance visits. Employers considering this route should understand both the short-term and long-term implications before making payment.

2. Object to the penalty

An objection is the internal review stage within the Home Office. The organisation sets out the reasons it believes the penalty should be reduced or cancelled. Grounds may include errors in the Home Office’s evidence, proof that a statutory excuse applies, or evidence of mitigating circumstances. The objection must be filed within 28 days of receipt of the penalty notice. The Home Office will then review the objection and issue a decision confirming whether the penalty is upheld, reduced or cancelled. The Home Office also has the authority to increase the penalty if it considers the objection lacks merit or if further adverse information emerges during the review.

Employers should take care with objections. They need to be focused, evidence driven and consistent with all right to work records. Any gaps in the documentation or discrepancies may undermine the objection and weaken the employer’s position if the matter later moves to appeal.

3. Appeal the penalty

If the Home Office upholds the penalty following an objection, the employer may appeal to the County Court. The appeal must be lodged within 28 days of the Home Office’s decision. The court will then consider the case and assess whether the Home Office was wrong to impose or uphold the penalty. The court has the power to cancel the penalty or vary the amount.

Appeals are more formal and can involve a detailed review of the organisation’s right to work systems, training, governance oversight and previous compliance record. Employers should consider the strength of their evidence before appealing and review the full right to work file to ensure there are no gaps that might weaken the case. Legal representation is advisable at this stage to ensure the appeal is prepared and presented effectively.

4. Make changes to prevent illegal working

Regardless of whether a penalty is paid, challenged or appealed, employers should treat the experience as a signal to review their right to work processes. Illegal working allegations often expose deeper problems, such as inconsistent checking practices, lack of central oversight, weak document retention, or reliance on outdated guidance. Addressing these issues demonstrates a genuine commitment to compliance and can reduce the risk of future enforcement action.

• Conducting an immigration audit to identify gaps, high-risk roles and systemic issues
• Reviewing all right to work processes to ensure they match the latest Home Office guidance
• Improving checks on time-limited workers and ensuring that follow-up checks are conducted before permissions expire
• Maintaining complete and secure records for all right to work checks, including PVNs and supporting documents
• Providing targeted training for HR teams and line managers

Employers who make these changes promptly often put themselves in a stronger position in any ongoing discussions with the Home Office and in the eyes of compliance inspectors. A proactive approach also reduces the likelihood of further penalties and helps build a clearer, more reliable right to work framework across the organisation.

Section H: Summary

The Employer Checking Service sits in a narrow, high stakes corner of right to work compliance. It is there for specific situations where you cannot complete an online, manual or digital check and the Home Office guidance tells you to ask UKVI directly. Used in those scenarios and supported by clear records, ECS can give valuable protection through Positive Verification Notices that extend your statutory excuse in defined six-month blocks.

The risk comes when ECS is used as a comfort blanket rather than a targeted tool. Every request tells caseworkers how your organisation understands immigration categories, section 3C leave and the limits of digital status. Poor routing decisions, missed PVN expiry dates and weak ECS records are exactly what drive higher penalty bands and closer sponsor scrutiny. Treating ECS as part of a structured right to work system, with mapped routes, ownership for follow-up checks and audit-ready files, turns it from a source of jeopardy into a controlled safeguard within your wider compliance strategy.

Section I: Need Assistance?

DavidsonMorris’ business immigration lawyers specialise in all aspects of the prevention of illegal working legislation and immigration compliance.

We work with employers to provide guidance on right to work compliance consultancy and training, including auditing and reviewing processes, systems and documents, and delivering training to HR and managers responsible for conducting the checks and maintaining personnel records.

If you are facing a civil penalty, we can help. Challenging a civil penalty is a complex process. We can guide you from the outset, establishing if you have grounds to appeal and building the case to challenge the Home Office’s decision.

Contact us for specialist UK immigration compliance expertise.

Section J: Employer Checking Service FAQs

What is the Employer Checking Service (ECS)?

The Employer Checking Service is a free UK government service that allows employers to verify a worker’s right to work when they cannot provide acceptable documents.

When should an employer use the Employer Checking Service?

Employers should use the service when a job applicant cannot provide the necessary right to work documents but claims they have applied for a visa, EU Settlement Scheme status, or another form of immigration permission that allows them to work.

How does the Employer Checking Service work?

Employers submit an online request with the worker’s details, and UK Visas and Immigration checks their immigration status. If the worker has the right to work, the employer will receive a Positive Verification Notice.

How long does it take to get a response from the Employer Checking Service?

The service typically responds within five working days. Employers must not allow the individual to start working unless they receive confirmation of their right to work.

What is a Positive Verification Notice?

A Positive Verification Notice is a document issued by UK Visas and Immigration confirming that a worker has the right to work in the UK. Employers must keep this document on file as proof of compliance.

What happens if the Employer Checking Service cannot confirm a worker’s status?

If the service cannot verify the worker’s right to work, the employer must not employ them. Hiring someone without proper documentation can lead to civil penalties.

Does using the Employer Checking Service protect employers from penalties?

If an employer receives a Positive Verification Notice and follows the correct procedures, they will have a statutory excuse against civil penalties if the worker is later found to be working illegally.

Can an employer rely on a share code instead of using the Employer Checking Service?

If a worker has an online eVisa or digital immigration status, they can generate a share code through the UK Visas and Immigration online system. Employers can use this code to check their right to work without using the Employer Checking Service.

What are the consequences of hiring someone without the correct right to work checks?

Employers can face civil penalties of up to £60,000 per illegal worker, loss of their sponsor licence, and even criminal prosecution in serious cases.

Where can employers access the Employer Checking Service?

The Employer Checking Service can be accessed via the official GOV.UK website.

Section K: Glossary

Section L: Additional Resources & Links