Employer Checking Service (“ECS”) Covid-19

Employers will need to contact the Home Office ECS to establish a statutory excuse if presented with the following:-

A Certificate of Application which is less than 6 months old and wish indicates that work is permitted; or

Application Registration Card stating that the applicant is permitted to work. The Card must be valid.

You have no satisfactory documents and there is an outstanding application submitted to the Home Office before the Applicant’s expiry of leave to remain or appeal/administrative review is in process.

You consider that you have not been provided with any satisfactory document but the individual is a long term resident in the United Kingdom before 1988.

By accessing the ECS you will establish a statutory excuse only if you are issued with a Positive Verification Notice from the Home Office confirming the name of the individual is allowed to carry out the type of work in question. Please retain a copy of this document. https://www.immigrationstatuscheck.service.gov.uk/employers

Conducting a right to work has been adjusted in light of the pandemic. Since 30 March 2020 checks are placed over video calls: request the employee to hold the original document to the camera and check them against the scanned copy received. Employer must record the date checked the document and mark it “adjusted check on [insert date] due to Covid-19”

PLEASE NOTE THAT AFTER COVID-19 MEASURES END, EMPLOYER WOULD BE REQUIRED TO FOLLOW RESTROSPECTIVE RIGHT TO WORK CHECKS AND REDO THE CHECKS FOR THE FOLLOWING:-

Those starting work during Covid-19 era; or those who are required a follow-up right to work check during these times

You should mark the check “individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to Covid-19”.

The retrospective check must be carried out within 8 weeks of the Covid-19 measures ending. Both checks must be retained for the records and personnel file and provided if required during a compliance Home Office audit.