Hi,
I found the following bits from ECS documentation
Link to the document:
https://assets.publishing.service.gov.u ... _guide.pdf
Have you have any experience with that?
1. In-time applications (3C leave) (Page 26)
If you made your Skilled Worker visa application before your current leave expired, your existing immigration permission, including the right to work, continues under Section 3C of the Immigration Act 1971. This extension of leave is automatic and applies while your application is pending.
In your case, since you made the application on 23rd August (before the current visa expired), your right to work continues while your application is being processed, even if you haven’t received a decision yet.
This also covers any appeals or administrative reviews that are pending, ensuring that the individual retains their right to work until a final decision is made
2. When to Contact the Employer Checking Service (ECS) (Pages 24-25)
The ECS is used when an employee cannot provide sufficient proof of their right to work but has an outstanding visa application with the Home Office. In your case, your new employer would need to contact the ECS to verify your right to work using your visa application number.
The ECS will issue a Positive Verification Notice (PVN), which confirms that the individual is allowed to work. This PVN gives the employer a statutory excuse against any potential penalties for employing someone who does not have the legal right to work.
The ECS aims to provide a response within five working days of receiving a valid request.
Your employer can contact the ECS through the Employer Checking Service online tool, which is explained in the document.
3. Outstanding Applications, Appeals, and Administrative Reviews (Page 26)
If your employer queries your right to work due to your pending visa application, they can use the ECS. You, as the employee, must provide information regarding the date you submitted your application, appeal, or administrative review. The ECS will verify this and issue a PVN if appropriate.
Employers are instructed to wait at least 14 calendar days after the visa application has been submitted before making a request to the ECS, as this allows time for the application to be registered with the Home Office(Guidance_Right_to_work_…).
Basically, my employer can confirm my right to work through the Employer Checking Service (ECS) by providing my visa application reference number.
The guidance makes clear that, as long as my visa application is pending and was submitted in time, you are covered under Section 3C leave, which extends my right to work until the Home Office makes a decision.
