Employer checking service taking a long time...

[maisysouris]

I got offered a full time permanent job to start on 1 September. I currently have a student visa, and applied to switch to a skilled worker visa mid-August. I should be able to start work before the decision on the work visa. However, the employer wants to use the employer checking service (ECS) to make sure they can hire me before the visa decision.

They requested a right to work check using the ECS on 23 Aug, and we still haven't heard back (it's been 10 working days). Anyone in the same boat, or know when I could realistically expect a response from them?

[manci]

I got offered a full time permanent job to start on 1 September. I currently have a student visa, and applied to switch to a skilled worker visa mid-August. I should be able to start work before the decision on the work visa.

Incorrect.

You are only allowed to take up the permanent skilled worker job once your application is granted. In the meantime you can only work under the conditions of your student visa (section 3c)

[maisysouris]

But this website (https://www.ukcisa.org.uk/Information-- ... layer-6630) (this overview of the route is specifically tailored to those who have studied in the UK with a Tier 4/Student route visa and who now wish to apply under the Skilled Worker route, either in the UK or in their home country) says:
'If you apply in the UK under the Skilled Worker route, you can normally start work as soon as you have applied. However those who are switching from Tier 4 permission that was granted before 1 October 2019 have slightly different work conditions, and they may need to start work on a temporary basis.

This is found under skilled worker visa - starting work of the page.

[manci]

Also from the same UKCISA website:

It is also possible that your employer may prefer that you wait until the outcome of your Skilled worker application before starting work.

[maisysouris]

I know... but my original question was does anyone recently requested ECS and how long it took?

[manci]

They requested a right to work check using the ECS on 23 Aug, and we still haven't heard back (it's been 10 working days).

the ECS normally only takes around 5 working days. In your case the HO need to check if you satisfied all the conditions (see below) before they will issue a Positive Verification Notice

You are only allowed to take up the permanent skilled worker job once your application is granted.

Correction - the conditions under which you may start work are in immigration rule ST 26.6;

ST 26.6. If a Student has permission and makes an application for permission to stay under the Skilled Worker route, supported by a Certificate of Sponsorship assigned by a licensed sponsor, the Student can start the employment for which the Certificate of Sponsorship was assigned, for up to 3 months prior to the course completion date, provided:
(a) the Student is studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance; and
(b) the application as a Skilled Worker was made when the applicant had permission as a Student; and
(c) a decision has not been made on the Skilled Worker application, or where a decision has been made, any Administrative Review against a refusal has not been finally determined.

[maisysouris]

Thanks for the reply.

So does it mean I don't technically need the Positive check from the ECS to start work? (although my employer may prefer)

I have been waiting for the ECS to come back for 11 working days now, and they are not able to tell me when I could expect to hear back on the phone.

[manci]

So does it mean I don't technically need the Positive check from the ECS to start work? (although my employer may prefer)

If you prove it to the SW sponsor with documents that you satisfied the conditions in ST 26.6 then they may, repeat may, start you in your new job provided they or their lawyers are familiar with the immigration rules. However, this is up to their discretion. They will also be conscious of the fact that the civil penalty for employing someone with no right to work can be up to £20k

I have been waiting for the ECS to come back for 11 working days now, and they are not able to tell me when I could expect to hear back on the phone.

The ECS process is between the sponsor and the HO, your involvement is only to provide a share code (if required)

[Ap22]

I know... but my original question was does anyone recently requested ECS and how long it took?

In our own thread were quite stressed by our situation.
We had a communication in this regard today indicating the 5 day ECS is taking 11 business days and they were currently processing August 31st.

[Tatty]

Hi maisysouris,

Just wondering if you received the reply? How long did you wait for ECS to be completed?

T.