Delayed ECS - loss of employment

Hello

I am awaiting a response on my ILR application (4 month in waiting so far).
Now when my spouse visa expired 2 months back, my employer did an ECS check.
The first one was requested 05.Oct - no response from HO.
The second one 02.Nov - still no response.

I work for the NHS, and they have suspended me for 2 weeks.
At the end of 2 weeks, if they do not hear back on the ECS I might loose my employment which will put huge financial pressure on me as I have a family to feed.

I have written to my MP, written to two HO addresses - complaints@homeoffice.gov.uk & public.enquiries@homeoffice.gov.uk.
Is there anything else I can do?
Do ECS checks take this long - I thought it tales 2/5 working days?
My case is clear cut - applied for the ILR well before my spouse visa expired. So not expecting a -ve result, but do I need to be concerned given the time HO is taking?

Any response, very grateful.

Thanks!

Are you certain that your NHS employer has done the ECS check correctly? The response is not supposed to take longer than 5 working days. In particular, have they asked you for your permission to do the ECS check and have you given them your home address and a HO reference number such as, for example, the reference No of your ILR application?

Thanks for the response, @manci.
So initially HR was asking me to show proof of my right to work in the country.
Given my ILR application is ongoing and my spouse visa had expired, I called the UKVI helpline whose recommendation was that my employer run an ECS check on me.
That's when I provided my UKVI reference number to HR letting them know UKVI's recommendation; they already have my address details.

So I am hoping HR knows what it's doing and have ran the correct procedures for the check.
Beyond that, not sure if there is anything else I can do.

Try this:
https://www.gov.uk/prove-right-to-work

Hi.

I know someone had the same problem with one of NHS employer. She gave her employer the Unique Application Number (UAN) and she was assured that the ECS was done. After a few weeks and numerous phone calls. Someone told him “it was not sent properly”. Then someone did it and the employer received response from the HO.

So, it worth to ask your employer for a prove that it was sent to the HO.

manci wrote: ↑

Thu Nov 11, 2021 11:02 am

Try this:
https://www.gov.uk/prove-right-to-work

Hi.

I have not received any update/decision regarding my visa extension application.
Do you know if it is okay to use the link to check if there is any decision made?

Thanks

Thanks manci & JimmyR for your support!
Yes we tried that link, in fact we tried that link while on the phone with the UKVI helpline.
It could not find my application. I was told that it works for people applying from the EEA settlement scheme.

Now for the ILR, I have a UAN & a UKVI reference number (given to you when you pay the ILR fees). Its the UKVI reference number that I gave to my employer. Are you suggesting that the ECS should be done via the UAN?

by refere nce to the HO website

https://www.gov.uk/employee-immigration-employment-status

Please provide a reference number relating to their Home Office records
For example, not an exhaustive list, any of the following:

a Home Office application reference number
BRP document
passport number (current or expired)
Any tracking reference number

The UAN number is the reference for the application

yootek wrote: ↑

Thu Nov 11, 2021 7:40 pm

Thanks manci & JimmyR for your support!
Yes we tried that link, in fact we tried that link while on the phone with the UKVI helpline.
It could not find my application. I was told that it works for people applying from the EEA settlement scheme.

Now for the ILR, I have a UAN & a UKVI reference number (given to you when you pay the ILR fees). Its the UKVI reference number that I gave to my employer. Are you suggesting that the ECS should be done via the UAN?

I have done ECS twice now, different employers. They requested for the UAN.
One of them, HO sent this request to my employer(I can’t post the all email) “ the recorded delivery number or Unique Application Number (UAN)”.
Also, my friend was done through UAN.

I’m not sure about UKVI reference number.

Thanks, JimmyR.
In the absence of any guidance from the HR, we gave them the UKVI reference number.

After reading your post, we will provide the UAN to the HR, and ask them for another ECS check.
I am hoping multiple requests for ECS for the same individual does not have any negative implications.

yootek wrote: ↑

Sun Nov 14, 2021 5:01 pm

Thanks, JimmyR.
In the absence of any guidance from the HR, we gave them the UKVI reference number.

After reading your post, we will provide the UAN to the HR, and ask them for another ECS check.
I am hoping multiple requests for ECS for the same individual does not have any negative implications.

No it does not have

Hello Everyone

I finally received my positive ECS check last week - 42 days after the request was sent out.
Not sure if this all happened as part of delayed turnaround time or if me emailing my MP & the Home Office had anything to do with it.

But it's a relief and not sure if I can ever claim the loss of income and stability as a result of this.

My thanks to everyone who had replied to this discussion - for all your support and ideas.

Regards
yootek

Hello Everyone

I finally received my positive ECS check last week - 42 days after the request was sent out.
Not sure if this all happened as part of delayed turnaround time or if me emailing my MP & the Home Office had anything to do with it.

But it's a relief and not sure if I can ever claim the loss of income and stability as a result of this.

My thanks to everyone who had replied to this discussion - for all your support and ideas.

Regards
yootek