Question to the Home Office:

To ask the Secretary of State for the Home Department, what specific steps her Department is taking to support people with Section 3C leave who are required to provide documentary proof of their immigration status as a condition of an offer of employment.

If an individual is unable to present evidence of their right to work because of an outstanding, in-time Home Office application, employers are advised to contact the Home Office’s Employer Checking Service (ECS). The ECS will confirm from Home Office records if the applicant has lawful status as a result of the outstanding application and issue a Positive Verification Notice (PVN), providing the employer with a statutory excuse against liability for a civil penalty, enabling them to hire or extend the person’s contract. This is an established process that employers will be familiar with.

Published guidance clearly stipulates that employers should provide individuals with every opportunity to demonstrate their right to work and must not discriminate against those with an outstanding, in-time application:

https://www.gov.uk/government/publications/illegal-working-penalties-codes-of-practice-for-employers

https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination