staff immigration team tier 2 sponsorship a comprehensive guide for departments and colleges may...

Staff Immigration Team

Tier 2 SponsorshipA comprehensive guide for departments and colleges

May 2015

Staff ImmigrationTeam


Staff Immigration Team James Baker – Staff Immigration Team LeaderTel: (2)89908 / email [email protected]

Natalie Goldsmith – Staff Immigration OfficerTel: (2)89912 / email [email protected]

Tim Currie – Staff Immigration OfficerTel: (2)89903 / email [email protected]

Staff Immigration AssistantTel: (2)89904Humanities / MPLS / Colleges A – P

Lisa Crook – Staff Immigration AssistantTel: (2)89919 / email [email protected] Medical Sciences / Social Sciences / Colleges Q – W

David Richardson – Staff Immigration Admin AssistantTel: (2)89926 / email [email protected]

Website: http://www.admin.ox.ac.uk/personnel/permits/

mailto:[email protected]





http://www.admin.ox.ac.uk/personnel/permits/


What we do• Advise departments, colleges and migrants on Tier 2 and

Tier 5 process and requirements.• Process Tier 2 and Tier 5 Certificate of Sponsorship

applications. • Process Tier 2 and Tier 5 leave to remain applications on

behalf of migrants. • Hold all data for Tier 2 and Tier 5 migrants centrally. • Advise departments and colleges on right to work in the UK. • Manage complex cases and matters of non-compliance with

external legal input where necessary. • Provide regular training on Tier 2, Tier 5, right to work and

visitors. • Report to the Audit and Scrutiny Committee on immigration

and right to work compliance. • Represent the collegiate University’s comments and

concerns with immigration policy to the Home Office.


Current news


Contents of today’s session• Compliance

• The Points-Based System and Tier 2 overview

• Recruitment

• Certificate of Sponsorship application

• Visa application

• Migrant’s arrival in the UK

• Changes during employment

• Visa extensions

• Changing employment

• Croatian nationals

• Visa restrictions and conditions

• Application fees


Compliance• Home Office rules are complex, onerous and inflexible…

but compliance is mandatory.

• Oxford have a good relationship with the Home Office and have lobbied successfully in the past for key changes.

• Consequences of non-compliance with Home Office rules:• Down-grading of the University’s sponsor licence to a B rating - would

not be able to sponsor new migrants from overseas• Withdrawal of the sponsor licence - all sponsored migrants would

have to leave the University and the UK• Up to £20,000 fine for each illegal migrant• Up to 2 year prison sentence and/or an unlimited fine if illegal

migrant workers are employed knowingly

A breach of Home Office requirements from a single college or department (including those who do not have any Tier 2 or Tier 5

sponsored migrants) may result in serious consequences for entire Collegiate University.


Points-Based SystemTier 1

• Exceptional Talent (people with exceptional talent/emerging exceptional talent)• Graduate Entrepreneur (graduate with credible business idea)• Entrepreneur (those who wish to set up business in the UK)

Tier 2

• General (sponsored skilled workers with a job offer)

Tier 3

• Route closed

Tier 4

• Students (managed by Student Information and Advisory Service)

Tier 5

• Government Authorised Exchange (supernumerary researchers, lecturers, external examiners)• Youth Mobility Scheme (for people under 31 from qualifying countries)


Tier 2 sponsored migrants• Nationals of non-EEA countries who require a

visa to work in the UK

• Fill a vacancy advertised to meet Home Office RLMT requirements/ named researcher on a grant

• Hold University/college contract of employment

• Paid via University/college payroll


Tier 2 process

Stage 1: Recruitment

Stage 2: Arrival in UK

Vacancy and RLMT

Interview and

selection

COS application

Visa application

Arrival in the UK

During and end of

sponsorship

Stage 3: During & end

Data to be sent at each stage to be held centrally by SIT

Stage 1: recruitment – using COS formStage 2: arrival in UK – using Arrival formStage 3: during/end of employment – using Changes/leaver form


STAGE 1: RESIDENT LABOUR MARKET TEST AND

RECRUITMENT


Vacancy and Resident Labour Market Test (RLMT)Do you need to meet RLMT requirements?

Exemptions from the need to meet the Home Office’s RLMT requirements:

• Researchers named on an external grant

• Annual salary over £155,300

• Tier 2 extensions

• Students/Tier 4 switching into Tier 2

• Switching from Tier 1 Graduate Entrepreneur


Vacancy and RLMTMinimum salary requirements – is the post eligible for a Tier 2 COS?

• Salary below £20,800 pa. – not eligible• Academic/ research posts are usually eligible –

advertise to meet RLMT requirements• Other posts (e.g. admin, IT) – check post and salary

criteria in “Codes of Practice” or contact SIT• Codes of Practice list all posts which may be eligible

for Tier 2 and min. salary requirements (note different salary thresholds for ‘new entrants’ and ‘experienced workers’)

• https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators

https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators





Vacancy and RLMTDoes the post meet the minimum salary requirement?

• New Entrant:• Switching from Tier 1 (Post-study Work) or Tier 4 under

the post-study provisions and; • Aged 25 or under on the date of their Tier 2 visa

application.• Not classed as new entrant if applying to extend total

stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month

• Experienced Workers:• Anyone not switching into Tier 2 under the post-study

provisions and aged 26 or over on the date of their Tier 2 visa application;

• Anyone wishing to extend their total stay in Tier 2 and/or as a work permit holder beyond 3 years and 1 month.


Vacancy and RLMTAdvert timescales

• Minimum 28 calendar day advertising period (may be split into two periods – each period no less than one week)

• Academic/research posts – max. 12 months between date of advertising and date COS issued

• Other posts (e.g. admin/ IT) – max 6 months between date of advertising and date COS issued

Where to advertise

• Adverts placed in two acceptable places:o Academic/research posts and posts with annual salary above

£72,500 – University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster)

o Other (e.g. admin/IT) – Universal Jobmatch (compulsory) and University website, jobs.ac.uk, national newspaper, professional journal, recruitment website (e.g. monster)


Vacancy and RLMT

Website • Online version of a newspaper or professional journal • Website of a prominent professional or recruitment organisation,

which does not charge a fee to jobseekers• Employers own website under certain strict conditions (the University

of Oxford’s main recruitment website is acceptable)

Professional journal • Available nationally through retail outlets or through subscription,• Published at least once a month, and• Related to the nature of the job

Newspaper (rarely used at Oxford)• Marketed throughout the UK or where the job is located, and• Published at least once a week.


Vacancy and RLMTSeven things which must be included in an advert:• Job title (must match contract and COS, and be

consistent across all adverts)• Main duties and responsibilities• Location of the job • Salary range/package, and the terms on offer (e.g.

guaranteed allowances, fixed term conditions etc.)• Note exception for use of “competitive salary”

• Skills and experience needed • Qualification required • Closing date for applications

NB – Include a link to the Further Particulars in all adverts.


How to quote salary in adverts

Choose one of the following options:

1. Put the whole salary range, consider whether it is necessary to include the discretionary range depending on post type and market rates2. Put in “from” and state the bottom of the range – and go to SAP when the actual salary is known if above the range 3. Put in “Competitive Salary” – but only where Division/SAP have given approval before the advertisement is placed

The use of “competitive salary” is expected to be rare.


Vacancy and RLMT

Record-keeping

• Print advert on first day it appears

• Print out must show:• Advert content (seven key details)• Name and logo of host website/publication• URL• Date of printing• Vacancy reference number

• Retain copies in case advert is required for Tier 2 COS application


Activity 1

Job advert - spot the mistakes

Time – 5 minutes


Interview and selection • Academic and research posts – best person may be

selected• All other posts – EEA national/settled worker must

be selected if they meet selection criteria (even if a migrant worker better meets the criteria).

• Selection panel complete Recruitment Decision Summary Grid (one per post)

• Reasons for refusal must refer directly to selection criteria

• Departments and colleges responsible for quality of information

• Online Recruitment and Selection course http://www.learning.ox.ac.uk/seminar_desc.php?cat=az&ls=&cc=PER/REC/ONLI&page=3&id

http://www.learning.ox.ac.uk/seminar_desc.php?cat=az&ls=&cc=PER/REC/ONLI&page=3&id




Recruitment Decision Summary GridShortliste

d candidate name

Offer?

Y/N

Summary of selection panel’s reason for decision by reference to selection criteria

JAMES BROWN

N Very few publications and in unrelated area. Limited experience in cell/tissue culture.

PIERRE BLANC

N Limited experience in cell/tissue culture. Approx. 8 months from completing PhD.

JIN LIU Y High level of experience In cell/tissue culture. Excellent evidence of contribution of ideas for new projects. Excellent publication record.

KAREN JONES

N High level of experience In cell/tissue culture. Good evidence of contribution of ideas for new projects but less so than selected candidate. Excellent publication record.


Tier 2 points criteria

Points criteria

Requirement Points

Valid Certificate of Sponsorship issued by the University’s SIT. 30

Salary meets the minimum the rate detailed in the appropriate Code of Practice for a ‘new entrant’ or ‘experienced worker’, or £20,800 per annum, whichever is higher.

20

Maintenance*: either (a) the equivalent of £945 of personal savings held for at least 90 days prior to the date of the visa application, plus additional savings (£630) for each accompanying dependant, or, (b) confirmation from the employing department/college that it will if necessary maintain and accommodate the migrant to a minimum value of £945 (and accompanying dependants to a minimum value of £630 each, if required) during the first month of employment.

10

English language: (a) national of an English-speaking country as defined by the HO, or (b) has studied for a degree via the medium of English, or (c) has passed a HO approved English language test.

10

*Given the introduction of the NHS Surcharge, the default position is that all COS applications will be issued with maintenance certified by the department for the main applicant and dependants


COS applicationA COS is a Home Office database record which shows details of the post the migrant will be filling

In-country applicants:• The University hold an allocation of COS which can be issued

at any time without prior approval from Home Office

Overseas applicants:• The University must apply to the Home Office for a COS on a

case-by-case basis • Applications to the Home Office are made monthly by SIT-

deadline 29th of the month to be considered by Home Office early the following month


COS application• Apply approx. 3 months before start date / visa expiry date

• Late submission/ issues = possible delay in start date

• Submit applications and documents electronically

• Put supporting documents in one folder – password protect the folder using 7Zip

• Email applications to Staff Immigration Assistant – mark as confidential


COS application form• Eligibility – note 12 month ‘cooling off’ period• Points criteria – 70 points required• Maintenance – default position = certified by department or

college (including dependents)• Passport info - must be passport that will be used for visa

application• Contact details – in country in which the migrant will apply for

their visa• ID numbers – NI number, national ID card number etc. • Employment details – start date, end date, salary, job

description etc.• Recruitment – details of advertising • Record-keeping and reporting declaration• List of supporting documents – note naming conventions• Payment – account code to cross charge application fee to.

Colleges to pay by cheque• Declaration – to be completed by key contact/ responsible

person delegated by key contact


Activity 2

COS application - spot the mistakes

Time – 5 minutes


Visa/leave to remain application • SIT issue COS to migrant (both overseas and in-country) by email with

details on how to apply for their visa. Email copied to department/college HR contact

• Advise migrants to apply as soon as possible – to avoid delay in start date• Must apply no later than three months after COS is issued (COS expires

after three months)

Overseas applicants (visa):• Application process varies slightly from country to country• Online applications in most countries – supporting documents sent to follow• Supporting documents – evidence of meeting maintenance and English

language point requirements, passport, photographs etc. • Applicant must pay NHS Surcharge and application fee• Must give biometric details (fingerprints and photographs) at Biometric

Enrolment Centre as part of the application process• May be subject to “genuineness test”• Tuberculosis testing for nationals of some countries• Priority service available in some countries – premium fee• Must notify department/college if start date cannot be met for any reason

(department/college must notify SIT immediately)• May be issued with one month visa and be required to collect Biometric

Residence Permit when arrive in UK – more info later


Visa/leave to remain application In-country applicants (leave to remain):• Applications must be made online• Applicants can save a PDF version of online application to be

checked by SIT before submission• Applicant to pay NHS Surcharge and application fee• Applicant required to send supporting documents to Home

Office– evidence of meeting English language, maintenance, passport, photographs etc.

• Required to give biometric details at Post Office/ Biometric Enrolment Centre before HO will make a decision on the application

• May be subject to “genuineness test”• HO in person appointment services available for urgent

applications – contact SIT• Migrant to present new Biometric Residence Permit to

department for right to work check. Department to forward copy of BRP (both sides) and passport to SIT


NHS surcharge• Charged to all non EEA migrants coming to work, study or

join family for more than 6 months OR extend their stay;

• Charged at £200 per year for main applicant and each dependant

• Australian and New Zealand nationals are exempt (NHS reference number to be obtained – nil payment).

• Applicants will be required to pay for the full fee up front. For example a visa application for 2.5 years will incur a NHS Surcharge of £500.

• Making the payment – will be charged the maximum up to 3 years - £600 or over 3 years - £1000 and then be refunded the difference based on the length of the visa.


Biometric Residence Permits • Currently all applicants applying inside the UK are issued a Biometric Residence Permit card (BRP).

• Between now and 31 July 2015 this will be introduced for overseas applicants applying for a visa for more than 6 months.

• Issued with a 30 day vignette to allow them to travel to the UK.

• Upon entry will need to collect their BRP from a designated Post Office.


Impact of BRP’s on RTWIf new starter is unable to collect their BRP before commencing employment/engagement;

• Department can rely on the 30 day vignette as proof of right to work.

• Advise individual to collect BRP within 10 days of arrival into the UK and BEFORE vignette expires.

• Repeat right to work check must be completed on the BRP before the vignette expires.


STAGE 2: ARRIVAL


Arrival1. Conduct RTW check before migrant commences work –

remember if you are relying on a temporary one month visa, you must complete a new right to work check when the migrant has collected their BRP

2. Departments fill out Right to Work screen in CORE 3. Add to your list of List B document holders (include expiry

date and type of visa)4. Fill out Arrival Form and send to SIT within five working

days of start date with:• Contact details (even if temporary)• Contract copy • RTW copy• NI number (can follow if not available on arrival)

5. Communicate with migrant about reporting changed in contact details, absence and non UK travel

6. Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259

http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259



STAGE 3: CHANGES DURING EMPLOYMENT


Changes during employment1. Use the Changes/Leaver Form to inform SIT within 5 working days of:

• Change in start date on CoS/ did not arrive on start date• Change in job details (e.g. job title/ duties/ salary/ hours/ work

location) • Change in residential address/contact details (these must always be

up to date)• Unauthorised absence of more than ten consecutive working days• Authorised unpaid leave of up to one month in twelve months (Jan-

Dec)• Change in salary due to leave (maternity, paternity, adoption, sick)

• Left early (e.g. finished early/ resigned/ funding withdrawn/ dismissed)

• Change in immigration status (e.g. granted ILR/ other visa/ other nationality)

• Left as expected in line with visa2. SIT is required to record/report above changes to the Home Office3. Update CORE with changes (departments only)4. Record annual leave and sick absence according to policy for staff group –

keep in department/ college5. Repeat RTW check before visa is due to expire (unless migrant will leave

in line with visa) and send copies of RTW for T2 and T5 sponsored migrants to SIT

Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259



Absence recording and reportingNormal work related travel – does not need to be recorded or reportedUnauthorised absence – when a T2/5 migrant does not arrive for an expected work contact (e.g. to give a lecture)

• If a migrant does not show for work when expected – contact them immediately!

• If absence is explained (e.g. sick, family emergency) – not classed as unauthorised

• Record unauthorised absence and report unauthorised absences of more than ten consecutive working days to SIT (Changes/Leaver Form)

Contact details vital – must be able to contact migrant in reasonable time• If migrant is travelling to out of contact area they must notify admin

Annual leave and sick absence – record according to staff group – and keep in department/college Communicate with migrants – about this policy NB For Indefinite Leave to Remain Applications - migrant must record all out of UK travel for their application


Absence policy overviewAcademic staff• Sickness – must report to line manager as soon as possible on

first day of absence• Annual leave – determine own duration of working time but in

accordance with regulations, Academic staff are entitled to at least the statutory minimum number of days paid holiday per year

Academic related and support staff• Sickness – must report to line manager as soon as possible on

first day of absence• Annual leave – entitlement as specified in letter of

appointment

Procedures must be in place to record sick and annual leave for all Tier 2 sponsored migrants –

Home Office policy


Tier 2 visa extensions• New COS required (use Tier 2 COS Extension form)

• Apply for COS approx. 3 months before visa expiry date

• Job details must remain same as on original COS (duties, location, job title etc.).

• Salary increases as a result of annual increments permissible

• Visa application to be made no later than six weeks before visa expires

• Visa application can be checked by SIT prior to submission

• In person/priority postal appointments available for urgent applications


Switching employmentMigrants already in the UK on a Tier 2 visa with a different employer cannot start a new post with the University until:• SIT have issued them a COS has been issued and • Their new leave to remain (visa) application has been

approved by the Home Office and• Their new Biometric Residence Permit has been

received

Migrants already working for the University on a Tier 2 visa may be able to change employment without having to obtain a new visa, if:• The new job is in the same SOC code (i.e. same

profession – research, teaching, IT etc.) and• Is paid at the appropriate level.


Visa restrictions and conditions• Tier 2 visas are job specific – supplementary

employment permitted under specific circumstances

• Must be paid into own bank account – cash payments prohibited

• No recourse to public funds (i.e. must not claim benefits) – exclusions apply for nationals of some countries

• Voluntary work permitted


Supplementary employmentSupplementary employment permitted where the supplementary work is:

• in the same profession as the job specified on the COS e.g. a University Lecturer may take up supplementary teaching or research for another department or organisation, or in a job which is on the 'shortage occupation list’

• at the same professional level as the job specified on the COS, e.g. paid at the same level

• for no more than 20 hours per week• outside the working hours covered by the COS.

NB the Home Office do not view University teaching and research as the same profession – if a researcher is expected to teach – put it in the further particulars and on COS


Croatian nationals• Require a COS

• Apply for a Registration Certificate instead of a visa

• Same rules apply for COS application except:

• No cooling off period

• No maintenance requirement

• level of post (NQF Level 4)


Data holding• Hard copies to be kept by department/college

• SIT will hold an electronic data record for Tier 2 migrants centrally except:• Absence and sick records – to be recorded according to staff group

and retained by department/college• Interview notes – do not destroy until six months after migrant

leaves/ the University stops sponsoring them

• Send data to SIT at three stages:• Recruitment – using COS form• On arrival – using arrival form• During/end of employment – using Changes/leaver form

• See www.admin.ox.ac.uk/personnel/recruit/recruitproc/feedback/retention/ for info on how long documents need to be retained

http://www.admin.ox.ac.uk/personnel/recruit/recruitproc/feedback/retention/

http://www.admin.ox.ac.uk/personnel/recruit/recruitproc/feedback/retention/


Application fees• COS – paid for by SIT and cross-charged to department (colleges send cheque)

• Visa/leave to remain application fees – paid by applicant

• NHS Surcharge – paid by applicant

• Latest fees https://www.gov.uk/tier-2-general/overview

https://www.gov.uk/tier-2-general/overview

https://www.gov.uk/tier-2-general/overview


Summary• Meet Home Office Resident Labour Market Test requirements –

remember the seven key details

• Keep up to date absence records (sick and annual leave)

• Keep recruitment information – destroy six months after employment/ sponsorship ends

• Apply in good time

• Report changes within five working days

• Keep CORE up to date (departments only)

• Send all required data on Tier 2 and Tier 5 migrants to SIT

• Self-audit to ensure that all required past changes have been notified


Questions

staff immigration team tier 2 sponsorship a comprehensive guide for departments and colleges may...

Documents

staff immigration team

staff immigration team

process tier

immigration policy

sponsored migrants

new migrants

behalf of migrants

inflexiblebut compliance