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Staff Immigration Team
Tier 5 SponsorshipA comprehensive guide for departments and colleges
August 2017
Staff
Immigration
Team
Staff Immigration Team
Staff Immigration Team James Baker – Staff Immigration Team LeaderTel: (2)89908 / email [email protected]
Tim Currie – Staff Immigration OfficerTel: (2)89903 / email [email protected]
Lisa Crook – Staff Immigration OfficerTel: (2)89919 / email [email protected]
Angelina Kehayova – Staff Immigration AssistantTel: (2)89904 / email [email protected] / MPLS / Colleges A – P
Solveig Alsaker – Staff Immigration AssistantTel: (2) 89912 /email [email protected] Sciences / Social Sciences / Colleges Q – W
Libby McGowan – Admin AssistantTel: (2)89926 / email [email protected]
Website:http://www.admin.ox.ac.uk/personnel/permits/
Staff Immigration Team
What we do• Advise departments, colleges and applicants on:
• Tier 2 and Tier 5 process and requirements• Right to Work checks• Visitor immigration requirements
• Process Tier 2 and Tier 5 Certificate of Sponsorship applications and hold all data for Tier 2 and Tier 5 visa holders centrally.
• 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.
• Provide assurance 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.
Staff Immigration Team
Contents• Compliance
• The Points-Based System and Tier 5 overview
• Identifying an opportunity
• Certificate of Sponsorship application
• Visa application
• Visa holder’s arrival in the UK
• Changes during employment/visit
• Visa extensions
• Changing departments
• Croatian nationals
• Visa restrictions and conditions
• Application fees
Staff Immigration Team
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 include:
• Down-grading of the University’s sponsor licence which means we would not be able
to sponsor new applicants from overseas
• Withdrawal of the sponsor licence, with the consequence that all sponsored visa
holders would have to leave the University and the UK.
• On-the-spot fines of up to £20,000 for each illegal worker
• A maximum 2 year prison sentence and/or an unlimited fine if illegal 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 visa holders) may
result in serious consequences for entire Collegiate University.
Staff Immigration Team
Points-Based System
Tier 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, research interns, lecturers, external examiners)
•Government Authorised Exchange (non-research interns – through GTI Recruitment)
•Youth Mobility Scheme (for people under 31 from qualifying countries)
Staff Immigration Team
Tier 5 sponsored applicants• Nationals of non-EEA countries who require a visa to work in the UK
• Usually employed by an overseas HEI/ research institute
• Take part in supernumerary research/ teaching/ external examining
• Not part of normal staffing requirements
• Do not fill vacancy
• Must be paid to meet NMW
• Must report to department/college HR immediately if they are not
being paid as detailed on CoS. HR must report to SIT immediately
• Usually paid by overseas institution/ external grant – may be paid
by Oxford
Staff Immigration Team
Permissible activities• A Tier 5 sponsored visa holder may:
• Collaborate on University-hosted research where they are not filling an
advertised position and the work is additional to the
department/college's normal staffing requirements;
• Undertake research as an intern where the work is additional to the
department/college's normal requirements;
• Give a lecture/lectures where they are not filling an advertised position
and the work is additional to the department/college's normal staffing
requirements;
• Act as an external examiner.
Staff Immigration Team
Tier 5 process
Stage 1:
Engagement
Stage 2:
Arrival in UK
Identify opportunity
Confirm opportunity
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: engagement – using CoS form
Stage 2: arrival in UK – using Arrival form
Stage 3: during/end of engagement – using Changes/leaver form
Staff Immigration Team
Identify and confirm supernumerary
opportunity
• Supernumerary research/ teaching opportunity identified by academic
• Applicant identified (usually due to expertise/interest in a specific area)
• Opportunity confirmed as supernumerary – not part of normal staffing requirements
– not filling vacancy
• Funding agreed (externally funded, paid by employer overseas, department pay
allowance etc.). NB If funding for the proposed work is part of a larger research grant
then work is required under grant conditions, is not supernumerary & not Tier 5.
• Project/teaching plan mutually agreed
• Opportunity/visit confirmed in writing between department and applicant (subject
to obtaining satisfactory right to work)
Staff Immigration Team
Tier 5 points criteria
Requirement Points
Valid Certificate of Sponsorship issued by the University’s SIT 30
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 applicant to a minimum
value of £945 (and accompanying dependants to a minimum value of
£630 each, if required) during the first month of the visit.
10
*Since 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
PLEASE NOTE – it is now possible to certify maintenance for Tier 5 dependants
Staff Immigration Team
CoS application• A Certificate of Sponsorship is a Home Office database record which shows
details of the role the applicant will be filling
• Tier 5 CoS issued for maximum 2 years
• Tier 4 visa holders may switch into Tier 5 to act as a research intern under
certain conditions – contact SIT
• The University holds an allocation of CoS which can be issued by SIT
(subject to meeting Home Office requirements)
Staff Immigration Team
CoS application• Apply around three months before start date
• Late submission/ issues with information provided may result in delayed
start date
• All applications and supporting documents to be sent electronically
• Put supporting documents in one folder – password protect the folder using
7Zip
• Email applications to Staff Immigration Assistant – mark as confidential
Staff Immigration Team
CoS applicationSections of the application form:
• Eligibility – note that work must be supernumerary
• Points criteria – 40 points required
• Maintenance – default position = certified by department or college
(can now certify for dependents)• Passport info - must be passport that will be used for visa application
• Contact details – in country in which the applicant will apply for their visa
• Employment/visit details – start date, end date, funding, hours, role description
etc.
• Details of funding body – e.g. overseas employer, Oxford, external body
• 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
Staff Immigration Team
Activity
CoS application – spot the mistakes
Time – 5 minutes
Staff
Immigration
Team
Staff Immigration Team
Visa/leave to remain application • SIT issue CoS to applicant (both overseas and in-country) by email along with details on how
to apply for their visa. The email will be copied to the department/college HR contact
• Advise applicants to apply as soon as possible to ensure visa granted in plenty of time before
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 maintenance, 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
• Residents of some countries will require a TB test (if coming for more than six months)
• 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 subject to a “genuineness test”
• Issued with one month visa and be required to collect Biometric Residence Permit when arrive
in UK if coming for more than 6 months
Staff Immigration Team
Visa/leave to remain application
In-country applicants (leave to remain):
• Applications made through SIT (including dependents)
• May extend visa to total maximum two years
• Tier 4 visa holders may switch into Tier 5 as a research intern under certain conditions
– speak to SIT
• Applications currently made on paper form
• Supporting documents (depending on circumstances) – evidence of maintenance,
passport, photographs etc.
• Applicant to pay NHS Surcharge and application fee
• Applicant required to enroll biometric details at Post Office/ Biometric Enrolment
Centre before HO will make a decision on the application
• HO in person appointment services available for urgent applications – contact SIT
• Decision and documents returned to SIT
• May be subject to a “genuineness test”
• Visa holder 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
Staff Immigration Team
NHS surcharge
• Charged to all non EEA nationals 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 (£100 for 6 months) based on CoS start & end
dates
• Applicants will be required to pay for the full fee up front.
For example a visa application for 2 years will incur a NHS
Surcharge of £400.
Staff Immigration Team
Biometric Residence Permits
• Currently all applicants applying inside the UK are issued a
Biometric Residence Permit card (BRP).
• All overseas applicants applying for a visa for more than 6
months will need to apply for a BRP
• 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.
Staff Immigration Team
Impact of BRP’s on RTW
If 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.
• If new starter presents vignette, best to advise to return with BRP to
carry out one RTW on both documents.
Staff Immigration Team
Arrival1. Conduct RTW check before visa holder commences work - remember if you are
relying on a temporary one month visa, you must complete a new right to work
check when they have collected their BRP
2. Departments fill out Right to Work screen in CORE
3. Add to list of List B document holders and expiry dates
4. Fill out Arrival Form and send to SIT within five working days of start date with:
• Contact details (even if temporary)
• Contract copy (if applicable)
• RTW copy
• NI number (if applicable) – with confirmation that this has been recorded
on CORE (or other HR system - colleges)
5. Communicate with visa holder about reporting contact details, absence and non
UK travel & remind to register with police if required to.
6. Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
Staff Immigration Team
Changes during sponsorship1. 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) - note that if
funding changes/ceases visa holder must notify department/college HR immediately.
Department/college HR must notify SIT immediately
• 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 total of four weeks in twelve months (Jan-Dec)
• Change in salary due to leave (maternity, paternity, shared parental, adoption, sick)• Left early (e.g. finished early/ resigned/ funding withdrawn/ dismissed)• Change in immigration status (e.g. granted other visa/ other nationality)• Left as expected in line with visa
2. SIT is required to record/report above changes to the Home Office
3. Update CORE with above changes (departments only)
4. Record annual leave and sick absence according to policy for staff group – keep in department/
college
5. Repeat RTW check before visa is due to expire (unless they will leave in line with visa)
6. Send repeat RTW check with new visa for T5 sponsored visa holders to SIT
Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
Staff Immigration Team
Absence recording and reportingNormal work related travel – does not need to be recorded or reportedUnauthorised absence – when a T2/5 visa holder does not arrive for an expected work contact (e.g. to give a lecture)
• If a visa holder 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 visa holder in reasonable time• If visa holder 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. Records for T5 visa holders who are not employees must still be keptCommunicate with visa holders – about this policy
Staff Immigration Team
Tier 5 visa extensions
• New CoS required (use Tier 5 CoS Extension form)
• Apply for CoS approx. 3 months before visa expiry date
• Max. 2 years total stay on Tier 5 visa
• Details of visit must remain same as on original CoS (duties, location, job title
etc.).
• Salary/funding increases as a result of annual increments permissible
• Visa application to be made no later than six weeks before visa expires
• Visa application checked and submitted by SIT
• In person appointments available for urgent applications
Staff Immigration Team
Switching jobs/sponsorsAs a Tier 5 visa is granted specifically for the purpose of the research
visit in question it is not possible to switch to carry out other research
or to a different host department/ college.
If a different project with a different host department/ college, or a
different sponsor (i.e. someone here on a Tier 5 with another
University) , is proposed the visa holder would need to leave and apply
for a new Tier 5 visa for the new visit from outside the UK.
Staff Immigration Team
Visa restrictions and conditions
• Tier 5 visas are specific for visit – supplementary employment permitted
under specific circumstances
• Must be paid into own bank account – cash payments prohibited
• Must report immediately if funding ceases – will not be able to continue to
sponsor visa
• Voluntary work permitted
• No recourse to public funds (i.e. must not claim benefits) – exclusions apply
for nationals of some countries
Staff Immigration Team
Supplementary employment
• Supplementary employment permitted where the supplementary work is:
• of the same type as purpose of visit specified on the CoS e.g. if lecturing
on research may take up supplementary teaching for another department
or organisation, or in a job which is on the 'shortage occupation list’
• at the same professional level as the work 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 Tier 5 visa holder would only be permitted to undertake teaching work if they are giving lectures on their research as part of their visit and if their funding organisation has no objections to them undertaking this work
Staff Immigration Team
Croatian nationals• Require a CoS
• Apply for a Registration Certificate instead of a visa
• Same rules apply for CoS application except:
• No maintenance requirement
Staff Immigration Team
Data holding• Hard copies to be kept by department/college
• SIT will hold an electronic data record for Tier 5 visa holders centrally except:
• Absence and sick records – to be recorded according to staff group and retained
by department/college
• Identification and confirmation of opportunity paperwork – do not destroy until
six months after visa holder leaves/ the University stops sponsoring them
• Send data to SIT at three stages:
• Engagement – 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
Staff Immigration Team
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-5-government-authorised-
exchange
Staff Immigration Team
Summary• Ensure Tier 5 opportunities are supernumerary (not filling a vacancy
and additional to normal staffing requirements)
• Keep up to date absence records (sick and annual leave)
• Apply in good time
• Report changes within five working days
• Keep CORE up to date (departments only)
• Keep up to date list of List B document holders and expiry dates
• Send all data on Tier 2 and Tier 5 visa holders to SIT
• Self-audit to ensure that all required past changes have been notified