Transcript Document
Staff Immigration Team
Tier 5 Sponsorship
A comprehensive guide for departments and colleges March 2015
Staff Immigration Team
Staff Immigration Team
Staff Immigration Team
James Baker – Staff Immigration Team Leader Tel: (2)89908 / email [email protected]
Natalie Goldsmith – Staff Immigration Officer Tel: (2)89912 / email [email protected]
Tim Currie – Staff Immigration Officer Tel: (2)89903 / email [email protected]
Angela Dolby – Staff Immigration Assistant Tel: (2)89904 / email
Humanities / MPLS / Colleges A – P
Lisa Crook – Staff Immigration Assistant Tel: (2)89919 / email [email protected]
Medical Sciences / Social Sciences / Colleges Q – W
David Richardson – Staff Immigration Admin assistant Tel: (2)89926 / email [email protected]
Website: http://www.admin.ox.ac.uk/personnel/permits/
Staff Immigration Team • • • • • • • • • • •
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 visitor routes. 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 a legal referral service for departments and colleges in relation to non-Tier 2 and Tier 5 matters 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.
Staff Immigration Team
Current news
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Contents
• Compliance • The Points-Based System and Tier 5 overview • Identifying an opportunity • Certificate of Sponsorship application • Visa application • Migrant’s arrival in the UK • Changes during employment/visit • Visa extensions • Changing departments • Croatian nationals • Visa restrictions and conditions • Application fees
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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 migrants from overseas Withdrawal of the sponsor licence, with the consequence that
all
sponsored migrants would have to leave the University and the UK.
On-the spot fines of up to £20,000 for
each
illegal migrant A maximum 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.
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Points-Based System
•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 1 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)
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Tier 5 sponsored migrants
• 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 • Usually paid by overseas institution/ external grant – may be paid by Oxford
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Permissible activities
• A Tier 5 sponsored migrant 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.
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Tier 5 process
Stage 1: Engagement Stage 2: Arrival in UK 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 Stage 3: During & end
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STAGE 1: ENGAGEMENT OF MIGRANT
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Identify and confirm supernumerary opportunity
• • • • • •
Supernumerary research/ teaching opportunity identified by academic Migrant 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.). Project/teaching plan mutually agreed Opportunity/visit confirmed in writing between department and migrant (subject to obtaining satisfactory right to work)
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Tier 5 points criteria
Requirement Valid Certificate of Sponsorship issued by the University’s SIT 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 engaging department/college that it will if necessary maintain and accommodate the migrant to a minimum value of £945 during the first month of the visit. Departments/colleges cannot certify the maintenance requirement for dependants of Tier 5 migrants.
Points 30 10
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COS application
• A Certificate of Sponsorship is a Home Office database record which shows details of the role the migrant will be filling • Tier 5 COS issued for maximum 2 years • Tier 4 migrants 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)
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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
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COS application
• • • • • • • • • • • Sections of the application form: Eligibility – note that work must be supernumerary Points criteria Maintenance – 40 points required – can be certified by department or college 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 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
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Activity
COS application – spot the mistakes Time – 5 minutes
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Visa/leave to remain application
• • •
SIT issue COS to migrant (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 migrants 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 – supporting documents sent to follow – evidence of maintenance, passport, photographs etc. Must give biometric details (fingerprints and photographs) at Biometric Enrolment Centre as part of the application process Nationals 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”
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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. Migrant 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”
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STAGE 2: ARRIVAL
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Arrival
1. Conduct RTW check
before
migrant commences work 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
recorded on CORE (or other HR system - colleges) 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 5. Communicate with migrant about reporting contact details, absence and non UK travel 6. Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
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STAGE 3: CHANGES DURING SPONSORSHIP
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1.
Changes during sponsorship
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) 2.
3.
4.
5.
6.
• • • • • •
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 visa SIT is required to record/report above changes to the Home Office Update CORE with above changes (departments only) Record annual leave and sick absence according to policy for staff group – keep in department/ college Repeat RTW check before visa is due to expire (unless migrant will leave in line with visa) Send repeat RTW check with new visa for T5 sponsored migrants to SIT
Form at http://www.admin.ox.ac.uk/personnel/permits/forms/#d.en.50259
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Absence recording and reporting
Normal work related travel – does not need to be recorded or reported Unauthorised 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. Records for T5 migrants who are not employees must still be kept Communicate with migrants – about this policy
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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
•
Job details 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
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Visa application checked and submitted by SIT
•
In person appointments available for urgent applications
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Switching jobs/sponsors
Migrants already in the UK on a Tier 5 visa with a different employer/sponsor cannot start a new role 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 sponsored by the University on a Tier 5 visa may be able to change roles without having to obtain a new visa, if: • The new role is in the same SOC code (i.e. same profession – research or teaching)
and
• Continues to be paid above NMW.
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Visa restrictions and conditions
• Tier 5 visas are role specific – supplementary employment permitted under specific circumstances • Must be paid into own bank account – cash payments prohibited • Voluntary work permitted • No recourse to public funds (i.e. must not claim benefits) – exclusions apply for nationals of some countries
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Supplementary employment
•
Supplementary employment permitted where the supplementary work is:
•
in the same profession as the job specified on the COS e.g. a lecturer 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 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 project plan and on COS
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Croatian nationals
• Require a COS • Apply for a Registration Certificate instead of a visa • Same rules apply for COS application except: • No maintenance requirement • level of post (NQF Level 4)
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Data holding
• Hard copies to be kept by department/college • SIT will hold an electronic data record for Tier 5 migrants 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 migrant 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/ info on how long documents need to be retained for
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Application fees
• COS – paid for by SIT and cross-charged (colleges send cheque) • In country leave to remain – paid for by SIT and cross-charged (colleges include own payment details on form) • Overseas visa – paid for by migrant • Latest fees https://www.gov.uk/tier-5-government-authorised exchange
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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 migrants to SIT • Self-audit to ensure that all required past changes have been notified
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Questions
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